Owners' Rights & Trees in Florida

Damage to Trees

• If your trees' branches hang onto adjoining property, the adjoining property owner has a right to trim the tree branch to her property line. However, it is best to consult local ordinances to determine if the tree is considered historical or protected before altering the tree. Although adjoining owners have rights if a tree encroaches on their property, they do not have the right to damage that tree.

Mangrove Preservation Act

• Mangrove trees often line waterfront areas. The Mangrove Preservation Act of 1996 states that mangrove trees on publicly owned islands or conservation lands should not be trimmed or modified except to ensure public access or safety. You are allowed to trim mangrove trees to ensure your right of view without government approval as long as the trimming does not damage the trees. Local governments may enact and enforce additional ordinances regarding mangrove trimming. For example, to trim mangroves in Pinellas County, you must qualify for an exemption or obtain a permit.

Pruning Requirements and Other Protected Trees

• Protected trees may vary by city or municipality. In addition, you may need a permit to remove trees on your property. In Tampa, all trees greater than 5 inches diameter and 4-½ feet high require a permit for removal. In addition, you need a permit to prune "grand trees," which are determined by adding the circumference, height and average spread of the tree branches. Pruning must meet certain standards. In Tampa, it must conform to ANSI 300 (American National Standards Institute) specifications for tree care.

Exemptions to Permits

• A permit may be necessary for removal or alteration of trees in some counties. In Orange County, a permit is required for the removal of trees that are damaged due to disease or acts of nature. If more than five trees on a property are damaged, the zoning manager will need to verify the damage. Trees located on single-family properties of less than 2 acres do not require a permit. In addition, certified public housing projects are not subject to tree-removal fees.