Should You Be Allowed to Remove Trees on Your Property Without Government Approval?

What’s the story?

• Sunshine State residents can now remove trees from their property without any interference from local government as long as a certified arborist or Florida-licensed landscape architect documents that the tree “presents danger to persons or property.”

What does the bill say?

• House Bill 1159, also known as the Private Property Rights Protection Act, went into effect July 1. Municipal governments are not allowed to require any permits, notice, or approval from residents who wish to remove dangerous trees from their properties.

Loopholes in the bill

The Sarasota Herald-Tribune outlined how the new law could be abused:

• The arborist isn’t required to visit the site, or even be a Florida resident.  
• The act does not say that the owner has to display, keep, or even reveal the documentation to any authorities.
• Since all trees are susceptible to falling under conditions like strong winds, lightning, and hurricanes, any tree can be considered threatening to one’s property—which includes mailboxes and flower bushes.

What are people saying?

• Miami, which is designated a Tree City USA by the Arbor Day Foundation, has a multitude of regulations to prevent its residents from removing trees without approval. Commissioner Ken Russell said that Miami will enforce its existing tree ordinances.

“This [state] law was written with good intentions, but… it poses a danger that unscrupulous arborists and speculative developers can go hog-wild cutting trees to make room for developments,” Russell told the New Times.

• Some arborists, like Ron von Paulus, the owner of Big Ron’s Tree Service, intend to follow the state’s direction instead of the city’s.
• Paulus told the New Times that he received an email from Miami’s Environmental Resources department saying that the city will “proceed in accordance with [its] existing code” and following it would be in the best interest of his business and clients.
• “My clients have to spend thousands of dollars just to remove one tree from their property,” Paulus said.

“They need to get to get a land survey, a tree survey, a tree risk assessment, and still have to mitigate by planting trees or donating to the tree trust fund. That’s already over $3,000.”

• Chelsea Johnson, founder of Tree Something, Say Something, a tree advocacy group, said the law would open the door to destruction of Tampa’s tree canopy.

“It allows for abuse by crooked characters,” she said. “I think the public would be really alarmed if they were aware of this.”

What do you think?

Do you support allowing residents to remove trees from their property without government interference? Why or why not? Or do you support Miami’s decision to protect the canopy? Tell your representatives, then share your opinion below.

—Veronica You

(Photo Credit: iStock / NicolasMcComber)