Florida's tree removal rule, explained

Florida law gives owners of single-family home lots a way to remove a dangerous tree without local permission. Here is how it works, and what applies when it doesn't.

Florida Statutes 163.045

• Which property: a single-family, detached building on a lot actively used for single-family residential purposes.
• The documentation: an onsite assessment following the ISA's Best Management Practices for Tree Risk Assessment (second edition, 2017), signed by an ISA certified arborist or a Florida licensed landscape architect.
• The test: the tree is an unacceptable risk when removal is the only practical way to bring its risk below moderate.
• The result: the local government can't require a notice, application, approval, permit, fee or mitigation, and can't require replanting.
• The exception: mangroves, which fall under separate state protection.

When the rule doesn't apply

Healthy trees, commercial or vacant land, and clearing a whole lot all fall under local rules. In unincorporated Lee County, the county's vegetation removal guide applies. In Fort Myers, Cape Coral and Estero, ask the city or village.

After the tree is down

• Stump grinding or root removal: request Sunshine 811 marks first.
• Debris: haul it, chip it, or check the burn rules.