Florida law prohibits local governments from requiring permits or replacement trees for the removal of dangerous trees on residential property when supported by a qualified arborist's documentation.
Section 163.045, Florida Statutes, provides that a local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains documentation from an ISA-certified arborist or licensed Florida landscape architect that the tree presents a danger to persons or property. The statute also prohibits requiring replanting a tree that was removed under this section. The preemption applies regardless of whether the tree is a heritage or specimen tree.
Local governments that enforce removal permit requirements in violation of Section 163.045 may be subject to declaratory judgment, injunction, and attorney-fee awards under the statute.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Winter Park, FL
Winter Park requires property owners to maintain lots free of accumulated brush, dead vegetation, and combustible debris. Overgrown lots posing fire hazards ...
Winter Park, FL
Consumer fireworks are banned in Winter Park except on the three state-preempted holidays under FL Statute 791.08: July 4, December 31, and January 1. Sparkl...
Winter Park, FL
Open burning of yard waste is generally prohibited in Winter Park. Yard debris must be placed at curbside for municipal collection. Authorization from the Fl...
Winter Park, FL
Tree removal in Winter Park requires a permit for most trees 4 inches DBH or larger. Even with FL 163.045 preemption for dangerous trees, the city requires a...
Winter Park, FL
Winter Park property maintenance code requires lots to be kept free of noxious weeds, invasive species, and excessive ground cover. Brazilian pepper, air pot...
Winter Park, FL
Winter Park is within the St. Johns River Water Management District (SJRWMD). Year-round landscape irrigation is limited to two days per week based on addres...
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