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Tree Protection

Homestead's Tree Protection: The Rules That Matter

By CityRuleLookup Editorial Team

Every city handles tree protection a little differently. In Homestead, Florida, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Heritage & Protected Trees

Any tree in Homestead with a trunk 18 inches or more in diameter at breast height is a protected 'specimen tree.' Removing one requires a permit from the Development Services Department, which must weigh preservation factors before approving removal, and can require doubled replacement or a Tree Trust Fund payment if the tree comes down.

Key details: Specimen tree threshold: 18-inch DBH or greater. Permit authority: Development Services Department. Removal replacement: Doubled vs. standard trees. Alternative to replanting: City of Homestead Tree Trust Fund payment. Improperly issued permits: Void under Sec. 29-60(b).

Removing, relocating, or effectively destroying a specimen tree without a Development Services permit is unlawful under Section 29-60(a), and any permit issued in violation of the article is void under Section 29-60(b). A property owner who removes a specimen tree without authorization faces code enforcement action and still owes the doubled replacement planting, or an equivalent Tree Trust Fund contribution, that a lawful removal permit would have required.

This is not one of those rules that cities tend to ignore. Homestead actively enforces its heritage & protected trees requirements.

Parkway Planting

New Homestead development must plant a drought-tolerant, wind-tolerant canopy tree along each side of every roadway, spaced no more than 35 feet apart on center, taken from the Miami-Dade County Landscape Manual's suggested street-tree list, under the city's landscape ordinance minimum standards.

Key details: Max spacing: 35 ft on center per side of roadway. Min size at planting: 12 ft height, 2 in DBH, 4 ft clear trunk. Maturity requirement: At least 20 ft, medium/high wind tolerance. Palm substitution cap: 30% of required street trees. Near power lines: 8 ft height, 25 ft spacing.

Development Services will not approve a landscape plan, or issue the building or paving permit tied to it, if the street-tree spacing, size, or species selection fails Section 29-6(3)(b)'s standards. A final inspection also requires a notarized 'Preparer's Certification of Landscape Compliance' confirming the required street trees were installed as approved, and noncompliant or since-removed street trees can be cited through the city's code enforcement process.

Protected Tree Species

Mangrove trees anywhere in Homestead, and any tree growing on land that meets Miami-Dade County's definition of wetlands, are carved out of the city's own tree-removal exemptions. Removing, trimming, cutting or altering one instead requires a wetlands permit under Article II of Chapter 24 of the Miami-Dade County Code.

Key details: Applies: Citywide, not only in mapped wetlands. Covered acts: Removing, trimming, cutting, altering mangroves. Permitting authority: Miami-Dade County, Art. II, Ch. 24. Wetland trees: Also routed to county permitting. City role: Refers applicants to Miami-Dade DERM.

Because mangrove and wetland trees fall outside Homestead's own tree-removal permit exemptions, a resident cannot rely on any city exemption to trim, cut, alter or remove one. Doing so without the required Miami-Dade County Article II, Chapter 24 wetlands permit leaves the property owner answerable to county DERM enforcement, and Homestead's Development Services department will direct any such application to the county rather than process it locally.

This is one of the stricter rules in Homestead's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Homestead is tougher than many cities when it comes to tree protection. Out of the 3 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Homestead, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from Homestead's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.