- Tree Removal & Regulations
The Definitive Guide to Orlando Palm Tree Trimming: Proper Pruning, Timing, and Avoiding the "Hurricane Cut"
Providing professional tree trimming and removal in Orlando, Florida, and surrounding areas.
For homeowners and property managers in Orlando, the mature tree canopy is one of the city’s greatest assets. However, these regulations, while vital for preservation, can create enormous stress when a large, protected tree becomes a dangerous liability on your property.
If you are faced with a massive Live Oak or Magnolia—trees that are often classified as Grand Trees—that is dead, diseased, or threatening your home, you might assume a long, expensive, and difficult permit process is required.
Fortunately, there are specific, legally defined exemptions that allow for the immediate and safe removal of dangerous trees. This definitive guide, written by ISA-Certified Arborists at Tree Amigos Orlando, will walk you through the essential laws, the three criteria for removal, and the exact checklist needed to legally remove a hazardous Grand Tree under Florida Statute 163.045, ensuring you stay safe and avoid thousands of dollars in non-compliance fines.
Table of Contents:
- Understanding Protected Trees in Orlando and Orange County
- The Critical Law: Florida Statute 163.045
- Qualifying for the Hazardous Tree Exemption: The 3 Legal Criteria
- Your Official Exemption Checklist: Documentation is Everything
- Consequences of Non-Compliance: Why Professional Removal is Essential
- Tree Amigos Orlando: Your Local Authority for Grand Tree Compliance
Understanding Protected Trees in Orlando and Orange County
Before seeking an exemption, it’s essential to confirm if your tree falls under local protection. The City of Orlando and Orange County maintain rigorous ordinances designed to protect mature canopy trees.
The Regulated Classifications
Tree protection ordinances focus primarily on the tree’s Diameter at Breast Height (DBH), measured 4.5 feet above the ground.
- Grand Trees: These are large, healthy trees that meet or exceed specific DBH thresholds by species. For many common species like Live Oaks, this threshold often begins at 24 inches DBH. Removing a healthy Grand Tree almost always requires a permit and mitigation fees.
- Heritage Trees: Some municipalities may designate certain historically or culturally significant trees for special protection, regardless of their health.
- Regulated Trees: Orange County classifies any tree 8 inches DBH or greater as regulated, requiring scrutiny before removal.
If your tree meets the size criteria for its species, it is officially regulated, and you must adhere to the exemption process for removal.
The Critical Law: Florida Statute 163.045
The key legal pathway that overrides local tree removal permits for hazardous trees is Florida Statute, Section 163.045. This state law was enacted to put the safety and property rights of Florida homeowners first, especially in situations where a local government might delay the removal of a clear and present danger.Defining “Unacceptable Risk” and the Arborist’s Authority
The statute legally mandates that a local government may not require a permit, fee, or mitigation for the pruning, trimming, or removal of a tree on a residential property if the property owner possesses documentation from a certified professional stating that the tree poses an “unacceptable risk.” The law specifically relies on the professional judgment outlined in the industry-standard publication: Best Management Practices—Tree Risk Assessment, Second Edition (2017). The legal threshold for removal is that the tree must pose an “unacceptable risk” where removal is the only practical means of mitigating the risk below a moderate level. This legal authority effectively transfers the power of the permit decision from the city planner to the ISA Certified Arborist when the tree’s condition meets the specific exemption criteria.
Qualifying for the Hazardous Tree Exemption: The 3 Legal Criteria
To qualify under F.S. 163.045, your Tree Amigos Orlando Certified Arborist must officially declare that the protected tree falls into one of three critical categories:
Criterion 1: The Tree is Dead
A tree that is demonstrably dead is no longer providing canopy value and is a structural hazard. While this seems straightforward, the arborist’s report must:
- Identify clear signs of mortality (e.g., lack of green cambium tissue, no leaf-out during the growing season).
- Document that the tree is non-viable.
Criterion 2: The Tree is Severely Diseased
This criteria applies to trees suffering from an aggressive, non-treatable disease that threatens the tree’s structural integrity or poses a risk of spreading to other protected trees.
- Example for Palms: A diagnosis of Lethal Bronzing (Phytoplasma) is grounds for immediate removal, as this disease is incurable and highly contagious to other palms in the community.
- Example for Oaks: Severe, irreversible decay from fungal pathogens like Ganoderma Root Rot can compromise the entire root plate, making the tree an immediate fall risk.
Criterion 3: The Tree Poses an Unacceptable Risk
This is the most common and complex criterion. It applies to trees that are still technically alive but are structurally unsound and threaten a defined target (a structure, person, or vehicle).
Indicators of Unacceptable Risk
- Major trunk cavities or severe internal decay (verified by sounding or resistance drilling).
- A significant, open crack or split in the trunk or a major scaffold limb.
- Root plate lifting or heaving.
- A significant lean with visible soil movement at the base.
- Weak attachments (e.g., included bark) in a tree that is directly over a house or primary structure.
The Arborist’s Role: The professional must certify, using the industry-standard risk assessment methodology, that the risk level is high and that no practical solution other than removal (such as cabling or pruning) would reduce the risk to an acceptable level.
Your Official Exemption Checklist: Documentation is Everything
For the hazardous tree exemption to be valid, you must have complete and accurate documentation before the removal begins. The burden of proof rests entirely on the property owner.
Step 1: Secure a Certified Arborist’s Report
The process must start here. An ISA Certified Arborist acts as your expert witness and legal protection.
| Checklist Item | Description |
|---|---|
| Arborist Identification | Full name, ISA certification number, and signature of the Certified Arborist. |
| Tree Identification | Tree species (Common and Scientific Name), exact location on the property, and the precise DBH measurement. |
| Risk Assessment | A detailed, formal assessment certifying that the tree poses an “unacceptable risk” to a specified target. |
| Causal Factors | A clear statement detailing the condition (dead, diseased, or structurally failing) and the reason for the failure (e.g., 60% decay at the base, severe root rot). |
| Mitigation Statement | A declaration that the only practical way to mitigate the risk is complete removal. |
Step 2: Photographic and Video Evidence
Before the removal crew arrives, the arborist will capture comprehensive evidence. You should retain these files indefinitely.
- Photos of the entire tree showing the failing structure or lean.
- Close-up photos of the specific failure point (cracks, decay, deadwood, or disease).
- Photos showing the tree’s direct relationship to the target (e.g., the lean toward the bedroom, the decayed trunk next to the garage).
Step 3: Final Affidavit (Legal Documentation)
Once the Arborist’s Report is complete, the removal process can proceed. However, the City or County still requires you to notify them, often through a simple sworn affidavit or specific local forms after the fact.
- Action Item: The arborist or tree service company (like Tree Amigos Orlando) will typically fill out the necessary Hazardous Tree Removal Affidavit required by your specific municipality (City of Orlando or Orange County).
- Filing: This document, which includes the arborist’s name and certification number, serves as your formal notice and proof of compliance with F.S. 163.045.
Consequences of Non-Compliance: Why Professional Removal is Essential
The penalties for illegally removing a protected tree in the Orlando area are severe and far outweigh the cost of hiring a certified professional.
Fines and Required Mitigation
If a protected tree is removed without proper documentation, the municipality can issue a fine calculated by the caliper inch of the tree’s diameter.
- Fines: These can easily range from $500 to over $5,000 per infraction, depending on the tree’s size and classification (Grand or Heritage).
- Mitigation: In addition to the fine, the homeowner is typically required to replace the illegally removed tree with a new specimen of a specified, large caliper. This replanting, plus the purchase and installation of a mature replacement tree, can incur an additional cost of thousands of dollars.
By working with Tree Amigos Orlando, you are protected by a company whose internal protocol guarantees the proper arborist reporting and documentation is completed before the first cut is made. This removes all legal liability from the homeowner.
Tree Amigos Orlando: Your Local Authority for Grand Tree Compliance
Removing a large, hazardous Grand Tree is one of the most technical and dangerous jobs in arboriculture. It requires specialized equipment (cranes, specialized rigging) and deep regulatory knowledge.
Don’t let the fear of bureaucracy or the sight of a damaged tree lead you to make an illegal or unsafe decision. Our ISA Certified Arborists are experts in both tree risk assessment and navigating the complex local ordinances of Orlando, Winter Park, Apopka, and Orange County. We provide the certified report you need to comply with F.S. 163.045 and then perform the removal safely and efficiently.
If you have a protected tree that poses an unacceptable risk to your property, contact Tree Amigos Orlando today for a free, no-obligation ISA Certified Arborist risk assessment. Let us handle the hazard and the paperwork, guaranteeing your safety and your legal compliance.
Call (407) 350-1893 or Request Your Free Assessment Online.
