Removal of a native-species tree on residential or commercial property is listed by the City of Fort Myers as a permit-required activity under Chapter 138 (Vegetation), Article II (§ 138-46) and Article III (Trees). Applications go through the Building, Permitting & Inspections Division (239-321-7925). Florida Statute 163.045 preempts the City permit on a single-family residential lot when the owner has on-site documentation from an ISA-certified arborist or Florida-licensed landscape architect that the tree is dangerous.
Per the City's 'Do I Need Permits?' page, 'Tree Removal (Native Species)' is enumerated as a permitted activity for both residential and commercial properties. Substantive rules are in Chapter 138 (Vegetation), specifically Article II (Landscaping, including § 138-46 Conflict) and Article III (Trees). Permits are issued by Building, Permitting & Inspections at 1825 Hendry St. (239-321-7925; permits@fortmyers.gov). FS 163.045 expressly preempts the City permit when: (a) the property is a single-family, detached residence actively used as such; AND (b) the owner has on-site written documentation from an ISA-certified arborist or Florida-licensed landscape architect; AND (c) the assessment follows ANSI/ISA BMP — Tree Risk Assessment, Second Edition (2017); AND (d) the tree is documented to pose a danger to persons or property. The exemption does not extend to multifamily, commercial, ROW trees, or trees that were part of an approved development landscape plan. Mangroves are separately regulated by FDEP under FS 403.9321-403.9333.
Unpermitted removal of a native or protected tree outside the FS 163.045 exemption can result in a Code Compliance Notice of Violation, mandatory replacement plantings under Chapter 138 Article II, and Special Magistrate fines under Chapter 2, Article V. Failure to retain the ISA-certified arborist documentation for the statutory exemption period can shift the burden back to the owner.
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