New Florida Tree Law 163.045 F.S.
Passed in 2019, Amended in 2022
Tree pruning, trimming, or removal on residential property
For purposes of this section, the term:
“Documentation” means an onsite assessment performed in accordance with the tree risk assessment procedures outlined in Best Management Practices - Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture (ISA) or a Florida licensed landscape architect and signed by the certified arborist or licensed landscape architect.
“Residential property” means a single-family, detached building located on a lot that is actively used for single-family residential purposes and that is either a conforming use or a legally recognized nonconforming use in accordance with the local jurisdiction’s applicable land development regulations.
A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on a residential property if the property owner possesses documentation from an arborist certified by the ISA or a Florida licensed landscape architect that the tree poses an unacceptable risk to persons or property. A tree poses an unacceptable risk if removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in Best Management Practices - Tree Risk Assessment, Second Edition (2017).
A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.
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"Documentation"
This example report is not endorsed, recognized, sanctioned, approved, or recommended by: the International Society of Arboriculture, or The Florida Chapter ISA or any of their employees, directors, or members.
The author states that the report exceeds the ANSI A300 (Part 9) and BMP requirements, however only the BMP is referenced in the statute.
According to Best Management Practices - Tree Risk Assessment, Second Edition (2017), the following items should be included in a detailed written report or other accompanying documentation:
Report Breakdown
The report lists "John Q. Arborist" and states "I conducted my inspection on the afternoon of July 8, 2021"
My assignment was to provide a tree risk assessment for one large red maple tree (Acer rubrum) because you were advised by others that this tree may be a liability.
The tree is a large (28-inch DBH) red maple (Acer rubrum) that is about 55 feet tall with an approximate 30-foot spread. The tree is located in near the north-west corner of your yard.
I performed a Level 2 and Level 3 Tree Risk Assessment based on the ANSI A-300 (Part 9, 2017) Tree Risk Assessment standard and used the methodology defined in the International Society of Arboriculture’s Best Management Practice for Tree Risk Assessment (2017).
The likelihood of striking a valuable asset (either home) is medium. (As the canopy is symmetrical there is a greater than 50% chance the tree will fall away from the homes).
I considered people near the tree, your and your neighbors’ houses, and the powerlines in your backyard as likely to be impacted if the tree failed.
A visual examination of the tree revealed several small dead branches and several cavity openings. I struck the tree trunk with a mallet in several locations to listen for tones indicating internal decay. This sounding revealed that the trunk was hollow. I then drilled the trunk of the tree in four locations to determine the amount of solid wood. I found an off-center undulating decay pattern within the trunk and a nominal solid wood thickness of 3.5 inches. The tree also has two cavity openings at the site of old pruning wounds. Heartwood decay is common in old trees and is not necessarily a condition of concern. However, based on our decay formula this tree would need a nominal sound wood thickness of 4.6 inches so as not to be a ‘probable’ likelihood of failure. This tree also lacks response growth that would lessen the effects of heartwood decay.
Given the tree’s large size, off-center decay, insufficient sound wood thickness, breaches in the trunk, and height prominence in the landscape, this tree is categorized as MODERATE RISK for the adjacent homes, and LOW RISK for the powerlines and people.
There are a few options that can be considered for mitigation to lower your risk from this tree. 1. Pruning to reduce the length of 10 of the highest branches by 30%. Unfortunately, the branching nature of elderly red maple trees makes reduction pruning difficult. Many heading cuts may be necessary to get the 30% length reduction. The heading cuts may lead to internal branch decay that will need to monitored and mitigated over time. With this treatment the residual risk rating would become LOW. 2. Do nothing and continue to monitor the tree with regular inspections.
This tree should be re-inspected every 6 months unless you have additional health or safety concerns that warrant more frequent attention. Tree inspection services should be performed by an ISA Tree Risk Assessment Qualified (TRAQ) arborist skilled in the science of tree risk assessment. I can perform these services should you desire.
My inspection was a ground-based visual inspection that also included internal drilling to detect decay. The inspection was limited to defects that can be seen while standing on the ground. There may be defects below ground or in the canopy that were not visible from this perspective. These hidden defects may result in the failure of branches, trunks, or roots. No other trees on this property were inspected other than those specifically addressed in this report.
