Lee County Tree Rules for Lehigh Acres Lots
Tree removal on a Lehigh Acres lot is governed by Lee County, because Lehigh is unincorporated and has no city code of its own. For an ordinary single-family lot on the mainland, the county's vegetation removal permit starts at 5 acres, which leaves nearly every Lehigh house lot outside it. Development sites, hazard trees, farm clearing, invasive species and a state law on risky trees at a home each follow their own rules. This page sorts them out, with the county contacts for each.
Who sets the rules in Lehigh Acres
Lehigh Acres has no city government, so Lee County's land development code applies. Tree questions go to the Environmental Sciences staff in the Department of Community Development (DCD) at 1500 Monroe Street in Fort Myers. The county's tree protection page points to Chapter 14 of the Land Development Code and lists 239-533-8585 for questions, and the vegetation permit guide gives DCDVegetation@leegov.com as the email for vegetation questions. Applications are made online through eConnect (aca.leegov.com).
The 5-acre line for one house on one lot
The county's vegetation removal application has a "Clearing for Single Family" request that applies to lots "more than 5 acres, 2 or more acres on Pine Island, or any lot on a Barrier island." The submittal requirements describe the mainland case as a single-family lot "five acres or more in unincorporated Lee County." Pine Island and the barrier islands have lower thresholds; Lehigh, on the mainland, uses the 5-acre figure.
Put in lot terms, a quarter acre is one-twentieth of 5 acres and a half acre is one-tenth. A standard Lehigh house lot isn't close to the line.
| Where the lot is | Single-family clearing that needs the permit |
|---|---|
| Mainland unincorporated Lee County (including Lehigh Acres) | 5 acres and up (see the note on exactly 5 acres below) |
| Pine Island | 2 acres or more |
| Barrier islands | Any lot |
Where the permit does apply, the application form (May 2021) lists a fee of "$30 plus $1 per tree, not to exceed $25 per acre," and the fee doubles when the clearing was done before the permit.
Right at 5 acres?
The two county forms word the mainland line a little differently: one says "five acres or more," the other "more than 5 acres." If your parcel is exactly 5 acres, ask DCD at 239-533-8585 or DCDVegetation@leegov.com which reading applies before anything is cut.
Where county tree protection does reach
The county's tree page states that "A Vegetation Removal Permit is required for the clearing of trees for any development reason," and that "Native trees are protected from removal and abuse on subdivision, commercial and industrial development sites." The protected tree list itself is in Appendix E of the Land Development Code.
So the picture changes when the project is more than one house on one lot. Someone clearing several lots for a subdivision, or building a commercial site, is in different territory from an owner building a single home. If your plans go beyond one house, talk to Environmental Sciences before you price the clearing.
Hazard trees
Lee County's hazard tree page (Land Development Code Chapter 14, Article V, §14-412) says the administrator shall approve removing a protected tree that meets one of the listed conditions, including when the tree:
- is a hazard to traffic or to utilities
- is a hazard to buildings
- blocks reasonable access to the lot
- is diseased and hazardous
- has been weakened by age, storm, fire or injury
- prevents lawful development or use of the lot
The administrator can require the tree to be relocated on the same lot instead of removed.
Florida's rule for risky trees at a home
A state law, section 163.045 of the Florida Statutes, takes local permits out of the picture for some residential removals. In summary: when the owner of residential property has documentation from an ISA-certified arborist or a Florida-licensed landscape architect that a tree poses an unacceptable risk, a local government can't require a permit, a fee, mitigation or replanting to remove it. The statute defines residential property as a single-family detached building on a lot, so this route is about trees near an existing home rather than an empty lot.
Farm and ranch land: the Notice of Clearing
If your land is zoned agricultural, Lee County's Notice of Clearing page says owners clearing it for bona fide agriculture "must obtain a Notice of Clearing from Environmental Sciences prior to commencement of any land clearing activities." Parcels already classified as agricultural for property tax purposes under section 193.461(3)(b) of the Florida Statutes don't need one.
The page adds a condition with teeth: if a rezoning is filed within three years of the notice and granted, the county's open space and reforestation rules apply to the land. For tax-status questions it lists 239-533-8585. More on bigger parcels in acreage clearing.
When a required permit was skipped
Environmental Sciences enforces against clearing trees or other vegetation without a permit where one was required, according to the county's enforcement page. The tools it describes are a stop work order, a citation or a notice of violation, with abatement meaning compliance, site restoration or both. Cases that aren't resolved go to the Hearing Examiner, and the page describes liens that can run up to $250 a day plus prosecution costs. On top of that, the permit fee doubles after the fact.
Invasive trees are on a different list
Brazilian pepper, melaleuca and Australian pine are on Lee County's prohibited list, and the county's code language is about removing them from development areas, not protecting them. The Brazilian pepper guide covers what that list means for a Lehigh lot.
Rules that apply with or without a tree permit
- Gopher tortoise burrows: a 25-foot buffer or an FWC permit. See gopher tortoises.
- Burrowing owl burrows: 10- or 33-foot buffers depending on the season. See burrowing owls.
- Wetlands: an Environmental Resource Permit, generally from DEP for single-family parcels.
- The road right-of-way: a Lee County DOT permit before any driveway work.
- Canals and District land: LA-MSID, 239-368-0044.
- Fill more than 18 inches above the road crown or the developed lot next door: a fill grading plan with the building permit.
Tree rule questions
Can I take the pines off my half-acre lot without a county permit?
Under the county's vegetation removal permit list, a single-family lot under 5 acres on the mainland isn't one of the cases that needs it. Check for burrows and wet ground first, and if you're clearing well before a building permit, confirm with DCD.
My parcel is exactly 5 acres. Which rule applies?
The county's documents disagree slightly at that exact size, so get DCD's answer in writing before clearing.
A dead pine leans toward my house. What are my options?
If the tree is protected, the county's hazard tree criteria cover trees that endanger buildings or are weakened by storm or age. At an existing single-family home, a written risk assessment from an ISA-certified arborist or a Florida-licensed landscape architect brings in the state law that bars local permits and fees for that removal.
Does a county permit cover the tortoise burrows too?
No. Gopher tortoises and burrowing owls are FWC matters, handled separately from any county tree permit.
We already cleared, and now someone says a permit was needed. What happens?
Call Environmental Sciences at 239-533-8585 and ask. Where a permit was required, the county's remedies include restoration, and the permit fee is doubled after the fact.
Getting help with the clearing
Once you know which rules apply, call or send the form. Your request goes to one independent local contractor, who can walk the lot and price the work in writing. The referral is free.
Got a lot in Lehigh Acres that needs clearing?
Call or send the short form. Your request goes to one independent local contractor who can walk the lot and put a price in writing. There's no charge for the referral.