Florida law prohibits local governments from requiring replacement plantings or mitigation when a residential tree is removed under documented danger conditions.
Section 163.045(2), Florida Statutes, expressly states that a local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with the section. This means cities and counties cannot impose mitigation fees, in-lieu payments, or replacement caliper-inch requirements on residential homeowners who remove a documented dangerous tree. Replacement requirements remain valid for non-dangerous tree removals and for non-residential properties.
A local government attempting to enforce replanting after lawful Section 163.045 removal is subject to civil action, with potential attorney-fee shifting and injunctive relief.
Apopka, FL
Modified exhaust, loud stereos, and jake-brake use are prohibited in Apopka. Car stereos audible 25 feet away violate state law, and Apopka Code Chapter 38 b...
Apopka, FL
Apopka quiet hours run 10 PM to 7 AM on weeknights and 11 PM to 8 AM weekends under Apopka Code Chapter 38 (Noise). Unreasonable noise at any hour violates F...
Apopka, FL
Gas and electric leaf blowers are permitted in Apopka between 7 AM and 7 PM daily. There is no decibel cap specific to leaf blowers, and commercial landscape...
Apopka, FL
Apopka generally permits overnight on-street parking in residential zones unless posted otherwise. No citywide overnight ban exists. HOAs frequently prohibit...
Apopka, FL
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Apopka, FL
Apopka tags vehicles as abandoned after 72 hours of inoperable condition on public or private property. Inoperable means flat tires, missing parts, expired t...
Side-by-side rule comparisons with other cities in Orange County.
See how Apopka's tree replacement requirements rules stack up against other locations.
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