Florida Tree Removal & Heritage Trees Law: Statewide Landscaping Rules Rules (2026)

Key Facts

Authority: FS 163.045
Applies to: Residential property
Required document: Arborist danger letter
Permits required: None when documented
Mitigation/replanting: Cannot be required

Full Breakdown

Enacted in 2019 and strengthened in 2022, FS 163.045 preempts every Florida local government from requiring notice, application, approval, permit, fee, mitigation, or replacement for the pruning, trimming, or removal of a tree on residential property if the owner obtains documentation from an ISA-certified arborist or Florida-licensed landscape architect that the tree presents a danger to persons or property. The protection applies to single-family lots and applies even where local heritage tree ordinances would otherwise control. Commercial property and non-dangerous trees remain subject to local rules.

Violations & Penalties

Local governments that demand permits or fees in violation of FS 163.045 face challenges; homeowners with proper documentation cannot be fined.

Frequently Asked Questions

Do I always need an arborist letter to remove a tree in Florida?

No. The arborist letter activates the FS 163.045 preemption. Without it, local tree ordinances still apply and may require permits, fees, or replanting.

Does this apply to commercial properties or rental homes?

FS 163.045 applies only to residential property. Commercial sites, vacant land, and most non-residential uses remain subject to local tree protection ordinances.

Florida Tree Removal Preemption for Residential Properties

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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