This Is our Village

Tuesday, October 19, 2010

ANY LAWS AGAINST TREE REMOVAL?

Are there any state or county laws that govern tree removal? What must an association do if it wishes to remove trees? A friend in Miami was fined and forced to replace a single tree he had removed from his front yard. Are we subject to the same laws in Palm Beach County?
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Your BLOGMEISTER responds:

Everything you want to know about Trees in Palm Beach County, is to be found in the Uniform Land Development Code (ULDC).

The following extract addresses Replacement and Removal, the County, and the State of Florida are very serious about trees. All references in the following may be found in the document by entering it in the search box at the top of the Reference:
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REF:

http://discover.pbcgov.org/pzb/zoning/ULDCPDF/Articles/Article7.pdf#search=Article7

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b. Trees
Trees shall be planted or preserved in accordance with the requirements of Table 7.C.3, Minimum Tier Requirements, and Art. 7.D.2, Trees. Trees shall be native or drought tolerant.
[Ord. 2005-002] [Ord. 2008-037]
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c. Existing Trees
Preservation of existing native trees is encouraged and credit shall be given towards the above requirements. If existing native trees are removed, they shall be replaced in accordance with the standards in Table 7.D.2.D, Tree Credit and Replacement, or Art. 7.E.5.G.5.b, Trees, whichever is greater. The size of replacement trees shall be in accordance with Art. Art. 7.D.2, Trees.
[Ord. 2005-002] [Ord. 2008-037]
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d. Prohibited Plant Species
Existing prohibited plant species must be removed and trees replaced on a one-to-one basis with a native tree. Replacement trees for removed prohibited plant species shall be consistent with the interior landscape requirements of Art. 7.D.2, Trees.
[Ord. 2005-002] [Ord. 2008-037]
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e. Removal
Removal shall be consistent with the provisions of Art. 14.C, Vegetation Preservation and
Protection.
[Ord. 2005-002] [Ord. 2008-037]


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I hope this is helpful.

Dave Israel
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6 comments:

  1. As David says, the county is very serious about trees. There are rules/code for permits, size/type of tree, number of trees per lot. You could start with a phone call to PBC PZB Landscaping 233-5200 press 4. They do have a lovely website, all redone but I find some of their ‘simple’ explanations daunting.
    http://www.pbcgov.com/epzb/ACommon_asp_html/EpzbHome.htm
    You can click your way in to Commonly asked Questions.
    The good news is that a dead or hazardous tree removal does not need a permit, also Scheffleras are bushes and do not need a permit to remove.
    One rule seems to require jungle – "You need, for residential lot, one tree for 1,500 sq ft of gross lot area!"
    And my own opinion on FL native trees such as live oaks, leave them alone they are sacred in the code.
    You cannot rely on the contractor to follow all the rules, I have met one that maximizes profit by blathering code and excessive replacement of trees! Good Luck.

    ReplyDelete
  2. In my associaton we have two trees
    that were planted by an original
    owner (about 36 years ago) and
    today that are extremely big and
    some kind of goo drops down on the
    cars that are parked by these
    trees to the point that we have
    5 parking spaces that the unit
    owners refuse to park there
    because whatever goo falls of
    the trees are costing the unit
    owner a lot of money due to the
    trees damaging their cars.

    What is the answer to this problem?

    ReplyDelete
  3. Hi Nut,
    October 20, 2010 9:18 PM,

    Can you identify the type of tree, is it a Black Olive tree?

    Are the drippings dark purple?

    Dave Israel

    ReplyDelete
  4. David:

    I do not know the name of the
    2 trees but the next time Seacrest
    comes to trim the hedges, etc.
    I will ask Jeff for the name of
    the trees.

    ReplyDelete
  5. We have two palms that were planted way too close to the building and that are now rubbing against the roof. Can we have these cut down without replacing them?

    ReplyDelete
  6. mll, Sounds highly unlikely. Call the number in my other comment.

    Q- What are the penalties for illegal removal of trees?
    A- Triple permit fees and replacement for trees removed.

    ReplyDelete

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