Orange County, FL Landscaping Rules: Tree Removal & Heritage Trees (2026)
Tree removal permit rules in Orange County, FL, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.
Key Facts
- Residential
- No permit with arborist letter
- State Law
- FL §163.045
- Commercial
- County §24 applies
- Invasives
- Encouraged removal
Summary
Under FL §163.045, Orange County cannot require permits to remove residential trees when a certified arborist documents a danger. Specimen tree replacement may still apply for non-danger removals in some zones.
F.S. 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 documentation from an arborist certified by the ISA or a Florida licensed landscape architect that the tree poses an unacceptable risk 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) 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) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321 - 403.9333 .
Full Breakdown
FL §163.045 (the 2019 tree preemption) allows homeowners to remove any tree on residential property without county permits or replacement requirements when a Florida-licensed arborist (ISA certified) or landscape architect provides written documentation that the tree poses a danger to persons or property. Without such documentation, Orange County Code §24 (Tree Preservation) may require permits for removal of specimen hardwoods over certain diameters in commercial and agricultural zones. Mitigation plantings may be required for specimen trees removed outside residential contexts. Invasive species like Brazilian pepper, melaleuca, and Chinese tallow are exempt from all preservation rules and their removal is encouraged.
Violations & Fines
Unpermitted specimen tree removal in commercial zone: up to $500 per inch of diameter. Invasive species removal: no penalty. False arborist documentation: licensure complaint to FDACS.
Frequently Asked Questions
Do I need a permit to cut down a tree in Orange County?
What are the tree removal rules in Orange County?
Sources & Official References
Other rules in Orange County
Florida rules heatmap·Compare Orange County to another location·View the Florida landscaping rules overview
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