On a single-family residential lot, Florida Statute 163.045 prevents the City of Fort Myers from requiring a notice, application, approval, permit, fee, or mitigation to prune, trim, or remove a tree if the owner holds documentation from an ISA-certified arborist or Florida-licensed landscape architect that the tree poses an unacceptable risk under ISA Best Management Practices β Tree Risk Assessment, Second Edition (2017). Routine pruning outside this exemption is unregulated on private property, but ANSI A300 standards are recommended.
FS 163.045 (Tree pruning, trimming, or removal on residential property) states: '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 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.' 'Residential property' is defined as a single-family, detached building on a lot that is actively used for single-family residential purposes. The risk assessment must follow ANSI/ISA Best Management Practices β Tree Risk Assessment, Second Edition (2017). The statute does not preempt the City for non-residential parcels, multifamily/townhome lots, or trees in the City right-of-way β those still fall under Fort Myers Chapter 138 (Vegetation) and Land Development Code review. Routine ornamental pruning on private property without a risk justification is generally unregulated by the City, but the City urges adherence to ANSI A300 standards (no 'hat-racking' or topping) consistent with Tree City USA standards.
Improperly relying on FS 163.045 without ISA-certified documentation can expose the owner to enforcement under Chapter 138 (Vegetation) for unpermitted vegetation removal. Pruning that damages a City right-of-way tree without permit can result in mitigation charges. HOAs may still impose their own pruning rules within the limits of Chapter 720, FS.
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