How Fort Myers Handles Tree Protection: A Practical Guide

Fort Myers maintains 106 local ordinances across all categories, and 4 of those deal specifically with tree protection. Here is a breakdown of what the city actually requires, what is prohibited, and where Fort Myers falls on the strict-to-permissive spectrum compared to other cities.

Tree Removal Permits

Removal of a native-species tree on residential or commercial property is listed by the City of Fort Myers as a permit-required activity under Chapter 138 (Vegetation), Article II (§ 138-46) and Article III (Trees). Applications go through the Building, Permitting & Inspections Division (239-321-7925). Florida Statute 163.045 preempts the City permit on a single-family residential lot when the owner has on-site documentation from an ISA-certified arborist or Florida-licensed landscape architect that the tree is dangerous.

Key details: Permit Trigger: Tree Removal (Native Species) — residential & commercial. Code Chapter: Chapter 138 — Vegetation (Arts. II & III, § 138-46). Permit Office: Building, Permitting & Inspections (239-321-7925). State Exemption: FS 163.045 — single-family + ISA arborist letter. Risk Standard: ISA BMP Tree Risk Assessment, 2nd Ed. (2017).

Unpermitted removal of a native or protected tree outside the FS 163.045 exemption can result in a Code Compliance Notice of Violation, mandatory replacement plantings under Chapter 138 Article II, and Special Magistrate fines under Chapter 2, Article V. Failure to retain the ISA-certified arborist documentation for the statutory exemption period can shift the burden back to the owner.

Heritage & Protected Trees

Fort Myers does not maintain a stand-alone 'heritage tree' registry under Chapter 138, but the City's Chapter 138 (Vegetation) protects specimen/protected native species through Land Development Code review. The Florida Forest Service (FDACS) administers the statewide Florida Champion Tree Program, which records the largest known specimen of each native and naturalized species. Nominations are submitted to FDACS; champion status is a recognition, not an additional removal preemption.

Key details: City Term: 'Specimen tree' / 'Protected tree' (Ch. 138). City Authority: Chapter 138, Articles II & III. State Program: Florida Champion Tree Program (FDACS). Champion Method: ISA point system — trunk + height + 1/4 spread. Champion Status: Recognition only — not a removal preemption.

Removal of a specimen-class tree under Chapter 138 without a permit (and without the FS 163.045 documentation) can result in Code Compliance citation, replacement under Article II, and Special Magistrate fines. Damaging a Florida Champion Tree carries no separate state penalty by itself, but the underlying City protection and any FDEP wetland/mangrove rules still apply.

Tree Ordinances

Fort Myers' tree and landscape code is consolidated in the Land Development Code (Subpart B), Chapter 138 — Vegetation, which contains Article I (General), Article II (Landscaping, including § 138-46 Conflict), and Article III (Trees). Permits and plan review run through the Building, Permitting & Inspections Division. Florida Statute 163.045 preempts City removal permits on single-family residential lots when an ISA-certified arborist documents the tree as dangerous, and mangroves are reserved to FDEP under FS 403.9321-403.9333.

Key details: Primary Chapter: Chapter 138 — Vegetation (Subpart B, Land Development Code). Articles: I General, II Landscaping (§ 138-46), III Trees. Permit Office: Building, Permitting & Inspections (239-321-7925). Code Compliance: 239-321-7940 (1825 Hendry St., Suite 101). State Overlays: FS 163.045 + 373.185 + 403.9321-9333.

Common violations enforced under Chapter 138: (1) removing a native or specimen tree without a permit outside the FS 163.045 exemption — Notice of Violation, mandatory replacement, Special Magistrate fines; (2) failing to install required Chapter 138 Article II landscape buffers — blocks Certificate of Occupancy; (3) installing artificial turf in lieu of required live plant material in landscape buffers — plan-review denial; (4) failing to maintain the 12-inch grass/weed height — City abatement plus lien.

Tree Replacement Requirements

Removal of a protected, specimen, or required-landscape tree under Fort Myers Chapter 138 (Vegetation), Article II (Landscaping, including § 138-46), generally triggers replacement with same-or-compatible native species. Replacement is typically calibrated to the size class of the removed tree, with mitigation enforced through the Building, Permitting & Inspections Division at landscape plan review.

Key details: Authority: Chapter 138 Art. II (Landscaping) + Art. III (Trees). Scaling: By DBH of removed tree (specimen/protected). Preferred Species: Native / Florida-Friendly list. Inspection: Required before Certificate of Occupancy. Mangrove Carve-Out: FDEP — FS 403.9321-403.9333.

Failure to install required replacement trees voids the tree-removal permit and blocks issuance of the Certificate of Occupancy for new construction. Existing owners can be cited by Code Compliance under Chapter 138 with mandatory installation and Special Magistrate fines under Chapter 2, Article V. Replacement trees that die within the City's establishment period can shift replacement liability back to the owner.

The Bottom Line

Fort Myers's tree protection rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Fort Myers is broadly strict or permissive.

All of the above reflects Fort Myers's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.