Annexation Information

The following reflect frequently asked questions regarding annexation. This provides insight into the laws and procedures used by the cities and county for properties that qualify for annexation. 

What is Annexation?

Annexation is the process by which a city expands its legal boundaries by incorporating land that was previously under the jurisdiction of Volusia County

Where can I find the rules or laws that govern how annexations area carried out?

Chapter 171, Florida Statutes (F.S.) contains the rules that apply to how cities may annex property into their jurisdiction. Here is a link to that chapter: Statutes & Constitution :View Statutes : Online Sunshine

Are there different types of annexations?

Yes, Chapter 171, F.S., identifies two types of annexation. Annexation by referendum is the first type of annexation. The requirements and procedures for annexation by referendum can be found in F.S. Section 171.0413. This type of annexation occurs when a city wants to annex an area of unincorporated Volusia County that involves numerous property owners. This type of annexation requires a referendum vote of the registered voters within the area identified for annexation. This type of annexation is not very common and occurs only in unique situations. 

The second type of annexation is a voluntary annexation and there are specific rules in F.S. Section 171.044 that allow contiguous, compact properties to annex into a city by adoption of a city ordinance. This is the most common type of annexation. The property owner must petition the city for annexation. The city is required to prepare an annexation report that verifies that the area subject to the petition complies with the requirements of F.S. Section 171.044. There are notification requirements so that Volusia County is aware that the city intends to annex the property. Upon receipt of the annexation petition, the county staff will review the petition for compliance with state law. The county can only object if the petition does not comply with state law.

What is an enclave and why is it important?

Enclaves are defined in F.S. Section 171.031 as:

(a) Any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or

(b) Any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality.

This is important since a city cannot annex a property if the annexation creates an enclave. Volusia County reviews the city’s voluntary annexation petition to ensure that enclaves are not created.

Will I be notified if my neighbor wants to voluntarily annex into an adjacent city

There is a requirement to publish an advertisement in a newspaper of general circulation for the public hearings for the annexation ordinance, but state law does not include a requirement to notify adjacent property owners. Individual cities in Volusia County may have their own notification petitions for voluntary annexation. Please review the individual cities’ codes for the specific requirements of their notification requirements.

Can I object to my neighbor annexing their property into a city?

Residents may attend and participate in the public hearings held by the cities for voluntary annexation requests. It is up to the cities to determine if the petition for annexation complies with state law.   

Do I have to annex if my neighbor annexes?

No, you are not required to annex into a city simply because your adjacent property owner has annexed into a city.

Can the county require the annexation of my property?

There are rules about eliminating enclaves (see prior FAQ for description of enclaves) that allow for annexation of enclaves if the annexing city and Volusia County enter into an annexation agreement as required by F.S. Section 171.046.  This occurs in limited situations and involves public outreach by the city and Volusia County.  Also, the area affected by the annexation agreement must be considered “developed” lands and cannot exceed 110 acres.

Are there exemptions to the requirements in F.S. Chapter 171 so that voluntary annexations do not have to be contiguous or compact?

Yes, if the annexing city and Volusia County mutually approved an Interlocal Service Boundary Agreement or ISBA, then annexation on properties in the ISBA that are not contiguous may be annexed. The cities of Daytona Beach, Edgewater, New Smyrna Beach, Oak Hill and Ormond Beach have active ISBAs with Volusia County. Here is a link to the ISBAs in Volusia County. Interlocal Service Boundary Agreements (ISBA)

If I have questions on annexations, who do I contact at Volusia County?

It is best to contact the city if you know the city is processing the voluntary annexation.  The city staff is responsible for the review and analysis of the petition. Please contact the Planning and Development Services Division of the Growth and Resource Management to contact a county staff member regarding the procedures followed by the county in reviewing voluntary annexation petitions submitted by the cities. Here is a link to the Planning and Development Services website: Planning and Development Services