Two towns with their own codes
Grant-Valkaria and Malabar have their own town halls, and either can tell you which rules cover a parcel. Brevard County's Chapter 62 land clearing rules are written for unincorporated Brevard (Brevard County Code s. 62-4333), so the town hall is the first call for a parcel here. Ask whether clearing needs a town permit and whether any trees have to stay.
State and federal wildlife and wetland rules apply on top of whatever the town says. On acreage, those are usually what shape the schedule.
Pasture, shade trees and fence lines
A lot of clearing out here is catch-up on land that used to be open. Palmetto and wax myrtle creep into pasture, pine seedlings take hold, and after enough years a paddock is woods again. Forestry mulching knocks that back without hauling anything off, and the chipped layer breaks down into the sand.
If you want shade left for animals, this is selective clearing more than a wipe. Tie ribbon on the live oaks and cabbage palms you want kept before the crew arrives, and walk the fence lines together. Fence line clearing and pasture reclamation cover those jobs.
Gopher tortoises on acreage
Any clearing, grading or digging closer than 25 feet to a gopher tortoise burrow that might be occupied requires an FWC permit. When every bit of the job keeps 25 feet or more away from burrows and tortoises, no permit is required (FWC gopher tortoise permits). On several acres, flagging a circle around each burrow and working outside it is often practical. On a crowded homesite it may not be.
When the buffers won't fit, FWC has a 10 or Fewer Burrows permit. The landowner completes an FWC e-learning course or hires an Authorized Agent, and the full burrow survey runs on transects no more than 33 feet apart over the development area plus 25 feet (FWC 10 or Fewer Burrows permit). The tortoise guide has the rest.
Eagle nests and wet ground
Before clearing, FWC recommends checking its Historical Bald Eagle Nesting Areas map and keeping 660 feet from any nest. The map isn't complete and doesn't replace looking on the ground (FWC bald eagle FAQ). A big stick nest in a tall pine near your property line is worth a call to FWC before anything is scheduled.
Low spots, ponds and seasonal wet areas raise a different question. Building in wetlands or filling them may need an Environmental Resource Permit from the St. Johns River Water Management District or FDEP, depending on the project (SJRWMD). Pushing fill into a wet corner of a pasture is exactly the kind of job to ask about first.
Local rules worth knowing
No FWC gopher tortoise permit is required if all development activity stays at least 25 feet from burrows and tortoises.
Source: FWC, gopher tortoise permits
Landowners with 10 or fewer burrows who can't keep 25-foot buffers can get a permit after an FWC e-learning course, or by hiring an Authorized Agent.
Source: FWC, 10 or Fewer Burrows permit
FWC recommends a 660-foot buffer from bald eagle nests and a check of its nesting map before land clearing.
Source: FWC, bald eagle FAQ
All land clearing pile burns need a Florida Forest Service authorization, with setbacks from occupied buildings, paved roads and brush.
Questions people ask
Do Brevard County's clearing permits apply in Grant-Valkaria or Malabar?
The land clearing division of the county's Chapter 62 covers unincorporated Brevard. Check with the town hall for a parcel inside either town. FWC and federal wildlife rules apply either way.
Can work go around tortoise burrows instead?
Often, on acreage. FWC says no permit is needed if all development activity stays at least 25 feet from burrows and tortoises (FWC). Inside that distance you're into FWC permits and an Authorized Gopher Tortoise Agent.
Can brush piles be burned on rural land here?
Only with a Florida Forest Service authorization. Residential land clearing piles must be 300 feet from occupied buildings other than yours, 100 feet from paved public roads and 50 feet from brush (Florida Forest Service). Burning isn't something this service books; the jobs passed along end in mulch or haul-off.
What does a cleared pasture usually look like afterward?
A mulched layer where the palmetto and brush were, small trees cut low, and the trees you chose to keep standing. Ask whether the price includes stump grinding and whether the mulch will be spread thin enough for grass to come back.
Last reviewed October 7, 2026. General information, not legal or professional advice. Check the linked sources for the current rules.