New State Tree Law (SB 518)
Effective July 1, 2022
SB 158 - New State Tree Law
There is a NEW state tree law that went into effect on July 1, 2022. It establishes when a residential property can be exempt from Tampa’s Tree Code (Tampa’s Tree Code requires a permit for tree pruning, trimming, or removal).
For more information: https://www.tampa.gov/construction-services/tree-permitting/tree-resources
Every single requirement of this new state law must be met, to remove a tree without a City of Tampa permit.
Summary of the Requirements of the New Law
Effective July 1, 2022
1. The tree must be on a single-family, detached residential property. It does not apply to properties that are: zoned commercial; have a commercial use; are a duplex, townhome, or any other multi-family building; does not contain any residential structure.
2. The residential property must be ACTIVELY USED for single-family purposes.
3. The property owner must possess documentation at the time of the removal.
4. The documentation must be signed by an arborist certified by the International Society of Arboriculture (ISA), or a Florida licensed landscape architect.
5. The documentation must certify there was an onsite assessment of the tree using the tree risk assessment procedures in Best Management Practices – Tree Risk Assessment, Second Edition (2017).
6. The documentation must certify that the tree poses an “unacceptable risk” to persons or property.
7. The documentation must certify that, according to Best Management Practices – Tree Risk Assessment, Second Edition (2017), the only way to lower the unacceptable risk to below “moderate” is to remove the tree.
If your circumstances do not meet every one of these state requirements, you must get a permit for all tree pruning, trimming, or removal that is required by the Tampa Tree Code. The City will require documentation for each and every tree that is removed.
If the laws are violated, the City will issue a notice of violation to the property owner, and sometimes to the tree cutter, too. The maximum fine for a violation is $15,000.
The only way the City can determine if a tree was removed legally is for the property owner to provide the City with the required documentation. Therefore, to avoid being issued a notice of violation, the property owner should provide the required documentation to the City.
Furthermore, if the City finds that arborists or landscape architects violate the law, the City will report them to the ISA or Department of Professional Regulation, as they have done in the past.
The Tampa Tree Code requires a permit for removal of all trees 5” in diameter or greater at breast height (DBH), except for invasive species.
More Info: https://www.tampa.gov/construction-services/tree-information/arborist-contractor-information
The Tampa Tree Code requires a permit for pruning of all trees 24” in diameter or greater at breast height (DBH).
More info: https://www.tampa.gov/construction-services/tree-information
Frequently Asked Questions
Do I need a permit to remove a tree?
Here is a video that might help you determine if your tree is covered by Florida Statute 163.045:
Could Changes to Florida’s Tree Removal Statute Impact My Condo, HOA, or Co-op?
This link covers how changes in the statute could impact those residences: https://www.paveselaw.com/effective-july-1st-changes-to-floridas-tree-removal-statute-could-impact-your-condo-hoa-or-co-op/