County rules across the island
Merritt Island isn't a city. It's unincorporated Brevard County, so the county's land clearing and tree protection code applies, and a permit is needed before clearing unless an exemption fits (Brevard County Code s. 62-4337). The county code also sets which tree sizes are protected. Check those with Brevard Natural Resources Management (Brevard NRM) before any big trees are marked to come out.
The north end of the island is mostly Kennedy Space Center and the Merritt Island National Wildlife Refuge. Private lots are to the south, in the neighborhoods and along the roads down the middle of the island.
Low ground, flood zones and fill
Much of the island is low and close to the water, and flood zones are common. Before anyone talks about how much fill a lot needs, look the address up on FEMA's flood map (FEMA Flood Map Service Center) and get a survey. For a new house, the pad height comes from the builder's plans and the minimum floor elevation, and we build the pad to that number.
Raising an existing yard is a different job. Fill changes where rain goes, and a yard brought up a foot can send water at the house next door. We'll talk through where the water will go before the first load of fill dirt comes off the truck.
Old live oaks need room too. The county counts filling over a tree's root system as land clearing (s. 62-4338), so the fill stops short of the roots of any tree that stays.
Waterfront lots and mangroves
Lagoon frontage brings extra review. The county wants a surface water protection buffer survey for Indian River Lagoon property (Brevard Natural Resources Management), and it wants any state and federal mangrove permits in hand before it issues a land clearing permit (s. 62-4338).
Mangroves take a professional mangrove trimmer and permits of their own. Ask about the mangrove edge early, because it changes what a waterfront lot's clearing permit covers.
Upland lots with oaks and palms
Away from the shore, island lots look more like the mainland. Palmetto, wax myrtle and young laurel oaks crowd in under big live oaks and cabbage palms. Underbrush clearing fits most of these jobs: we take the understory down and leave the oaks and palms the owner wants to keep.
Good to know locally
Brevard County's land clearing and tree protection rules apply across Merritt Island, which is unincorporated.
The county requires state and federal mangrove permits before it issues a land clearing permit.
Source: Brevard County Code s. 62-4338, land clearing permit standards
Indian River Lagoon property needs a surface water protection buffer survey for county review.
Source: Brevard County Natural Resources Management, permitting review process
Questions people ask
Can you bring in fill to raise my yard?
Often, yes. Before we do, check the flood map and think about where the water drains once the yard is higher. Keep the fill off the roots of any tree you're keeping, because the county treats filling over the root system as land clearing (s. 62-4338).
Will you clear right down to the water?
Not through mangroves. Those take a professional mangrove trimmer and permits of their own. Lagoon lots also need the county's buffer survey, so plan for the waterfront edge to carry extra paperwork.
Last reviewed October 15, 2026. General information, not legal or professional advice. Check the linked sources for the current rules.