County rules, scaled to lot size
Port St. John and Mims have no city government, so Brevard County's Chapter 62 tree rules decide what needs a permit. The county scales them by lot size under s. 62-4334, and lots out here run bigger than in most of the county, so the tiers matter:
- Up to 1.25 acres, single-family with a certificate of occupancy: exempt from canopy and preservation requirements, specimen trees included, if minimum landscaping is kept
- Over 1.25 and up to 2.5 acres with a certificate of occupancy: exempt except for the specimen-tree and minimum landscaping requirements
- Larger parcels and vacant land: no lot-size exemption, so a permit comes before land clearing unless another exemption applies (s. 62-4337)
Specimen trees on the bigger lots
A specimen tree is a hardwood or softwood in good condition at 24 inches dbh or more, plus understory trees such as stoppers and hollies at 10 inches (s. 62-4332). On a two-acre homesite in Mims, an old oak of that size still falls under the specimen rule even with the house finished.
Clearing more than a few trees on a bigger parcel can go through the county's small-scale land clearing permit, an administrative waiver. It expires 30 days after issuance, one is allowed per property per calendar year, and it covers up to 50 percent of the understory or 1 acre, whichever is less, plus up to 10 percent of the native canopy. Specimen trees can't be approved for removal under it (s. 62-4338).
For lots over 1.25 acres with existing canopy or trees over 10 inches dbh, the county also asks for a tree and vegetation survey (Brevard NRMO). Smaller clearing jobs are covered on the lot clearing page.
Eagles, hawks and scrub
Before a tall pine comes down, look up. Bald eagles are protected under state rule and two federal laws, and FWC recommends checking its historical nesting map and staying 660 feet from a nest before clearing or construction. The map isn't complete, so it doesn't replace a look on the ground (FWC bald eagle FAQ).
Scrub is the other flag. FWC describes Florida scrub-jay habitat as sand pine and xeric oak scrub and scrubby flatwoods on old sandy ridges, and lists the bird as federally threatened (FWC scrub-jay profile). If your lot has bright sand and short, dense oaks, check before clearing.
Pines and storm season
Slash pine rated medium-low and sand pine the lowest for wind resistance in the UF/IFAS hurricane study (UF/IFAS FR173). On a wooded lot, the trees worth a look are the ones that could reach the house, the garage or the driveway. The rest can usually wait.
Local rules worth knowing
Single-family lots over 1.25 and up to 2.5 acres with a certificate of occupancy are exempt except for the specimen-tree and minimum landscaping requirements.
Source: Brevard County Code s. 62-4334
A small-scale land clearing permit expires after 30 days, is limited to one per property per calendar year, and cannot approve removing specimen trees.
FWC's historical bald eagle nest map is not comprehensive and does not replace an on-the-ground survey.
Source: FWC, Bald eagle FAQ
Questions people ask
My Port St. John lot is about two acres. Can I take out a big oak?
Lots over 1.25 and up to 2.5 acres with a certificate of occupancy are exempt from most county canopy rules, but not the specimen-tree requirement. If the oak is 24 inches dbh or more and in good condition, ask Natural Resources Management first.
How do I find out whether an eagle nest is nearby?
Start with FWC's historical bald eagle nesting map, then look on the ground, since FWC says the map isn't comprehensive.
Is Mims under Titusville's tree rules?
No. Mims is unincorporated county. Titusville's rules are on the Titusville page.
What happens to all the brush?
That's up to you. Ask the crew to chip it, haul it or leave the chips for mulch. The debris hauling page covers the options.
Sources
- Brevard County Code s. 62-4334 (exemptions)
- Brevard County Code s. 62-4337 (permit required)
- Brevard County Code s. 62-4332 (definitions)
- Brevard County Code s. 62-4338 (small scale land clearing permit)
- Brevard County Natural Resources Management, permitting review process
- FWC, Bald eagle FAQ
- FWC, Florida scrub-jay profile
- UF/IFAS, Wind and Trees: Lessons Learned from Hurricanes (FR173)
