On a single-family residential lot in unincorporated Spring Hill / Hernando County, Florida Statute 163.045 prevents the County from requiring a notice, application, approval, permit, fee, or mitigation to prune, trim, or remove a tree if the owner has on-site documentation from an ISA-certified arborist or Florida-licensed landscape architect that the tree poses an unacceptable risk under ISA Best Management Practices — Tree Risk Assessment, Second Edition (2017). Routine ornamental pruning on private residential property is otherwise unregulated by the County, 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 a single-family, detached building on a lot actively used for single-family residential purposes that is either a conforming use or a legally recognized nonconforming use. 'Documentation' means an onsite assessment performed in accordance with ISA Best Management Practices — Tree Risk Assessment, Second Edition (2017), signed by the certified arborist or licensed landscape architect. The Hernando County preemption recognition is published in the County's 'Protected Tree Removal Exemption' guidance. FS 163.045 does NOT preempt Hernando County for: trees in the public right-of-way (Public Works jurisdiction, 352-754-4060); commercial, industrial, or multifamily parcels; or trees within an approved Chapter 10 landscape plan. Routine pruning that does not amount to removal is generally not regulated on private residential lots, but ANSI A300 best practices (no topping, no 'hat-racking') are recommended.
Relying on FS 163.045 without ISA-certified arborist documentation exposes the owner to Code Enforcement action under Chapter 10 Article II for unpermitted tree removal, including mandatory replacement. Pruning or damaging a right-of-way tree without authorization can prompt Public Works mitigation charges. HOA rules in Spring Hill subdivisions (Timber Pines, Wellington, Spring Hill Civic Association, etc.) may still apply within the limits of FS Chapter 720.
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