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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Winter Haven, FL
Most residential wood or chain-link fences in Winter Haven do not require a building permit if they stay within Sec. 21-103 height limits (typically 4 ft fro...
Winter Haven, FL
Winter Haven Minimum Property Maintenance Standards Sec. 704.2 (Ord. O-10-15) requires every dwelling unit to have a listed, approved smoke alarm installed a...
Winter Haven, FL
Backyard recreational fire pits in Winter Haven are governed by the Florida Fire Prevention Code (adopted via Code Chapter 6) and NFPA 1, which require fire ...
Winter Haven, FL
Outdoor burning of yard waste in Winter Haven is regulated by Code Chapter 6 (Fire Prevention and Protection), the Florida Fire Prevention Code, and Florida ...
Winter Haven, FL
Winter Haven Code Chapter 6 (Fire Prevention and Protection) adopts the Florida Fire Prevention Code, which incorporates Florida Statute Chapter 791 regulati...
Winter Haven, FL
Tree removal on private property in Winter Haven is regulated by Chapter 21 ULDC tree-protection provisions and Florida Statute §163.045 which preempts most ...
Side-by-side rule comparisons with other cities in Polk County.
See how Winter Haven'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 If you notice an error or outdated information, let us know.