Lay out the route first
Start with the survey. The drive has to stay inside your lines, clear any easements and meet whatever setbacks apply, and it should follow the highest, driest ground you have. Every low spot it crosses will need fill or a pipe.
Walk it with flags before anyone quotes. Bend the route around the big oaks you want to keep, and think about the trucks: a loaded concrete truck needs room to turn and firm ground to stand on.
In Palm Bay, construction needs are one of the accepted reasons for removing a tree, including up to a 10-foot equipment access path (Palm Bay Code s. 175.003). The permit still comes first.
Cutting a path or building a road
A mulched path gets equipment and people in. A road that survives summer rain and loaded trucks needs more: stumps and roots out, the soft organic layer stripped, and a graded, compacted base, sometimes with rock or shell on top. Decide which one you need now and which can wait.
Once the work involves grading or moving earth, Sunshine 811 needs two full business days' notice (Sunshine 811). On long rural drives, add up the disturbed area. If the road, pad and work areas together reach an acre or more and drain to surface water or a storm sewer system, Florida's construction stormwater permit applies (FDEP).
Wet ground and crossings
A wet spot on the route may be a wetland. Filling wetlands may need an Environmental Resource Permit from the St. Johns River Water Management District or FDEP (SJRWMD), and in unincorporated Brevard the county wants wetland lines surveyed and any impact mitigated (Brevard Natural Resources). Route around wet ground where you can, and ask before any fill goes in where you can't.
Easements, lines and the road connection
Power lines and utility easements are not part of the job. If the route passes under a line, don't clear or trim near it and don't have anyone else do it; call your electric utility. Florida law lets utilities maintain vegetation inside an established electric utility right-of-way without local permits (F.S. 163.3209).
Where the drive meets a public road, ask the county or city what they need for the connection before the last stretch is cut.
Wildlife on the route
Routes through sandy scrub and pine woods can cross tortoise ground. FWC requires a permit for clearing or grading within 25 feet of a potentially occupied burrow, and none if the work stays 25 feet away (FWC). A road can usually bend around a burrow more easily than a house can.
Questions for the crew
Road quotes differ most in what goes under the surface. Ask:
- How wide is the cleared path, and how wide the finished road?
- Are stumps pulled under the road, or ground?
- Is base material included, and what kind?
- How will low spots on the route be handled?
- Who places the 811 request?
Questions people ask
How wide should an access road be cleared?
Wide enough for the biggest truck that will use it, plus room for its mirrors. Ask your builder and well driller what they need, then give the crew a number in feet.
Do I need a permit to cut a driveway through my lot?
It's clearing like any other, so the same permit rules apply. Palm Bay accepts construction needs, including up to a 10-foot equipment path, as a reason to remove trees, and the unincorporated county requires a land clearing permit unless the property is exempt (s. 62-4337). The permit guide has the details.
Do I need to call 811 to grade a driveway?
Yes. Sunshine 811 counts grading, moving earth and scraping as digging and wants two full business days' notice.
Can the road cross a wet area?
Sometimes, with permits. Filling a wetland may need a state Environmental Resource Permit, and the county wants wetland lines surveyed. Routing around it is usually simpler.
Mulched path or graded road: which do I need?
A mulched path is enough for a surveyor, a walk-through or light equipment in dry weather. For concrete trucks, well rigs and daily driving, plan on a graded, compacted road with the stumps out underneath.
Last reviewed October 7, 2026. General information, not legal or professional advice. Check the linked sources for the current rules.
Sources
- Palm Bay Code s. 175.003, criteria for tree removal
- Sunshine 811, frequently asked questions
- FDEP, NPDES construction generic permit
- St. Johns River Water Management District, do you need a permit?
- Brevard County Natural Resources, permitting review process
- Florida Statutes s. 163.3209, electric utility rights-of-way
- FWC, Gopher tortoise permits
- Brevard County Code s. 62-4337, permit required