Palm Beach Gardens, FL Tree Protection: Protected Tree Species (2026)

Chapter 78's natural resources division protects "listed species," meaning any plant or animal designated endangered, threatened, or of special concern by the U.S. Fish and Wildlife Service, the Florida Department of Environmental Protection, the Florida Fish and Wildlife Conservation Commission, or several other named federal and state bodies, under the definition in section 78-751. Section 78-243 sets the consequences for destroying one. If a violation of the natural resources division, or a city council order, causes irreparable environmental harm that fines alone cannot fix, the council may order replacement of the destroyed listed species.

Non-tree species must be replaced on a three-to-one basis; a destroyed listed tree, including a palm tree, must be replaced at a minimum of three times its caliper or diameter at breast height. If in-kind replacement cannot be done, the violator owes the city cash equal to the species' value, calculated by averaging two wholesale-price estimates from vendors the city finds acceptable. Beyond replacement, section 78-243(c) lets the building official issue an order enjoining or terminating work anywhere destruction of a protected plant, animal, or land occurs, whether that happens before or after a building permit is issued; the order stands until the city manager or a court lifts it.

The building official must report the supporting facts to the city manager within ten days, and the city manager must resolve the matter within 25 days, then notify the offender in writing. Section 78-244 layers on further penalties under city code section 1-18, and every dollar collected through mitigation or fines is restricted to native-community restoration and buying environmentally significant land.