Removing a Dangerous Tree Without a Permit in Florida
Many Central Florida cities and counties require a permit to remove a tree, especially a large healthy one. But Florida law carves out an important exception for dangerous trees at single-family homes. Here's how it works in plain language. This is general information, not legal advice; the statute itself is section 163.045 of the Florida Statutes.
What the law says
If you own a single-family detached home and have the right documentation that a tree on your lot poses an unacceptable risk to people or property, your city or county can't require a notice, application, approval, permit, fee, or mitigation for pruning, trimming, or removing it. It also can't require you to replant.
What counts as documentation
- An onsite assessment of the tree, done using the industry's tree risk assessment best practices.
- Signed by an arborist certified by the International Society of Arboriculture (ISA) or by a Florida-licensed landscape architect.
- Showing the tree is an unacceptable risk, meaning removal is the only practical way to bring its risk below moderate.
What it doesn't cover
- Properties that aren't single-family detached homes, such as most commercial property, condos, and townhome communities.
- Mangroves, which have their own protections.
- HOA rules. The law limits local governments, not homeowners associations, so you may still need your HOA's approval.
- Healthy trees you'd simply like gone. Those still go through your city or county's normal permit process.
How to use it
Start with a look at the tree. If it has serious decay, a dangerous lean, cracks, or major dead sections near your home, have it formally assessed and keep the signed documentation on file in case the city asks. Some cities also have their own simpler processes for dead or hazardous trees, so it's worth checking those too.
Quick answers
Who can write the documentation?
An ISA-certified arborist or a Florida-licensed landscape architect, after an onsite assessment using the industry's tree risk assessment best practices.
Does this apply to townhomes or condos?
The law defines residential property as a single-family detached building on a lot used for single-family purposes, so most townhomes and condos aren't covered. Check with your city or county.
Can the city make me plant a new tree?
Not when you remove a tree under this law with the proper documentation. Your HOA may have its own replanting rules.
