County code, not a city's
Viera and Suntree aren't cities. They sit in unincorporated Brevard, so the county's Chapter 62 land clearing, landscaping and tree protection rules apply (Brevard County Code s. 62-4333). Many homes here also sit inside homeowner associations, which can have their own approval steps, so check yours before anything is scheduled.
A county permit for a single-family lot expires 90 days after it's issued, and the Director can extend it by up to 60 days. It has to be posted where it can be seen from the abutting road, and erosion and sediment controls have to follow the FDEP/FDOT inspectors manual (s. 62-4338). Book the crew for after the permit arrives and inside that window.
Kept trees can still count as cleared
This rule matters most on a building site. Under s. 62-4338(7), land clearing includes any act, deliberate or careless, that affects a tree's viability: improper pruning, root damage from herbicide, fuel or solvents, soil compaction and trunk or root injury from machines, materials stored under the tree, injuries likely to invite pests, and cutting or filling over the root system (Brevard County Code s. 62-4338). Damage like that counts even if the tree is still standing when the crew leaves.
On a site with oaks you plan to keep, it turns into a short list for everyone working there:
- Fence off the ground under the canopy before any machine shows up
- Park, fuel and stockpile fill somewhere else
- Keep grade changes and trenching out of the root zone
- Make clean pruning cuts instead of letting equipment tear limbs off
Suntree's bigger lots and the 1.25-acre line
Some Suntree homes sit on more land than the newer Viera neighborhoods, and the county's exemptions turn on lot size. If the single-family lot is 1.25 acres or smaller and has a certificate of occupancy, the canopy and preservation requirements don't apply, specimen trees included, provided minimum landscaping remains. Between 1.25 and 2.5 acres, the specimen-tree and minimum landscaping rules still apply (s. 62-4334).
The county defines a specimen tree as a hardwood or softwood in good condition measuring 24 inches dbh or more, or an understory tree such as a stopper or holly at 10 inches or more, with diameter taken 4.5 feet above grade (s. 62-4332).
Lake Washington and the commercial side
Lake Washington frontage adds a step: the county wants a surface water protection buffer survey for those parcels (Brevard Natural Resources Management). Commercial pads come with their own engineered site plan, and the clearing follows it. Grading and pad prep picks up once the trees and stumps are out.
Local rules worth knowing
A county land clearing permit for a single-family lot expires 90 days after issuance, the Director may extend it up to 60 days, and it must be posted where it's visible from the road.
Source: Brevard County Code s. 62-4338
Soil compaction, fuel or herbicide damage to roots, stored materials and grade changes over the root system all count as land clearing under the county code.
A single-family lot of up to 1.25 acres that has a certificate of occupancy doesn't fall under the county's canopy and preservation requirements, as long as minimum landscaping is maintained.
Source: Brevard County Code s. 62-4334
Property on Lake Washington needs a surface water protection buffer survey.
Questions people ask
How long is a Brevard County clearing permit good for?
For a single-family lot, 90 days from issue, and the Director can add up to 60 (s. 62-4338). Don't pull it months before a crew can start.
My Suntree house sits on almost 2 acres. Which tree rules apply?
With a certificate of occupancy, a lot over 1.25 and up to 2.5 acres is exempt from most canopy rules but still subject to the specimen-tree and minimum landscaping requirements (s. 62-4334). Oaks of 24 inches or more are the ones to ask about.
Do Viera associations have rules on clearing?
Some do, and they sit apart from county permits. Read your covenants or call the association before clearing anything visible from the street.
Last reviewed October 7, 2026. General information, not legal or professional advice. Check the linked sources for the current rules.