One county code, two sets of tree sizes
Merritt Island is unincorporated, and Brevard County's Chapter 62 land clearing rules apply across it. A permit is needed before any land clearing unless an exemption fits (Brevard County Code s. 62-4337).
Where the island differs is the protected-tree size. The code groups it with the mainland (it's spelled "Merit Island" in the text), so hardwoods are protected at 10 inches dbh and softwoods such as pines at 14 inches. Cross to the unincorporated barrier island and both numbers drop to 1.5 inches (s. 62-4332). Invasive and undesirable species are left out of the definition.
Lagoon frontage, wetlands and mangroves
Waterfront work starts with surveys. Indian River Lagoon property needs a surface water protection buffer survey, wetland boundaries need a certified survey delineated within the last 5 years, and any wetland impact needs a mitigation plan (Brevard Natural Resources Management).
Brevard wants any mangrove permits from the state and federal agencies in hand before it issues a land clearing permit (Brevard County Code s. 62-4338(3)). Mangrove trimming is its own regulated work, done or supervised by a professional mangrove trimmer under the state act (F.S. 403.9329), and it isn't something this service books. A clearing job on a lagoon lot stops where the mangroves start.
Brazilian pepper near the water
Brazilian pepper is Florida Invasive Species Council Category I, rated invasive by UF/IFAS and on the Florida Noxious Weed List. Pulling or cutting handles a small patch. A big stand sprouts back from the stumps, which is why herbicide or stump treatment usually goes with it (UF/IFAS Plant Directory).
The county exempts invasive removal from its clearing rules, with an exception that matters on this island. In wetlands and shoreline protection buffers (and seaward of the coastal setback line on the beaches), clearing must be done by hand, roots stay in the ground, and the only herbicide allowed is one approved for aquatic use (s. 62-4334). A mulcher can work the upland pepper. The band along the water is hand work.
Upland lots off Courtenay Parkway
Away from the shore the jobs look more like the mainland: palmetto, wax myrtle and young laurel oaks crowding a lot off Courtenay Parkway or Tropical Trail, or a back acre gone wild toward the north end of the island. Most of that is underbrush removal or selective clearing, keeping the live oaks and cabbage palms and taking out what's underneath.
Thinning understory still counts as cutting down vegetation; the county's definition of land clearing leaves out only allowable mowing, trimming and pruning. Partial jobs can go through the county's small scale permit, which caps how much understory and canopy can go (s. 62-4338(5)).
Local rules worth knowing
Brevard County's land clearing, landscaping and tree protection rules apply in the unincorporated county, which includes Merritt Island.
Source: Brevard County Code s. 62-4333
Merritt Island uses the mainland protected-tree sizes, 10 inches dbh for hardwoods and 14 inches for softwoods. On the unincorporated barrier island it is 1.5 inches for both.
Source: Brevard County Code s. 62-4332
Brevard requires state and federal mangrove permits before it issues a land clearing permit.
Wetland boundaries need a certified survey delineated within the last 5 years.
Questions people ask
Does the barrier island's 1.5-inch rule apply on Merritt Island?
No. Section 62-4332 groups Merritt Island with the mainland, so hardwoods are protected at 10 inches and softwoods at 14 (Brevard County Code). The 1.5-inch threshold is for the unincorporated barrier island.
Can the mangroves along my shoreline be cut back during clearing?
Not as part of a clearing job arranged here. Mangrove trimming falls under the state Mangrove Trimming and Preservation Act and is done or supervised by a professional mangrove trimmer, and the county wants state and federal mangrove permits in place first.
Can a mulcher clear Brazilian pepper right up to the water?
Not inside shoreline protection buffers or wetlands. There the county requires hand-clearing, roots left in place and aquatic-approved herbicide (s. 62-4334). Upland pepper can be mulched, then the stumps treated.
I'm buying a lot on the island. What should I check first?
Ask Brevard Natural Resources Management for a desktop Property Review, which looks at wetlands, flood-prone areas and protected wildlife (Brevard NRM). If the lot is on the lagoon, add the buffer survey to the budget.
Last reviewed October 7, 2026. General information, not legal or professional advice. Check the linked sources for the current rules.
Sources
- Brevard County Code s. 62-4337
- Brevard County Code s. 62-4332, definitions
- Brevard County Code s. 62-4334, exemptions
- Brevard County Code s. 62-4338, permit standards
- Brevard Natural Resources Management, permitting review process
- F.S. 403.9329, professional mangrove trimmers
- UF/IFAS Plant Directory, Brazilian peppertree