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Margate, FL Tree Protection: Heritage & Protected Trees (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Historical tree
Designated by the City Commission
Historical removal
City Commission approval required
Specimen size
18 inches or greater DBH
Specimen exclusions
Fruit trees, most Ficus, multi-trunk palms, poor condition trees
Specimen replacement
Appraised value under the Guide for Plant Appraisal, 10th Edition
Relocation bond
Required for specimen trees, government exempt

Summary

In the City of Margate, a historical tree is one designated by the City Commission, and it cannot be removed without Commission approval. Specimen trees, those with a trunk diameter of 18 inches or more at breast height, carry appraisal-based replacement and bonding rules, and the franchised utility removal exemption excludes historical and specimen trees.

k.Historical tree. A particular tree or group of trees which has historical value because of its unique relationship to the history of the region, state, nation or world as designated by the City Commission. ... y.Specimen. Any tree which has a DBH of eighteen (18) inches or greater, with the exception of a condition rating of sixty (60) per cent or greater in accordance with the condition rating guidelines as specified in the Guide for Plant Appraisal, as amended except for the following:i.Non-native fruit trees that are cultivated or grown for the specific purpose of producing edible fruit, including, but not limited to: mangos, avocados, or citrus. ... iii.All multi-trunk palms.iv.Trees that are in poor condition or form as determined by DEES. ... a.The removal of any historical tree without first obtaining approval from the City Commission to conduct the removal. ... ii.Tree replacement for specimen trees.a.A tree appraisal will be performed by DEES to determine the dollar value of any specimen tree approved by DEES for removal pursuant to subsection 40.704(N)(6)(f)(v) of this section.

Full Breakdown

Section 40.704(N) of the Land Development Code creates two protected tiers. A historical tree is a particular tree or group of trees with historical value because of its unique relationship to the history of the region, state, nation or world, as designated by the City Commission. Under the general prohibitions, no one can remove a historical tree without first getting approval from the City Commission, and the removal of any other tree still needs a DEES permit.

A specimen tree is any tree with a diameter at breast height (DBH) of 18 inches or greater, measured at 4.5 feet above natural grade. The definition excludes non-native fruit trees grown for edible fruit such as mangos, avocados and citrus, most Ficus species, all multi-trunk palms, and trees in poor condition or form as determined by DEES.

Specimen status changes what happens at removal. DEES performs a tree appraisal under the Council of Tree and Landscape Appraisers' Guide for Plant Appraisal, 10th Edition, to set the dollar value of any specimen tree approved for removal. DEES then calculates how many replacement trees equal that appraised value, counting the purchase price of each replacement plus installation costs, and the applicant must supply them.

Relocating a specimen tree requires a bond. It can take the form of a letter of credit, a cash bond issued by an insurance company doing business in Florida, or another means approved by the city attorney's office, sized under the Guide for Plant Appraisal. Government entities are exempt. Bonds on specimen trees are released after construction if DEES finds the trees were not effectively destroyed, and if a relocated tree is effectively destroyed within one year the bond is drawn and deposited in the City of Margate Tree Preservation Fund.

Franchised utilities can remove trees under a limited exemption, but not historical or specimen trees, and they must give DEES and the owner 15 calendar days written notice.

Violations & Fines

Removing a historical tree without Commission approval violates the general prohibitions of the tree article. Section 1-8 sets a general penalty of a fine up to $500 and up to 60 days in jail, each act counting separately. Tree abuse draws $150 per incident or replacement of the abused trees, and Landscaping citations run $25, $75, $150 and then $150 to $500, plus a $5 technology fee.

Frequently Asked Questions

Who decides that a tree is historical in Margate?
The City Commission. The code defines a historical tree as a particular tree or group of trees with historical value because of its unique relationship to the history of the region, state, nation or world, as designated by the City Commission. Removing one requires approval from the Commission itself, not only a DEES permit.
How large is a specimen tree in Margate?
A specimen is any tree with a DBH of 18 inches or greater, measured 4.5 feet above natural grade. Non-native fruit trees such as mangos, avocados and citrus, most Ficus species, all multi-trunk palms and trees in poor condition or form as determined by DEES are excluded from the definition.
What replacement is required for a removed specimen tree?
DEES appraises the tree under the Guide for Plant Appraisal, 10th Edition, to set its dollar value. It then calculates the number of replacement trees needed to equal that value, including the purchase price of the replacements plus installation costs, and the applicant must supply those trees. Standard replacement rules on species and size also apply.
Can a utility company cut down a specimen tree?
The franchised utility exemption excludes historical and specimen trees. For other trees, the utility must give DEES and the property owner written notice at least 15 calendar days before removal and show the tree causes continual disruption of service. The code separately says a specimen palm tree can be removed under that exemption.

Sources & Official References

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