House Bill 1159 bans the regulation of dangerous trees on residential property by local government, but that doesn't give property owners free range to trim, prune, or remove trees as they please.
Here are the facts about the Private Property Rights Protection Act, which went into effect July 1, 2019, and what they mean for property owners in unincorporated Manatee County:
- Under the new legislation, property owners are required to obtain proper documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property.
- Property owners are no longer required to replant a tree that was pruned, trimmed, or removed as a result of it posing a danger to the property.
- The bill does not apply to mangrove trees, which the trimming and alteration of is regulated statewide by the Florida Department of Environmental Protection.
- If you remove a street tree without documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect stating the tree presents danger to persons or property, you are required to replace it per the Land Development Code.
- You must replace the tree within 30 days of removing the existing tree and it must be planted within 25 feet back from the right of way.
- The replacement tree must be graded Florida #1 by Florida Grades and Standards for Nursery Plants.
- Trees cannot be planted within a public or private utilities easement or setback.
- Existing trees located within 25 feet of the ROW may be considered in lieu of a replacement tree.
- You must meet the tree type and lot size requirements below.
Your Homeowners’
Association (HOA) may have specific landscape requirements. Contact your HOA
for approval before replacing your tree.
Lot Size Requirements
- 100+ feet of linear right of way (ROW) frontage: one canopy tree for every 50 feet of frontage
- 60-100 feet of linear ROW: one canopy per frontage
- < 60 feet of linear ROW frontage: one smaller maturing, canopy or one understory tree per lot, regardless of the number of street trees removed.
- Corner lots must provide two street trees maximum, one per frontage
Tree Type Requirements
Canopy Tree (produces one main trunk and normally reaches a height of 30 feet or more upon maturity)
- Min. 10 feet
- 2.5 inch caliper (trunk width)
- 25-50 gallons
Understory Tree (produces single trunk or multiple trunks and normally reaches a height of less than 30 feet upon maturity)
- Min. 6 feet
- 1.5 inch caliper (trunk width)
- 25-30 gallons
Palm Trees
- Two required for each tree removed
- Min. 15 feet
- A maximum of twenty-five (25) percent of all proposed residential street trees may be Palm trees (per LDC Sec. 701.6.1), and a maximum of forty (40) percent of all required trees may be Palm trees (per LDC Sec. 701.8.17)