Unincorporated, so the county decides
Micco and Barefoot Bay are unincorporated, which puts clearing under Brevard County's Chapter 62 (Brevard County Code s. 62-4333). On bigger parcels the first step is paperwork: the county wants a tree and vegetation survey for any lot above 1.25 acres carrying existing canopy or trees bigger than 10 inches dbh (Brevard Natural Resources Management).
Around Barefoot Bay the job might be one vacant homesite or an overgrown back corner. Out along Micco Road it's more likely several acres of pine and palmetto with a sand track running through.
The small scale permit and its limits
For partial clearing the county offers a small scale land clearing permit, an administrative waiver with tight limits (s. 62-4338(5)):
- Understory: no more than 50%, or 1 acre if that's smaller
- Up to 10% of the native canopy
- No specimen trees
- Expires 30 days after it's issued
- One per property per calendar year
Clearing more than the permit allows
Approval for the small scale permit follows a county site visit, and replacement trees can be assigned. It suits thinning palmetto under pines on a few acres. It was never meant for clearing a whole homesite.
Go past the line and the county counts by area and by tree. Each quarter acre or fraction cleared in violation is a separate violation, and each protected tree removed is another. The code calls these violations irreparable and irreversible, holds back permits and certificates of occupancy until they're resolved, and lets the director issue an immediate stop-work order (s. 62-4336). Walk the boundary and flag the limits before the machine starts.
Tortoise surveys run on a clock
Open pine and sandy ground at this end of the county is worth walking for gopher tortoise burrows before anyone prices the job.
If burrows mean a relocation permit, FWC's guidelines set the timing. The application needs a burrow survey covering at least 15% of potential habitat. The full 100% survey has to be done no more than 90 days and no fewer than 72 hours before tortoises are captured and moved, not counting weekends and holidays. FWC asks for paper applications 90 days ahead and processes most in 45 days or less (FWC Gopher Tortoise Permitting Guidelines).
Book the clearing for after the authorized agent is done. Clearing first can turn a simple permit into a long one.
Local rules worth knowing
Under a small scale land clearing permit you can remove as much as 10% of the native canopy and 50% of the understory or 1 acre, whichever is less. A property gets one per calendar year.
A tree and vegetation survey is required on lots bigger than 1.25 acres that have existing canopy or trees above 10 inches dbh.
Each quarter acre or fraction cleared in violation of the county code is a separate violation.
Source: Brevard County Code s. 62-4336
FWC processes most paper gopher tortoise permit applications in 45 days or less and asks for them 90 days ahead.
Questions people ask
Can I thin palmetto on my Micco acreage without a full clearing permit?
Possibly, with the small scale permit: up to half the understory or 1 acre, whichever is less, once per calendar year, after a county site visit (s. 62-4338(5)). Ask Natural Resources Management whether your parcel qualifies.
Does the county exempt farmland?
Bona fide agriculture is on the list of exemptions in s. 62-4334 (Brevard County Code). Whether your use qualifies is the county's call, so ask before clearing on the strength of it.
What happens if too much gets cleared?
Each quarter acre or fraction over the line is its own violation, every protected tree removed is another, and the county can hold permits and certificates of occupancy until it's resolved.
How far ahead should I plan if there are tortoises?
Plan in months. FWC wants paper applications 90 days ahead, processes most in 45 days or less, and the full survey has to fall within 90 days of capture.
Last reviewed October 7, 2026. General information, not legal or professional advice. Check the linked sources for the current rules.