Florida Tree Removal Law for Homeowners

When Florida Law Limits Local Tree Permit Requirements

Florida Statute 163.045 was enacted in 2019 and substantially amended in 2022 to establish specific documentation and tree-risk requirements. It gives qualified residential property owners a path for addressing pruning, trimming, or removal of trees posing an unacceptable risk. When the statutory requirements are met, a local government may not require notice, application, approval, permit, fee, or mitigation for a removed or pruned tree that has been documented as posing an unacceptable risk to persons or property.

According to the statute, the property owner must possess documentation from an arborist certified by the ISA or Florida licensed landscape architect, that the tree poses an unacceptable risk. But it doesn't stop there, and goes on to define what an unacceptable risk is. A tree poses an unacceptable risk if removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in Best Management Practices - Tree Risk Assessment, Second Edition (2017).

The Statute: Text and Commentary

Section 1(a) - Definition of Documentation

"Documentation means an onsite assessment performed in accordance with the tree risk assessment procedures outlined in Best Management Practices - Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture (ISA) or a Florida licensed landscape architect and signed by the certified arborist or licensed landscape architect."

Documentation is not an informal opinion, a general assessment, or a verbal statement. It requires an onsite evaluation by a credentialed professional following the named methodology and signed by that professional.

Section 1(b) - Definition of Residential Property

"Residential property means a single-family, detached building located on a lot that is actively used for single-family residential purposes and that is either a conforming use or a legally recognized nonconforming use in accordance with the local jurisdiction's applicable land development regulations."

This definition focuses on actual use, not zoning category alone. Single-family detached homes actively used as residences qualify, whether conforming or legally recognized nonconforming uses. Commercial property, multi-family housing, and properties not actively used for single-family residential purposes do not qualify.

Section 2 - The Core Protection

"A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on a residential property if the property owner possesses documentation from an arborist certified by the ISA or a Florida licensed landscape architect that the tree poses an unacceptable risk to persons or property. A tree poses an unacceptable risk if removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in Best Management Practices - Tree Risk Assessment, Second Edition (2017)."

When qualifying residential property owners possess proper documentation showing unacceptable risk, local governments cannot require: notice, application, approval, permit, fee, or mitigation.

The standard is specific: trees must present risk levels reducible below moderate only through removal, determined using ISA's formal methodology evaluating likelihood of failure, likelihood of impact, and consequences of failure.

What These Local Requirements Commonly Mean

The statute does not separately define these terms. In local tree ordinances, they commonly refer to processes such as the following.

Notice: A requirement to notify local authorities before pruning or removing a tree, often with waiting periods.

Application: A formal request for permission to prune or remove a tree.

Approval: Authorization from local authorities before pruning or removing a tree.

Permit: A formal authorization document issued after meeting all local ordinance requirements.

Fee: A charge associated with application, permit, review or other regulated processes.

Mitigation: Requirements associated with replacing removed trees or compensating for tree loss.

Section 3 - No Replanting Requirement

"A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section."

When removal qualifies under the statute, local governments cannot require replacement planting or mitigation fees. This responds to ordinances requiring replacement trees or fees regardless of site conditions or property owner circumstances.

Section 163.045 is not a blanket exemption from all tree-related regulation requirements. Its protections apply specifically when the residential property, documentation, and unacceptable risk requirements are satisfied.

Section 4 - Mangrove Exception

"This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321-403.9333."

Section 163.045 does not override Florida's separate regulatory framework for mangroves. Mangrove trimming and alteration remain governed by the Mangrove Trimming and Preservation Act, including its applicable exemptions and permitting requirements.

How ArborManagers Can Help

Navigating statute protections is not always straightforward. Local government interpretations vary, property circumstances differ, and qualification lines are not always obvious without professional evaluation.

ArborManagers Tree Risk Assessment reports can document whether the assessed tree meets the tree risk criteria established by Florida Statute 163.045. All documentation is prepared by an ISA Certified Arborist following tree risk assessment procedures outlined in ISA Best Management Practices - Tree Risk Assessment, Second Edition (2017), the specific methodology named in the Florida statute.

Documentation is prepared in accordance with the tree risk assessment procedures identified in the statute and records the assessment of likelihood of failure, likelihood of impact, consequences of failure, and the resulting risk determination.

When ArborManagers provides documentation to property owners, it is a signed professional report prepared by an ISA Certified Arborist and documenting the assessment methodology, observations, risk determination, and conclusions.

Call us today at 352-414-2454 to discuss whether your situation may qualify under Florida Statute 163.045.