Osceola County, FL Landscaping Rules: Tree Trimming (2026)
Key Facts
- Governing law
- Fla. Stat. § 163.045
- What it bars
- local permit, fee, notice or mitigation requirement
- Who qualifies
- single-family detached residential lots only
- Required proof
- ISA-certified arborist or FL-licensed landscape architect report
- Risk standard
- unacceptable risk per ISA Tree Risk Assessment BMP (2017)
- Replanting
- county cannot compel it (subsection 3)
- Carve-out
- mangrove protection under FS 403.9321-403.9333
Summary
Florida law strips Osceola County's authority to require a notice, permit, fee or replanting for pruning, trimming or removing a tree on single-family residential property once the owner has documentation from an ISA-certified arborist or licensed landscape architect that the tree is an unacceptable risk. Fla. Stat. § 163.045 sets the standard and its one narrow exception.
(1)(b) "Residential property" means a single-family, detached building located on a lot that is actively used for single-family residential purposes ... (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 ... (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
045 of the Florida Statutes, adopted in 2019 and amended in 2022, overrides any Osceola County ordinance, including provisions of the county's separate Land Development Code, that would otherwise require a homeowner to get a permit, pay a fee, submit an application, or replant before trimming or removing a hazardous tree on a single-family residential lot. The statute defines 'residential property' narrowly as a single-family, detached building on a lot actively used for single-family residential purposes, whether a conforming or a legally recognized nonconforming use.
The exemption isn't automatic: the owner needs 'documentation,' meaning an onsite risk assessment performed and signed by an International Society of Arboriculture-certified arborist or a Florida-licensed landscape architect, following the tree risk assessment procedures in the ISA's Best Management Practices - Tree Risk Assessment, Second Edition (2017). The assessment has to conclude the tree poses an 'unacceptable risk,' meaning removal is the only practical way to bring the risk below moderate. With that documentation in hand, subsection (2) bars the county from requiring any notice, application, approval, permit, fee or mitigation, and subsection (3) bars the county from forcing the owner to replant.
9333, which has nothing to do with ordinary residential shade trees. For Osceola County residents, this means the county's own tree-permit process, wherever it lives in the Land Development Code, cannot be enforced against a documented hazard tree on a single-family lot.
Violations & Fines
Section 163.045 doesn't create a penalty against homeowners; it removes the county's power to penalize or permit-gate a properly documented hazard-tree removal. Trimming or removing a tree without qualifying arborist or landscape-architect documentation, or on property that isn't single-family residential, falls back to whatever tree-removal permitting the county's Land Development Code otherwise requires, with its own code-enforcement fines for noncompliance.
Frequently Asked Questions
Can Osceola County make me get a permit to trim a hazardous tree in my yard?
Does this preemption cover my rental duplex or an office building?
If I remove a hazard tree under this law, does Osceola County make me plant a new one?
Does § 163.045 apply to mangroves on my waterfront lot?
Sources & Official References
Other rules in Osceola County
Florida rules heatmap·Compare Osceola County to another location·View the Florida landscaping rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.