Tree removal permits in Winter Haven follow Chapter 21 ULDC procedures, but Florida Statute §163.045 (2019, amended 2022) preempts permit and mitigation requirements when a Florida-licensed arborist documents a tree as dangerous, even on residential property.
FS §163.045 provides three protections that override most local tree-permit rules: (1) no city may require a permit, application, notice, or fee for removal of a dangerous tree on residential property; (2) the documentation - a written assessment by an ISA-certified arborist or Florida-registered landscape architect stating the tree presents an unacceptable risk - must be presented if requested; and (3) no mitigation, replanting, or replacement fee may be required. For non-dangerous tree removal on residential property, Chapter 21 of the Winter Haven Code applies (Planning Division 863-291-5600). Tree work on commercial sites, in protected districts, or during platted-development construction continues to follow Chapter 21 landscape and tree standards.
Removing a non-dangerous tree without complying with Ch. 21 (where applicable) is a code violation; mitigation/replacement may be ordered. Removing a tree in city right-of-way without permit is a separate violation prosecuted through Code Compliance with daily fines up to $250.
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