Check which city you're in
Melbourne and West Melbourne sit side by side and write their own tree rules, and Melbourne Village sits between them. If your parcel is near it, check with that town hall too. The boundaries aren't obvious from the road. Your property tax bill names the city. Start there.
Lot clearing in Melbourne: a vacant lot means a tree permit
Under Melbourne's Land Development Code, removing any tree takes a permit unless an exemption applies, while trimming up to 20% of a tree's canopy needs none (Melbourne LDC s. 9.272). The broad exemption is for properties with an existing one-, two- or three-family home. An empty lot has no home on it, so that one doesn't help.
Two other exemptions come up on lots all the time. Non-viable or dangerous trees are one. The other is the invasive list, which names Brazilian pepper, melaleuca, Australian pine, carrotwood, Chinese tallow, camphor and chinaberry, plus anything on the FLEPPC Category I or II lists. A pepper thicket along a back fence is often the part of the job that can go first.
Scrub-jay and tortoise habitat
Melbourne writes wildlife straight into its tree code. Under s. 9.272(a)(2), vegetation in designated occupied scrub-jay and gopher tortoise habitat can't be trimmed, removed or altered until the U.S. Fish and Wildlife Service approves it (Melbourne LDC s. 9.272).
Federal review reaches big public projects here too. In 2026 the Service published an incidental take permit notice tied to scrub-jay habitat and a taxiway rehabilitation at Melbourne Orlando International Airport (Federal Register, 2026). If your parcel has white sand and scrubby oaks, read the scrub-jay guide and the tortoise guide before anyone prices clearing.
West Melbourne's version
West Melbourne requires a permit to remove a protected tree, meaning a species listed in the city's Manual of Acceptable Plantings (s. 71-107). Under s. 71-110(b), a lot actively used for single-family living needs no notice, application, permit, fee or mitigation to prune, trim or remove a tree, and s. 71-108(d) exempts owner-builders putting a single-family home or duplex on their own lot (West Melbourne Code, Ch. 71).
Listed invasives are exempt as well, and that list names Brazilian pepper, melaleuca, air potato and cogongrass. If air potato vines are climbing the pines on your tract, they fall under it.
Commercial pads and an acre or more
Bigger sites bring in the state. Florida's Construction Generic Permit covers construction that disturbs 1 acre or more, or less when it's part of a larger common plan, and discharges to surface waters or a municipal storm sewer. It calls for a stormwater pollution prevention plan and a notice of intent filed at least 2 calendar days before work begins (FDEP Construction Generic Permit).
Ask who is preparing that plan before clearing goes on the calendar. Grading and pad prep covers the dirt work after.
Local rules worth knowing
Melbourne lets owners trim up to 20% of a tree's canopy with no permit; removing a tree needs one unless the code exempts it.
Source: Melbourne LDC s. 9.272
Trimming, removing or altering vegetation in designated occupied scrub-jay or gopher tortoise habitat needs U.S. Fish and Wildlife Service approval.
Source: Melbourne LDC s. 9.272(a)(2)
West Melbourne's tree permit doesn't apply to an owner-builder putting a single-family home or duplex on their own lot.
Source: West Melbourne Code s. 71-108(d)
Construction that disturbs 1 acre or more and discharges to surface waters needs Construction Generic Permit coverage, with the notice filed at least 2 days ahead.
Questions people ask
My Melbourne lot is vacant. Does the home exemption cover it?
No. The exemption in s. 9.272 is for property with an existing one-, two- or three-family home, so trees on a vacant lot generally need a removal permit unless they're listed invasives or non-viable (Melbourne LDC s. 9.272). Confirm with the city before clearing.
Is Brazilian pepper exempt in both cities?
Yes. Melbourne names it among its prohibited invasive trees, and West Melbourne exempts it along with its other listed invasives. It still resprouts from cut stumps, so plan on stump treatment (UF/IFAS).
I'm building my own house in West Melbourne. Does the tree permit apply?
Section 71-108(d) exempts owner-builders of single-family homes and duplexes on their own lot (West Melbourne Code). Ask the city to confirm how it applies to your lot before clearing starts.
What if my parcel is mapped as scrub-jay habitat?
Then Melbourne's code requires U.S. Fish and Wildlife Service approval before any vegetation there is trimmed, removed or altered. Ask the city's planning office first and hold off on pricing.
Last reviewed October 7, 2026. General information, not legal or professional advice. Check the linked sources for the current rules.