Section 163.045 expressly applies regardless of any local heritage, specimen, or champion tree designation, preempting protective ordinances when an arborist documents danger.
Section 163.045, Florida Statutes, was written to override local heritage tree ordinances: no local ordinance, regulation, or comprehensive plan provision may require a permit or fee for removing a tree — including one designated heritage, specimen, grand, or champion — on residential property when qualified documentation is in place. Since the 2022 amendments (SB 518), the documentation must show the tree poses an unacceptable risk, meaning removal is the only way to reduce its risk below moderate under ISA tree risk assessment standards, and the protection covers single-family detached homes actively used as residences.
Municipalities enforcing heritage tree restrictions against owners with valid arborist documentation expose themselves to suit for declaratory and injunctive relief under Section 163.045.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Sarasota County, FL
Backyard composting is allowed and encouraged in Sarasota County. County code prohibits letting grass clippings, vegetative material, or debris wash, sweep, ...
Sarasota County, FL
Sarasota County has no outright ban on residential artificial turf, but it does not count toward required landscape, open-space, or stormwater-pervious area....
Sarasota County, FL
Sarasota County promotes Florida-Friendly, drought-tolerant landscaping and requires water-efficient landscape design for new development. State law also pro...
Sarasota County, FL
Sarasota County encourages rain barrels and cisterns as a conservation practice, and Florida law protects residential rainwater collection. There is no count...
Sarasota County, FL
Sarasota County follows Southwest Florida Water Management District (SWFWMD) rules. The standard year-round schedule allows watering twice per week by addres...
Sarasota County, FL
Sarasota County treats excessive weeds and overgrown vegetation on developed lots as a code nuisance. Enforcement is complaint-based, beginning with a Notice...
See how Sarasota County's heritage & protected trees rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.