In unincorporated Spring Hill, Hernando County Code § 10-22 requires a Land Clearing Permit before clearing, and § 10-23 protects Specimen trees (18-inch DBH or greater) and Majestic trees (36-inch DBH or greater). Florida Statute 163.045 preempts the County permit on a single-family residential lot when the owner has on-site documentation from an ISA-certified arborist or Florida-licensed landscape architect — under ISA BMP Tree Risk Assessment (2nd Ed., 2017) — that the tree is dangerous. The County has published a 'Protected Tree Removal Exemption' guide explaining the FS 163.045 process.
Hernando County Code Chapter 10 (Community Appearance), Article II (Landscaping), Section 10-22 makes it unlawful to clear land without a Land Clearing Permit, and requires the permit to be posted on the site before construction commences. Section 10-23 (Tree Preservation) sets the substantive protections: 'Majestic trees shall be preserved,' Specimen trees must be drawn on land clearing plans and preserved during construction, and the County Administrator (or designee) may authorize removal upon finding the tree is (a) an immediate safety hazard, (b) infested with insects or pathogens that may reasonably be expected to lead to its death or spread to other trees, or (c) causing — or reasonably expected to cause — property damage. Definitions: Specimen tree = 18-inch+ DBH; Majestic tree = 36-inch+ DBH; Regulated tree = 3-inch to <18-inch DBH; DBH measured at 4.5 feet above the soil line (multi-trunk diameters summed). State preemption: FS 163.045 prevents the County from requiring a 'notice, application, approval, permit, fee, or mitigation' on a single-family detached residential lot when the owner has on-site written ISA-certified arborist or Florida-licensed landscape architect documentation — prepared under ISA BMP Tree Risk Assessment (2nd Ed., 2017) — that the tree poses a danger. Mangroves are separately preempted to FDEP under FS 403.9321-403.9333. Permits and questions are handled by Hernando County Building Division and Code Enforcement.
Clearing without a § 10-22 Land Clearing Permit is an unlawful act enforced by Code Enforcement with restoration, mandatory replacement under § 10-23, and Code Enforcement Magistrate fines under Chapter 2. Unauthorized removal of a Specimen or Majestic tree outside the FS 163.045 exemption — and without an administrator finding under § 10-23 — can trigger like-for-like mitigation scaled to the DBH of the removed tree. Failure to retain the ISA-certified arborist documentation can shift the burden back to the owner during inspection.
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