Living in Florida, you may have questions about whether or not it is allowed to cut down a tree on your residential property. In short, the answer is yes - Florida law allows property owners to remove trees from their land if they wish.
However, you must consider some essential details before undertaking such an activity. Read on to learn more.
Why Are There Regulations on Tree Removal in Florida?
There are tree protection laws in Florida to ensure the conservation and protection of trees and the safety of individuals and property. Effective July 1st, 2023, changes were made to Florida's Tree Removal Statute, requiring that a tree must pose an "unacceptable risk" to persons or property for it to fall within the statutory protections. This means trees can only be removed if they pose a significant danger.
Property owners must secure proper documentation from a licensed landscape architect or certified arborist to indicate that a tree poses a danger. This documentation serves as an onsite assessment performed by the tree risk assessment procedures outlined in Best Management Practices - Tree. The new state law allows property owners to remove or trim trees without government permits as long as they have the appropriate documentation stating that the tree presents a danger.
The new law also grants private tree owners the right to prune, trim, or remove trees without needing local government authorities' notice, approval, application, permit, fee, or mitigation. Additionally, they are not required to replant a tree that has been pruned, trimmed, or removed in accordance with the statute.
These regulations aim to strike a balance between private property rights and the preservation of trees. The health of trees plays a crucial role in determining liability when they cause damage to neighboring properties. It is important for property owners to understand these regulations to ensure compliance and maintain a safe environment.
Do You Need a License for Tree Removal in Florida?
Homeowners in Florida do not typically need a permit requirement to remove trees, including healthy trees, from their property lines.
However, regulations regarding tree removal may vary between counties, cities, or municipalities within the state. Note that certain trees are protected due to their ecological importance or status as invasive species.
Here are some examples:
Category I Invasive Species
The Florida Exotic Pest Plant Council (FLEPPC) maintains a list of Category I invasive plant species that are prohibited in Florida. This includes trees like Australian Pine (Casuarina spp.), Brazilian Pepper (Schinus terebinthifolius), and Melaleuca (Melaleuca quinquenervia).
Native Trees
Certain native tree species may also be protected in some areas to preserve biodiversity and maintain the natural ecosystem. Examples of protected native trees in Florida include Live Oak (Quercus virginiana), Slash Pine (Pinus elliottii), and Cypress (Taxodium spp.).
It is also important to remember that homeowners are still required to work with trained tree service providers to remove trees that pose a threat, even though a tree removal permit is not needed.
What Is the Penalty for Cutting Down Protected Trees in Florida?
While they vary on the specific circumstance and jurisdiction, there are hefty fines for removing trees protected by local regulations in Florida. However, here are some examples of fines related to the removal of protected trees in Florida:
- Tampa tree service firm fined $234,427.50. A tree service company in Tampa was fined this amount for cutting down protected trees without proper authorization.
- Penalty for cutting trees without a permit. The penalty for cutting down trees without a permit in Florida can range from $500 to $10,000, as determined by the court. In some cases, fines larger than $10,000 have been imposed.
- Municipalities enforcement of tree ordinance/fine. According to an Attorney General Opinion, fines imposed by municipalities for violating tree ordinances should not exceed $1,000 per day per violation for a first offense and $5,000 per day per violation for repeat offenses.
- Class D offenses are punishable with fines. In Jacksonville, Florida, Class D offenses related to tree removal can result in fines of up to $500, imprisonment of up to 60 days, or both.
What Makes a Tree Dangerous?
Several indicators can indicate potential safety hazards when evaluating the signs of a dangerous tree.
Here are some common signs to look out for:
- Dead trees. A tree that appears dead, dying, or diseased may pose a hazard, especially if it is located within falling range of property or people.
- Root damage. Signs of tree root damage, such as wilting, undersized leaves, thinning foliage, stunted growth, or exposed roots, could indicate an unstable tree.
- Poor crown form. Trees with an irregular or unbalanced crown structure, including excessive leaning, heavy branch distribution on one side, or significant loss of branches, may be prone to failure.
- Cracked or split bark. Deep, extensive cracks or splits in the bark could indicate structural weakness and potential instability.
- Dead wood. The presence of dead branches or limbs within the tree's canopy, which are brittle and prone to falling, can pose a risk to people or property below.
- Cankers. Areas of missing bark on the trunk (known as cankers) or large open cavities near the base may weaken the tree's structural integrity.
- Weak tree branch attachment. Trees with branches growing too closely together (co-dominant branches) or weak branch attachments can be susceptible to breakage during the hurricane season.
- Soft spots. Soft spots in the trunk or limbs can indicate decay or rot, compromising the tree's stability.
How Much Does It Cost to Remove a Tree in Florida?
The cost of professional tree removal services in Florida can vary depending on various factors, such as the job's size, location, and complexity.
Here are some estimated costs:
- Medium-sized trees (around 30 to 60 feet). The cost to remove a medium-sized tree in Florida can range from $300 to $980. The average price falls around $595 to $700, including tree stump removal.
- Shorter trees (up to 30 feet). Removing shorter trees in Florida may cost closer to $100 to $300.
- Large trees. The cost of removing large trees, such as mature oak trees, can range from $250 to $6,000, depending on the specific circumstances.
You can use a tree removal cost calculator to determine a more accurate pricing.
What if a Homeowner's Tree Branches Extended Into Its Adjacent Property?
When a neighbor's tree branches or fruits from fruit trees extend onto your property, you generally have the right to trim the branches up to the property line. This is known as the "right of self-help" or "self-help doctrine." However, there are some important considerations:
- Right to self-help. Under Florida law, you have the right to trim encroaching branches and roots back to the property line as long as you do not cause unreasonable harm or potential tree damage. Using reasonable care and engaging a professional arborist is recommended to ensure proper trimming techniques are followed.
- Communicate with your neighbor. It is advisable to communicate with your neighbor about the issue before taking any action. Discuss the encroaching branches politely and express your concerns. It may be possible to reach an agreement or work together to resolve the situation amicably.
- Dispute resolution. If you are unable to resolve the issue with your neighbor, you may consider alternative dispute resolution methods such as mediation or arbitration. Consult with a local attorney to understand the options available to you.
- Local regulations. Some municipalities or homeowner associations may have specific rules or ordinances regarding tree trimming or encroaching branches. It is important to check with your local government or consult an attorney to understand any additional regulations that may apply in your area.
The Bottom Line
Homeowners in Florida are not typically required to obtain a permit for tree removal. However, regulations may vary on a county, city, or municipal level, and certain protected species should be considered.
You must understand the local laws and regulations regarding tree removal and the signs of a dangerous tree. A professional arborist can help you assess the condition and risk of a tree.