Florida Statewide Rule
Florida Tree Removal Preemption for Residential Properties
Key Facts
- Authority
- FS 163.045
- Applies to
- Residential property
- Required document
- Arborist unacceptable-risk letter
- Permits required
- None when documented
- Mitigation/replanting
- Cannot be required
Summary
Florida Statute 163.045 prohibits cities and counties from requiring permits, fees, or replanting when a residential homeowner removes a tree documented by a certified arborist or licensed landscape architect as posing a danger.
(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.
Full Breakdown
Enacted in 2019 and narrowed in 2022 by SB 518, 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 poses an unacceptable risk to persons or property, meaning removal is the only way to bring the risk below moderate under ISA assessment standards. The law covers single-family, detached homes actively used as residences. Commercial property and lower-risk 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?
Does this apply to commercial properties or rental homes?
Sources
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