Charlotte County requires tree replacement or mitigation for protected trees removed on development and non-residential sites. Florida Statute 163.045 bars the county from making a homeowner replant a tree lawfully removed from residential property.
On development and non-residential parcels, Charlotte County's land development regulations tie tree removal to mitigation, requiring replacement plantings or payment into a tree fund scaled to the size and species of the tree removed. Residential property is protected the other way: Florida Statute 163.045 provides that a local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with the statute. So a homeowner who removes a documented hazard tree, common after storms like Hurricane Ian, faces no county replant order, while a builder clearing protected trees on a subdivision site still owes mitigation through site-plan review.
Failing to plant or fund required mitigation trees on a development or non-residential site violates county regulations, triggering fines and a hold on further permits. No replant may be forced for a lawful residential removal.
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See how Charlotte County's tree replacement requirements rules stack up against other locations.
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