General Disclaimer:
While the City attempts to keep its Web information accurate and timely, the City neither warrants nor makes representations as to the functionality or condition of this Web site, its suitability for use, freedom from interruptions or from computer virus, or non-infringement of proprietary rights. Web materials have been compiled from a variety of sources and are subject to change without notice from the City as a result of updates and corrections.
All trademarks and service marks contained in or displayed on this website are the property of their respective owners. Any commercial use of the materials stored on this Web site is strictly prohibited without the prior written permission of the City.
The City is neither responsible nor liable for any viruses or other contamination of your system nor for any delays, inaccuracies, errors or omissions arising out of your use of the site or with respect to the material contained on the site, including without limitation, any material posted on the site. This Web site and all materials contained in it are distributed and transmitted "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The City is not responsible for any special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, this Web site and/or the materials contained on this Web site whether the materials are provided by the City or a third party.
In addition to the preceding terms and conditions the City, its officers, employees, agents or representatives shall not be liable for any damages of any kind arising from your use of the online payment service. Nothing contained in this Web site constitutes or is intended to constitute legal advice by the City or any of its agencies, officers, employees, agents, or representatives.
External Links
This Web site may contain links to other sites on the Internet, which are provided for the convenience of the user. The City is not responsible for and makes no representation about the content or material available on such other sites. Links are not intended to imply sponsorship, affiliation or endorsement by the City.
Privacy Policy
While the City does not sell any information
collected and provided through this Web site, such information may be subject
to disclosure as required by any federal, state or local laws, rules or
regulations, including, but not limited to, section 119.07(1), Florida Statutes
and section 24(a), Art. I of the Florida Constitution.
Communications via Web
Site
Communications made through e-mail
and messaging systems shall in no way be deemed to constitute legal notice to
the City or any of its agencies, officers, employees, agents, or
representatives, with respect to any existing or potential claim or cause of
action against the City or any of its agencies, officers, employees, agents, or
representatives, where notice to the City is required by any federal, state or
local laws, rules or regulations.
__________________________________________________________
Pursuant Sec. 27-262(h) Exemptions:
in accordance with State law, a permit shall not be required for the removal of
a tree on residential property if and only if the property owner obtains
documentation from an arborist certified by the International Society of
Arboriculture or a Florida-licensed landscape architect that the tree presents
a danger to persons or property (hereinafter “Appropriate Documentation”) and
shall be exempt from replacement trees in accordance with this chapter.
Please be advised:
1. No Tree Removal or Tree Trimming Permit is required for the pruning, trimming, or removal of a tree on residential property the property owner obtains the Appropriate Documentation that the tree presents a danger to persons or property consistent with Florida Statute section 163.045.
2. A property owner cited for Tree Removal or Tree Trimming without permit will need to provide the Appropriate Documentation to validate the Tree Removal and(or) Tree Trimming activity under Statute 163.045. If a property owner does not have the Appropriate Documentation, then the property owner must apply for a Tree Removal Permit and mitigate according to City Code.
3. Following removal of a tree on residential property pursuant to 163.045, if the property is not compliant with the Approved Landscape Plan for that property pursuant Sec. 27-255 or Sec. 27-257, upon the Code Enforcement Inspection, the City may initiate code enforcement proceedings against the property owner for non-compliance with the Approved Landscape Plan.
4. Following removal of a tree on residential property pursuant to 163.045, if the property is not compliant with the minimum lot requirements for the number of trees pursuant Sec. 27-257(a)(b) as well as Sec. 27-254(a)(b), upon the Code Enforcement Inspection, the City may initiate code enforcement proceedings against the property owner for non-compliance with the minimum lot requirements.
5. A Site Plan Modification shall be required for large residential developments with significant loss of tree canopy where the property owner believes that they cannot feasibly adhere to the Master Landscape Plan pursuant Sec. 27-254(a)(11) under current site specific circumstances.
Florida Statute 163.045
163.045 Tree pruning, trimming, or removal on residential
property.— (1) For purposes of this section, the term: (a) “Documentation”
means an onsite assessment performed in accordance with the tree risk
assessment procedures outlined in Best Management Practices - Tree Risk
Assessment, Second Edition (2017) by an arborist certified by the International
Society of Arboriculture (ISA) or a Florida licensed landscape architect and
signed by the certified arborist or licensed landscape architect. (b) “Residential
property” means a single-family, detached building located on a lot that is
actively used for single-family residential purposes and that is either a
conforming use or a legally recognized nonconforming use in accordance with the
local jurisdiction’s applicable land development regulations. (2) A local
government may not require a notice, application, approval, permit, fee, or
mitigation for the pruning, trimming, or removal of a tree on a residential
property if the property owner possesses obtains documentation from an arborist
certified by the ISA International Society of Arboriculture or a Florida
licensed landscape architect that the tree poses an unacceptable risk presents
a danger to persons or property. A tree poses an unacceptable risk if removal
is the only means of practically mitigating its risk below moderate, as
determined by the tree risk assessment procedures outlined in Best Management
Practices - Tree Risk Assessment, Second Edition (2017). (3)(2) A local
government may not require a property owner to replant a tree that was pruned,
trimmed, or removed in accordance with this section. (4)(3) This section does
not apply to the exercise of specifically delegated authority for mangrove
protection pursuant to ss. 403.9321-403.9333. Section 2. This act shall take
effect July 1, 2022. 1 CODING: Words stricken are deletions; words underlined
are additions. Approved by the Governor May 18, 2022. Filed in Office Secretary
of State May 18, 2022.