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.
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