Trees provide innumerable benefits to our community. I have written about their beauty, their ecosystem services, and their care on several occasions. I am a lover of all things tree, constantly fascinated by their growth and structure, the ways we insert them into our histories and mythologies, the simple beauty of leaves wavering in a slight breeze.

As the Residential Horticulture Agent and a certified arborist, I field many inquiries regarding tree care, planting, pruning etc. but one of the most common questions that I receive now is what the requirements are surrounding tree removal in neighborhoods. Every time I must answer that question, my heart breaks a little to think of the missed opportunities for that person, the birds they won’t see, the shade they won’t enjoy, no children climbing in branches. But answer I must.

In 2019, the state of Florida passed a new law, Florida Statute 163.045, which sets certain parameters for homeowners to remove trees without permits or permission from their local government. After much quibbling over the use of the term ‘dangerous’, the law was amended in 2022 with updated definitions and clarifications.

The Florida Chapter of the International Society of Arboriculture has created a tool to help individuals navigate the tricky territory of the new tree law. You will likely need to conduct a bit of homework prior to answering the questions in this decision matrix which walks individuals through some of the following questions:

• Is the tree located in a municipality or county with existing tree protections or permitting requirements?
• Is the tree on single family residential property?
• What is the concern with the tree?
  • Risk of failure
  • Tripping risk
  • Infrastructure conflict
  • Visual obstruction

    

As you work your way through the matrix you will see that only certain trees which meet a specific set of risk criteria would qualify for removal without a permit. If you determine that your tree might meet these criteria, you should contact a certified arborist with Tree Risk Assessment Qualification to assess your tree and provide you with a written report.

Some trees may have additional considerations, if they were counted as a required ‘street tree’ you may need to replace with an acceptable species of a certain diameter or you may be prohibited from removing. You should always contact your HOA/COA Board or management company as well as a representative of the local municipality to determine legality when dealing with a potential ‘street tree’.

Before you remove any tree, please consider the multitude of direct and indirect benefits that you are likely to lose. See my other articles on trees below for more information about the benefits and care of trees.

Links:

Decision Matrix- https://www.fltreelaw.org/

Find a TRAQ Arborist- https://www.treesaregood.org/findanarborist/findanarborist

The Gift of Trees- https://blogs.ifas.ufl.edu/manateeco/2021/12/29/the-gift-of-trees/

From Soil to Sky: Roots- https://blogs.ifas.ufl.edu/manateeco/2022/08/15/from-soil-to-sky-roots/

From Soil to Sky: Leaves and Branches- https://blogs.ifas.ufl.edu/manateeco/2022/08/29/from-soil-to-sky-leaves-and-branches/

From Soil to Sky: Flowers and Fruits- https://blogs.ifas.ufl.edu/manateeco/2022/09/05/from-soil-to-sky-flowers-and-fruits/

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