Here you will find educational and procedural articles related to trees and the Town. Check back often for updates!
Information on Treebute and Arbor Day
Strategic Plan
Update to tree removal permit process
In July 2019, Florida Statute 163.045 came into effect. This statute deals with tree removal and reads:
Added by 2019 Fla. Laws, ch. 155,s 1, eff. 7/1/2019.This section is set out more than once due to postponed, multiple, or conflicting amendments.
On July 1, 2022, updates to this statute go into effect, specifically, defining “documentation” and “residential property:”
Section 163.045 – [Effective 7/1/2022]
Tree pruning, trimming, or removal on residential property
(1) For purposes of this section, the term:
(a) “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.
(b) “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.
(2) 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).
(3) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.
(4) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321-403.9333.
Fla. Stat. § 163.045
Amended by 2022 Fla. Laws, ch. 121,s 1, eff. 7/1/2022.Added by 2019 Fla. Laws, ch. 155,s 1, eff. 7/1/2019.This section is set out more than once due to postponed, multiple, or conflicting amendments.
If you have further questions about this statute or the tree removal process, please contact Public Works Director, Tonya Elliott-Moore 407-876-2563 ext 5325.
Conversation with Orange County Regarding Tree Removal along W 2nd Ave
Q. What protections exist in OC (and FL) to protect oak trees and other hardwoods?
A. Chapter 15, and in various Articles (VI, VII, IX, X, and XV) address the protection of shorelines and wetlands. These can be found here.
There are also policies within the Conservation Element that call out hardwood trees for protection. Oak trees as well as other hardwood trees are listed in the recommended stock list in Section 15-283(a). Live Oak and Magnolia trees that are 24-inches DBH or greater are specimen trees require double the mitigation compared to other trees. Conservation Element Policy CON1.12.1 states “Orange County shall augment its protection of vegetated resources in urban areas, including but not limited to the tree protection ordinance. This action would ensure that high quality trees would receive greater protection in the development review process, require preservation of valuable tree species, prohibit indiscriminate clearing, require replacement and maintenance measures, and establish ratios for replacement if removal is unavoidable.” This comprehensive plan policy is codified by the Arbor Code in Section 15-276(b). Section 15-278 stipulates that it shall be unlawful for any person to, or cause to, destroy, permanently injure or remove any protected tree without first obtaining a tree removal permit or other removal authorization or otherwise show that the tree qualifies for an exception in Section 15-279, which list the exceptions and exemptions. If a healthy/viable tree is removed through a tree removal permit, the corresponding number of inches removed must be replaced or mitigated in accordance with Section 15-283(d). Mitigation may be through replanting, payment into the tree fund or a combination of replanting and payment. If a healthy/viable tree is removed without a permit and such removal is not an exception or exemption, a restoration plan (including erosion control) is required for approval by the Zoning Manager, and mitigation is required at twice the normal replacement ratio.
Q. What is a homeowner allowed to remove? When do they need a permit? Under the exceptions in Section 15-279(9), the removal of trees on single-family residential lots which are two (2) acres or less in size and which are occupied are not required to obtain a tree removal permit.
A. See Residential Permits – A Pocket Guide, which outlines the permitting requirements for shorelines.
Q. Is the homeowner allowed to trim cypress in the water or within the high water mark?
A. See Residential Permits – A Pocket Guide, which outlines the permitting requirements for shorelines.
• Trees greater than 10 feet in height may be pruned or “limbed up” by removing up to 25 percent of the canopy material utilizing American National Standard Institute (ANSI) for tree pruning and trimming operations (ANSI A300). The American National Standard for tree pruning is ANSI A300. This pruning standard should be followed where possible in all pruning situations to remain consistent with industry standards, or by IFAS.
• Snags or fallen native tree species shall remain in place unless they are a potential hazard to persons or structures. If maintenance of a snag is necessary, at least 10 feet of the snag should be left standing to create habitat for wildlife (woodpeckers, insects, etc.) and in most cases, the associated debris shall be left in the conservation area.
• Generally, cypress knees may not be removed, cut, or shaved, unless they pose a potential problem for an existing structure (e.g., cracking a foundation, displacement of a/c units, etc.).
Q. How does a concerned citizen know if cypress trees are likely, or possibly, within the high water mark?
A. Concerns should be reported to EPDComplaints@ocfl.net and EPD staff will conduct an inspection. Citizens can also call 311 and report concerns. See the Orange County Mobile Apps Handbill with Links that identifies mobile apps (E-Alerts and E-Newsletters) that provide additional ways to stay up to date. Residents that would like more information on their personal property regarding high water marks and/or wetlands should contact: wetlandpermitting@ocfl.net.
Q. What should a citizen do when they see lakeside cypress being severely trimmed/stripped?
A. Concerns should be reported to EPDComplaints@ocfl.net and EPD staff will conduct an inspection. Citizens can also call 311 and report concerns. See the Orange County Mobile Apps Handbill with Links that identifies mobile apps (E-Alerts and E-Newsletters) that provide additional ways to stay up to date.
Q. How does OC EPD respond quickly enough to stop removal or severe trimming/stripping before the tree is removed or damaged beyond the ability to thrive?
A. Concerns should be reported to EPDComplaints@ocfl.net and EPD staff will conduct an inspection. Citizens can also call 311 and report concerns. Based on current staffing, other regulatory commitments, EPD has a 3-day response time to respond to complaints.
Q. Please address lack of any week-end response.
A. EPD currently does not have the ability to conduct weekend responses. Concerns should be reported to EPDComplaints@ocfl.net and EPD staff will conduct an inspection. Citizens can also call 311 and report concerns. Residents may always contact FDEP through the State Watch Office (SWO) on the weekends and afterhours. SWO number: 1-800-320-0519.
Q. What happens when a homeowner is cited and told to cease, yet they continue to remove/strip cypress?
A. EPD has a robust enforcement program that we use to bring properties into compliance. EPD uses compliance assistance techniques as well as formal enforcement. Measures include: Warning Letters, Notices of Non-Compliance, Notice of Violation, Consent Agreements, Site Inspection Warrants, Special Magistrate Hearings, etc.
Q. Do you recognize “repeat offenders” in individuals, builders, and/or contractors? If so, how does EPD deal with this?
A. We use a penalty matrix that takes into account a history of non-compliance. A base penalty can increase based on the history of non-compliance and how recent it occurred.
Q. What is EPD doing to educate the public?
A. EPD has prepared and disseminates the Residential Permits – A Pocket Guide. EPD has also prepared a Lakefront Homeowners Handbook that has been mailed out to more than 6,500 lakefront property owners.
Q. What is EPD doing to educate developers/builders/contractors?
A. EPD has prepared and disseminates the Residential Permits – A Pocket Guide. EPD has also prepared a Lakefront Homeowners Handbook that has been mailed out to more than 6,500 lakefront property owners.
Q. If an individual or company accepts fines as a cost of doing business, is there any other repercussion or remedy to protect old growth mature trees?
A. EPD uses a penalty matrix that evaluates each offense based on the extent of harm to the environment and extent of deviation from the regulations. EPD has a robust enforcement program that we use to bring properties into compliance. The property owner is responsible for ensuring that their property is in compliance and how they deal with their contractors is a private matter.
