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.
Hillsborough County, FL
Hillsborough County Animal Control Ordinance treats continuous barking over 10 minutes, or intermittent barking over 30 minutes, as a public nuisance enforce...
Hillsborough County, FL
Construction noise in unincorporated Hillsborough County is restricted to 7 AM through 7 PM Monday to Saturday, with no Sunday or legal holiday work except f...
Hillsborough County, FL
Hillsborough County has no leaf-blower-specific ordinance. Gas blowers are allowed during construction/landscape hours (7 AM to 7 PM) and must not exceed gen...
Hillsborough County, FL
In unincorporated Hillsborough County, retaining walls are regulated under Land Development Code Part 6.07.00 (Fences and Walls) for setback and dimensional ...
Hillsborough County, FL
Corner lots in Hillsborough County must maintain a sight visibility triangle: no fence, wall, or landscaping over 30 inches within 25 feet of the intersectin...
Hillsborough County, FL
Florida has no shared-cost fence law. FL §823.11 prohibits spite fences erected maliciously. Each owner is responsible for their own fence in Hillsborough Co...
Side-by-side rule comparisons with other cities in Hillsborough County.
See how Brandon's tree replacement requirements rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.