Land-Clearing Permits in Ocala and Marion County, Florida

City of Ocala versus Marion County jurisdiction

Property inside the City of Ocala limits follows the City of Ocala’s codes and review processes. Property in unincorporated Marion County follows Marion County’s Land Development Code. The two are different jurisdictions with different requirements, application processes, and responsible offices.

Before screening any permit, confirm whether the parcel is inside the City of Ocala limits or in unincorporated Marion County. The address alone may not distinguish the two — look at the parcel’s jurisdiction designation in the Marion County Property Appraiser records.

City of Ocala tree ordinance

The City of Ocala regulates the removal of trees within city limits. Tree removal in the city may require a tree removal permit depending on the tree type, diameter at breast height (DBH), the proposed work scope, and the location relative to rights-of-way and protected areas.

What to do:Before removing any tree inside the City of Ocala, contact the City of Ocala Development Services Department. Provide the parcel address and a description of the proposed work. Ask whether a permit is required for the specific trees and scope. Do not rely on a neighbor’s prior experience — thresholds and requirements can vary by parcel, tree type, and project.

• City of Ocala Development Services: ocalafl.org — Planning and Development Services

Marion County — unincorporated areas

In unincorporated Marion County, the Land Development Code governs clearing, grading, and land alteration. Requirements depend on:

• the clearing area and whether it is associated with a permitted construction project;
• proximity to rights-of-way, wetlands, and drainage features;
• tree types and sizes in the work area;
• the scope and intended use after clearing.

What to do: Contact the Marion County Building Department or Marion County Development Review to screen the parcel before clearing. Provide the parcel number, work area, and the proposed scope.

• Marion County Building Department: marioncountyfl.org — Building Department

Florida Forest Service — burn authorization

Open burning of land-clearing debris in Florida is regulated by the Florida Forest Service. A burn authorization is required before any open burning. Current burn conditions — including wind, weather, smoke-management, and local restrictions — must be checked on the day of the planned burn.

A burn authorization does not mean the burn is automatically permitted to proceed. The authorization establishes that burning is conditionally allowed; the burner must confirm all current conditions are satisfied on the day of the burn.

Key facts to confirm with the Florida Forest Service:

• required setbacks from roads, structures, and property lines;
• wind speed and direction requirements;
• what material is eligible to burn;
• whether a trained burn boss or qualified person is required;
• local suspension or restriction status on the burn date.

• Florida Forest Service — Northeast Florida Forest District (Ocala area): fdacs.gov — Open Burning

Gopher tortoise protections — Florida FWC

The gopher tortoise (Gopherus polyphemus) is a state-threatened species protected under Florida law. The Florida Fish and Wildlife Conservation Commission (FWC) regulates any activity that disturbs gopher tortoises or their burrows.

What triggers FWC jurisdiction:

• Work within 25 feet of a potentially occupied burrow is considered disturbance and requires FWC authorization.
• A potentially occupied burrow is one with an opening large enough for a tortoise and no evidence that the burrow has been abandoned.
• Do not assume a burrow is abandoned — FWC rules require confirmation.

What to do before clearing:

• Conduct a gopher-tortoise survey of the work area before equipment moves.
• If burrows are found, contact FWC before proceeding. Depending on the scope, you may need an authorized gopher-tortoise agent to relocate tortoises before work begins.
• Do not disturb, fill, harm, or excavate a suspected burrow without FWC authorization.

• FWC Gopher Tortoise Permitting: myfwc.com — Gopher Tortoise Permits

Sunshine 811 — utility notification

Florida law requires that the party performing excavation notify Sunshine 811 (Sunshine State One Call of Florida) before any qualifying excavation begins. The minimum advance notice is two full business days before the excavation start date.

Who files: The party performing the excavation is responsible for initiating and maintaining the Sunshine 811 ticket. Confirm in writing with the land-clearing provider who will file the ticket and who is responsible for any excavation or grubbing work.

What to know:

• Surface mulching and cutting above grade may not require a locate — confirm with the provider.
• Stump grubbing, excavation, root cutting, and deep grinding near utility corridors typically require a locate.
• Marking shows the approximate location of utilities — it is not an exact boundary. Work carefully near marked lines.
• Sunshine 811 does not mark private utilities (septic, irrigation, private water lines). The property owner is responsible for locating those.

• Sunshine 811: sunshine811.com or dial 811

Construction stormwater — FDEP and SJRWMD

When land-disturbing activity disturbs one acre or more — or is part of a larger common plan of development that will ultimately disturb one acre or more — a Florida Department of Environmental Protection (FDEP) construction stormwater permit (NPDES General Permit for Stormwater Discharge from Large and Small Construction Activities) may be required.

The St. Johns River Water Management District (SJRWMD) has independent jurisdiction over wetlands and surface-water impacts in Marion County. Even if a project is below the FDEP construction-stormwater threshold, it may require a SJRWMD Environmental Resource Permit if wetlands, floodplains, or surface-water bodies are impacted.

What to screen:

• Total disturbed area — clearing, grading, and access routes all count.
• Whether the project is part of a larger development plan.
• Presence of wetlands, ditches, ponds, or surface water in or adjacent to the work area.
• Required erosion and sediment controls during and after work.

• FDEP NPDES Construction Stormwater: floridadep.gov — Construction Stormwater
• SJRWMD Environmental Resource Permits: sjrwmd.com — Environmental Resource Permits

Florida Chapter 163.045 — shade tree removal

Section 163.045, Florida Statutes (the “Homeowner Shade Tree Bill”) provides that a local government may not require a permit, mitigation, or fee for a property owner to trim or remove a tree that poses an unacceptable risk of injury to persons or property, as determined by a certified arborist or a Florida licensed landscape architect. The determination must be in writing and kept on file.

This provision does not eliminate tree ordinances; it creates a specific exemption when a qualified professional documents a risk. Its applicability to a specific parcel, tree, and scope should be confirmed with the responsible city or county agency before relying on it.

Right-of-way and driveway access

Clearing work that affects a public right-of-way — including trees or vegetation within or overhanging the right-of-way — may require a separate right-of-way or driveway permit from the responsible road agency. This applies whether the work is primarily on private property: equipment staging, access routes, or tree canopy over the right-of-way may trigger the requirement.

Confirm right-of-way ownership and applicable permits with:

• the City of Ocala Public Works Department, for city-maintained roads;
• the Marion County Public Works Department, for county-maintained roads;
• the Florida Department of Transportation, for state roads.

Pre-work screening checklist for Marion County

Before authorizing land-clearing work in Ocala or Marion County, screen these items:

1. Jurisdiction: confirm whether the parcel is inside the City of Ocala or in unincorporated Marion County.
2. Tree and clearing permit: contact the responsible city or county agency.
3. Gopher-tortoise survey: conduct before any ground-disturbing work; follow FWC guidance if burrows are found.
4. Sunshine 811 notification: filed by the excavating party at least two full business days before qualifying excavation.
5. Private utility locations:property owner’s responsibility for septic, irrigation, and private lines.
6. Construction stormwater threshold: check whether the disturbed area meets the FDEP one-acre threshold.
7. Wetland or surface-water impact: screen for SJRWMD jurisdiction if the work area is near wetlands, ditches, or ponds.
8. Burn authorization: obtain Florida Forest Service authorization before any open burning; confirm conditions on the burn day.
9. Right-of-way: confirm whether any work or equipment access affects a public right-of-way.
10. Provider responsibilities:confirm in writing which pre-work steps the provider will complete and which remain the property owner’s responsibility.