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.
Winter Park, FL
Winter Park requires property owners to maintain lots free of accumulated brush, dead vegetation, and combustible debris. Overgrown lots posing fire hazards ...
Winter Park, FL
Consumer fireworks are banned in Winter Park except on the three state-preempted holidays under FL Statute 791.08: July 4, December 31, and January 1. Sparkl...
Winter Park, FL
Open burning of yard waste is generally prohibited in Winter Park. Yard debris must be placed at curbside for municipal collection. Authorization from the Fl...
Winter Park, FL
Tree removal in Winter Park requires a permit for most trees 4 inches DBH or larger. Even with FL 163.045 preemption for dangerous trees, the city requires a...
Winter Park, FL
Winter Park property maintenance code requires lots to be kept free of noxious weeds, invasive species, and excessive ground cover. Brazilian pepper, air pot...
Winter Park, FL
Winter Park is within the St. Johns River Water Management District (SJRWMD). Year-round landscape irrigation is limited to two days per week based on addres...
Side-by-side rule comparisons with other cities in Orange County.
See how Winter Park's tree replacement requirements rules stack up against other locations.
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