Melbourne Beach Town Commission Workshop: Landscape Ordinance Chapter 9A Tree Replacement Changes on November 4

The Melbourne Beach Town Commission is set to hold a workshop on Wednesday, November 4, 2026, at 6:00 p.m. at the Community Center. Item 5.A on the agenda is a discussion of proposed changes to the town's Landscape Ordinance, Chapter 9A of the Town Code, which covers landscaping and trees. Members of the Environmental Advisory Board and the Planning and Zoning Board are expected to discuss the changes with the Commission. A Town Clerk memo says the two boards will present their recommendations.

How Chapter 9A Works Today

The packet sets out the current Chapter 9A text next to the proposed text. Under Section 9A-4, a person generally needs a town permit before cutting down, removing or destroying a tree on property in any zoning district. The same section says a tree that poses an unacceptable risk may qualify for removal without a permit under Section 163.045, Florida Statutes.

That statute says a local government may not require a permit, fee or mitigation to remove a tree on residential property if the owner has documentation from an ISA certified arborist or a Florida licensed landscape architect that the tree poses an unacceptable risk. It also bars a replanting requirement for that tree.

Section 9A-7(c) of the current code sets replacement rules for new construction. Trees removed for new construction are to be replaced by the same or similar species. For mature oak trees, the code calls for one similar tree for each tree removed.

What the Planning and Zoning Board Report Says

The Planning and Zoning Board report says the tree for tree replacement rule in Section 9A-7(c) has proven impractical on tear-down and rebuild lots. It points to the larger footprint of new homes and the on-site stormwater swale rules in Section 3A-80. The report says keeping the same tree density before and after construction was also found impractical for the same reasons.

The report says Chapter 9A was changed in March 2023. Before that change, a lot needed at least three trees, and tree density after construction had to equal or exceed the density before. The report says the change deleted the three tree minimum and added the tree for tree rule.

The report also lists planting limits. It says the 3RS zoning area has many smaller lots, some only 60 to 70 feet wide, and that swales in general take up side yards and limit planting in most back yards. A September 25, 2025 report by an ISA certified arborist, prepared for the Planning and Zoning Board, gives spacing guidance for live oaks. It suggests 15 to 20 feet from a slab foundation and advises against planting directly in swales. The arborist concluded that requiring live oaks on each parcel is not advisable and that species alternatives may be offered where conditions are not suitable.

A separate section of the report questions a native plant mandate for new homes. It cites a survey in which 1 of 26 recent new homes used a native plant landscape.

What the Draft Language Would Change

The draft shows edits in two colors of markup, and the packet does not say who made each edit. Text shown struck through is described as struck. Based on the draft as printed, the changes include the following.

• Section 9A-7 would be retitled "Landscape Plans," with a new subsection for single-family residential zones. Landscaping plans should be submitted with building plans, and lots would be landscaped before the final building inspection or certificate of occupancy.

• One-for-one replacement of mature oak trees would stay. A minimum of eight trees would need to be on the lot, including any oak trees.

• Florida-friendly and Florida native landscaping would be encouraged. Text that would have required 50 percent native plants is struck through.

• Plants on the Florida Invasive Species Council list would be removed during development or redevelopment and could not be planted in the approved plan.

• A tree inspection would take place 180 days after the final building inspection or certificate of occupancy. Replacement trees would be tagged or shown on the as-built plans.

• The penalty section would refer to removal of "any mature oak or any trees" without a permit. Ground, aerial or geospatial photography could be used as prima facie evidence that trees were on a site before an unapproved removal.

• A new Section 9A-13 would list five nuisance trees, including Brazilian pepper and Australian pine. Owners would be encouraged to remove them, and a town permit would be required first.

In Section 9A-6, the draft would add a reference to Section 163.045 to the permit criteria. The sentence there calling for equal or greater tree density after construction is struck through.

The Environmental Advisory Board's Report Card Idea

The Environmental Advisory Board handout proposes an "Environmental Report Card" for projects. It says builders are clearing lots, including large trees, to make room for swales and retention areas required by stormwater rules.

Under the idea, an applicant would submit an Environmental Impact Matrix with the site plan, and staff would score the project. Stormwater management would count for 30 percent of the score and existing tree preservation for 20 percent. Native vegetation, native landscaping, water quality and other factors would make up the rest. A project would need 75 out of 100 to pass. The handout lists possible incentives such as stormwater credits, expedited review and lower permit fees. The packet does not include code language for the report card.

Who May Be Affected and What It May Mean

The proposals may matter to owners, buyers and builders of single-family lots in Melbourne Beach, in particular tear-down and rebuild lots. If changes like those in the draft were adopted later, a new home could need a landscape plan, at least eight trees on the lot and a later tree inspection. Owners of lots with mature oaks may see the one-for-one replacement rule continue.

Owners with nuisance trees on their property may also be affected, since the draft would require a town permit before removal. Nonresidential and multifamily properties would keep buffer planting rules under the draft. The report card, if pursued, may change how projects are reviewed, though the packet has no draft text for it.

How the Workshop Works and How to Take Part

The agenda lists the item as a discussion under New Business. It does not list a vote, and the packet has no numbered ordinance.

The agenda includes a public comment period for town business not on the agenda. Speakers are asked to state their name and address, and each person has three minutes. Under the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons needing special accommodations are asked to contact the Office of the Town Clerk at (321) 724-5860 or the Florida Relay System at 711 at least five days before the meeting. Under Section 286.0105, Florida Statutes, a person who wishes to appeal a decision made at the meeting will need a verbatim record, which the town does not provide.

The Town Commission Workshop meets Wednesday, November 4, 2026, at 6:00 p.m. at the Community Center, 509 Ocean Avenue, Melbourne Beach.