A Complete Guide for Homeowners & Property Owners
Removing a tree from your property in Florida might sound simple: grab a saw, call a crew, and clear the space. But in reality, Florida’s tree-removal laws can get surprisingly complex. Between state statutes, local ordinances, and environmental protections, what looks like a quick weekend project could easily turn into a fine or compliance issue if you don’t know the rules.
Whether you’re a homeowner trying to clear space for a pool or a commercial property owner managing landscaping around your business, understanding when you need a permit and when you don’t is essential. Let’s break it down in plain language so you can make informed decisions and stay on the right side of Florida law.
Understanding Florida’s Tree-Removal Laws
Florida Statute 163.045 — The Core Rule
In 2019, Florida passed a law that gave property owners new rights to remove “dangerous” trees without local government interference. This law, Florida Statute 163.045, states that if a licensed arborist or landscape architect certifies that a tree poses a danger to people or property, the property owner can remove it without a permit and the city or county cannot charge fees or require replacement.
In 2022, lawmakers amended the statute to clarify that it mainly applies to residential property, not every type of land. That means single-family homeowners now have more flexibility, while commercial properties and HOAs still need to navigate local ordinances.
So, if you’re removing a tree in your backyard and an arborist documents that it’s dangerous, you likely don’t need a permit. But if you’re removing trees from a commercial parking lot or development project, local rules still apply.
When Local Rules Still Matter
Even though state law provides broad rights, Florida’s cities and counties can still regulate tree removal in certain situations. For example, in Miami-Dade, Orange, and Hillsborough counties, local ordinances protect heritage or specimen trees. These are usually large or historic species that contribute to community character or environmental stability.
Commercial property owners, developers, or HOAs should always check local building departments before cutting anything down. Local rules often require:
- Submitting a tree survey or site plan
- Paying small administrative fees
- Replacing removed trees or paying into a replanting fund
While these rules might seem like extra red tape, they help maintain Florida’s tree canopy and protect native species especially important in hurricane-prone regions.
When a Permit Is Required
1. Commercial and Multi-Family Properties
If you’re running a business, managing a complex, or planning a new build, you’ll almost always need a permit before removing a tree. Commercial projects often fall outside the state’s residential exemptions. Counties like Orange and Broward require you to submit a Tree Removal Permit Application before starting work.
You’ll need to include:
- Property site map
- Tree locations and diameters
- Justification for removal (e.g., construction, disease, storm damage)
Once approved, the city might also require planting replacement trees or maintaining a minimum landscape coverage percentage.
2. Trees in Conservation or Wetland Areas
If your property borders a protected wetland, mangrove stand, or conservation zone, permits are non-negotiable. Florida’s Department of Environmental Protection (DEP) and Water Management Districts oversee these regions. Removing or trimming trees in wetlands can trigger federal and state violations if not permitted properly.
Even small property owners near lakes or canals should double-check. Mangroves, for example, are protected by state law cutting them without permission can lead to steep fines.
3. Public or Street Trees
Trees planted along sidewalks, medians, or near utility lines usually fall under local jurisdiction. Removing these without a municipal permit can result in fines and replacement costs. Always confirm ownership before trimming or removing trees close to public areas.
For instance, the City of Orlando’s Public Works Department issues Right-of-Way Tree Work Permits for any removal or trimming of city-owned trees.
4. Heritage and Specimen Trees
“Specimen trees” or “heritage trees” are large, long-standing trees that have historical or environmental importance. Local ordinances typically define them by trunk diameter and species. Removing one without a permit even on private property can result in penalties.
For example, in Tampa, removing a heritage oak without city approval can cost homeowners thousands of dollars. Before acting, always have an arborist confirm whether your tree qualifies as protected.
5. New Construction and Site Development
When developing a new site, clearing land, or making major landscape changes, you’ll need a permit for any tree removal as part of your overall site plan approval. The city or county will review how your project affects green coverage and stormwater management.
If you’re unsure where to start, you can learn more about navigating local property regulations in this HaoFinder guide on real estate development in Nairobi. Although it’s written from an international perspective, it offers useful parallels in understanding how local rules shape real estate value.
When You Don’t Need a Permit
1. Hazardous or Dead Trees
If a licensed arborist certifies a tree as dangerous, dead, or structurally unstable, you can remove it without a permit under Florida Statute 163.045. Keep documentation from your arborist in case the city requests proof later.
2. Routine Trimming and Maintenance
Pruning branches or trimming trees to maintain safety around your home or power lines usually doesn’t require a permit as long as you don’t damage or remove the entire tree. Always hire certified professionals who follow ANSI and ISA safety standards.
3. Invasive or Nuisance Species
Certain invasive species, like Australian pine, Brazilian pepper, or melaleuca, can typically be removed without a permit. These species disrupt native ecosystems, so many Florida counties encourage their removal.
What Happens If You Remove a Tree Without a Permit
Cutting down a tree illegally can lead to serious fines, restoration orders, or even court action — especially if it’s a heritage tree or part of protected land. Some counties charge penalties per inch of trunk diameter removed, meaning large trees can cost thousands in fines.
Beyond legal penalties, you may also face:
- Requirements to replant trees of equal canopy value
- Fees for environmental mitigation
- Problems obtaining future permits for your property
If you’re ever unsure, it’s far safer to check with your local planning office or a licensed arborist before taking action.
How to Stay Compliant
- Verify local ordinances — Contact your city or county’s building or environmental department.
- Get documentation — Ask an ISA-certified arborist for a hazard assessment if you believe a tree is unsafe.
- Apply when required — Submit permit applications early if your property falls in a regulated area.
- Keep records — Save any written approvals or arborist reports in case of future questions.
- Hire professionals — Working with reputable experts ensures safety and compliance.
If you’re in Northwest Florida and need trusted help handling tree removal, land clearing, or debris hauling, you can reach out to https://dillardlandservices.com a local team that understands Florida’s laws and handles both residential and commercial projects with precision.
Environmental and Community Considerations
Tree removal isn’t just about property management — it’s about maintaining Florida’s natural beauty and ecological health. Removing trees too aggressively can increase erosion, raise temperatures, and hurt local wildlife habitats.
Whenever possible, work with professionals who practice responsible clearing and replanting. That way, you’ll stay compliant with local law and help preserve your neighborhood’s landscape.
For more insights on managing property improvements responsibly, see this HaoFinder article on profitable real estate upgrades.
Final Thoughts
Tree removal laws in Florida are designed to balance property rights with environmental responsibility. The short answer to whether you need a permit is: it depends — on your property type, tree condition, and local ordinances.
For homeowners, the key is documentation and safety. For commercial property owners, it’s about compliance and proper planning. Either way, understanding the rules before cutting ensures you stay within the law, protect your investment, and maintain the natural beauty that makes Florida such a special place to live and work.
About the Brand
This article is brought to you in collaboration with Dillard Land Services, a trusted Florida-based company specializing in tree removal, land clearing, and outdoor property maintenance. With years of experience serving both residential and commercial clients, they help property owners keep their landscapes safe, compliant, and beautiful. Learn more by visiting Dillard Land Services company’s website .
