City of Lake Helen
City Commission
Public Hearing:
First Reading of Ordinance 2019-03 Tree Permits
Meeting Date: August8,2019
Subject: FirstReadingofOrdinance2019‐03TreePermits
TitleofOrdinance2019‐03:ANORDINANCEOFTHECITYOFLAKEHELEN,FLORIDA,AMENDINGArticle8OF
THECITYOFLAKEHELENCODEOFORDINANCEStoapplyHouseBill1159amendingfloridastatue163.045
relatingtotreepruning,timingorremovalonrsidentialproperty;PROVIDINGFORLEGISLATIVEFINDINGS;
PROVIDINGFORAMENDMENTSTOARTICLE8;PROVIDINGFORCONFLICTS;PROVIDINGFORSEVERABILITY,
PROVIDINGFORCODIFICATIONANDPROVIDINGFORANEFFECTIVEDATE.
Synopsis: June26,2019,GovernorRonDeSantissignedHouseBill1159relatingtoPrivatePropertyRights
whichwaseffectiveJuly1,2019.ThebillmodifiedSection163.045ofFloridaStatues:163.045Treepruning,
trimming,orremovalonresidentialproperty.
ThePlanningandLandDevelopmentRegulationCommissionreviewedandrecommendedapprovaltotheCity
CommissionattheirRegularMeetingonJuly22,2019.
Underlineditemsareforinsertionstothecitycode,strikethroughsarefordeletionsfromthecitycode.
AmendArticle8asfollows:
8.02.00 Tree Removal
No person may cut, move, remove, damage or destroy any protected tree without obtaining a tree removal permit.
Tree removal permits are required for the removal of any tree, except as set forth below.
A. Exemption from permit, permit fee and replacement requirements:
1. Trees and landscaping specifically grown as landscape material for resale by duly approved and
licensed plant nurseries and botanical gardens.
2. Damaged or hazardous trees during and for a one (1) month period, unless such period is extended
by action of the city, following a declared disaster.
3. Minor maintenance activities including, but not limited to, removal of sucker growth, water sprouts, and
overhanging branches on mature trees which do not affect the health or life of the tree and are where
the removal of overhanging branches is not within a canopy road zone. All work shall be performed in
compliance with the current ISA Arborist standards and best practices.
4. Removal of trees by the City on city owned land and within the city rights of way.
5. Trees having a diameter at breast height (DBH) of less than six inches (6’’).
6. The removal of protected trees which fall or the removal of branches from said trees which have fallen
due to acts of nature, including, but not limited to storms, fire, and natural decay.
7. Pursuant to Florida Statute 163.045 -pruning, trimming, or removal of a tree on residential property if
the property owner obtains documentation from an arborist certified by the International Society of
Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or
property.
B. Exemption from fee and replacement requirements:
A permit shall be required for removal of the following trees, however, removal of these shall be exempt from the
permit fee and replacement plan requirements of this article as follows unless the removal of such tree results in
the property not achieving the City’s minimum landscape standards as specified in Article 8.07.05 for Residential
and Article 8.07.06 for Non-Residential and Mixed Use:
1. Removal of trees (thinning) within a forested area in order to reduce overcrowding and competition
and to promote the health, growth, and resistance to stress may be permitted only when accompanied
by written certification of the need to remove such tree(s) at the property owner’s expense, from an
ISA certified Arborist prior to authorizing such removal.
2. Major and minor maintenance of trees located adjacent to utility lines, except within a canopy road
zone; and
3. The tree prevents access to a lot and no feasible alternative access points exist.
Suggested Motion(s):
MotiontoapprovethefirstReadingofOrdinance2019‐03AmendingArticle8.02.00TreeRemovalas
recommendedbythePlanningBoardattheJuly22,2019meeting.
Attachment(s):
ProposedOrdinance2019‐03–AmendingArticle8.02.00TreeRemoval
Chapter2019‐155
ORDINANCE2019‐03
ANORDINANCEOFTHECITYOFLAKEHELEN,FLORIDA,AMENDINGARTICLE8OFTHECITYOF
LAKEHELENCODEOFORDINANCESTOAPPLYHOUSEBILL1159AMENDINGFLORIDASTATUE
163.045 RELATING TO TREE PRUNING, TIMING OR REMOVAL ON RSIDENTIAL PROPERTY;
PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR AMENDMENTS TOARTICLE8;
PROVIDINGFORCONFLICTS;PROVIDINGFORSEVERABILITY,PROVIDINGFORCODIFICATION
ANDPROVIDINGFORANEFFECTIVEDATE.
WHEREAS,onJune26,2019,GovernorRonDeSantissignedHouseBill1159relatingtoPrivatePropertyRights
whichwaseffectiveJuly1,2019;and
WHEREAS,thebillmodifiedSection163.045ofFloridaStatues:163.045Treepruning,trimming,orremovalon
residentialproperty;and
WHEREAS,thePlanningandLandDevelopmentRegulationCommissionreviewedattheirregularmeetingon
July22,2019andrecommendedapprovaltotheCityCommission;and
WHEREAS,underlineditemsareforinsertionstothecitycode,strikethroughsarefordeletionsfromthecity
code;
NOW,THEREFORE,BEITENACTEDBYTHECITYCOMMISSIONOFTHECITYOFLAKEHELEN,FLORIDA:
SECTION1.LEGISLATIVEFINDINGS.TheCityCommissionoftheCityofLakeHelenherebyadoptstherecitals
setforthinthepreambletothisOrdinance(whereasclauses)aslegislativefindings.
SECTION2.TheCityCommissionofLakeHelenherebyamendsArticle8asfollows:
8.02.00 Tree Removal
No person may cut, move, remove, damage or destroy any protected tree without obtaining a tree
removal permit.
Tree removal permits are required for the removal of any tree, except as set forth below.
A. Exemption from permit, permit fee and replacement requirements:
1. Trees and landscaping specifically grown as landscape material for resale by duly
approved and licensed plant nurseries and botanical gardens.
2. Damaged or hazardous trees during and for a one (1) month period, unless such period is
extended by action of the city, following a declared disaster.
3. Minor maintenance activities including, but not limited to, removal of sucker growth, water
sprouts, and overhanging branches on mature trees which do not affect the health or life of
the tree and are where the removal of overhanging branches is not within a canopy road
zone. All work shall be performed in compliance with the current ISA Arborist standards and
best practices.
4. Removal of trees by the City on city owned land and within the city rights of way.
5. Trees having a diameter at breast height (DBH) of less than six inches (6’’).
6. The removal of protected trees which fall or the removal of branches from said trees which
have fallen due to acts of nature, including, but not limited to storms, fire, and natural decay.
7. Pursuant to Florida Statute 163.045 ‐pruning, trimming, or removal of a tree on residential
propertyifthepropertyownerobtainsdocumentationfromanarborist certified by the
International Society of Arboriculture or a Florida licensed landscape architect that the tree
presentsadangertopersonsorproperty.
B. Exemption from fee and replacement requirements:
A permit shall be required for removal of the following trees, however, removal of these shall be exempt
from the permit fee and replacement plan requirements of this article as follows unless the removal of
such tree results in the property not achieving the City’s minimum landscape standards as specified in
Article 8.07.05 for Residential and Article 8.07.06 for Non-Residential and Mixed Use:
1. Removal of trees (thinning) within a forested area in order to reduce overcrowding and
competition and to promote the health, growth, and resistance to stress may be permitted
only when accompanied by written certification of the need to remove such tree(s) at the
property owner’s expense, from an ISA certified Arborist prior to authorizing such removal.
2. Major and minor maintenance of trees located adjacent to utility lines, except within a
canopy road zone; and
3. The tree prevents access to a lot and no feasible alternative access points exist.
SECTION3.CONFLICTS.Allordinancesorpartsofordinancesinconflictherewithareherebyrepealed.
SECTION 4. SEVERABILITY. If any provision of this Ordinance or the application thereof toanypersonor
circumstancesisheldinvalid,theinvalidityshallnotaffectotherprovisionsorapplicationsofthisOrdinance
whichcanbegiveneffectwithouttheinvalidprovisionorapplicationandtothisendtheprovisionsofthis
Ordinancearedeclaredseverable.
SECTION5.CODIFICATION.SpecificauthorityisherebygrantedtocodifyandincorporatethisOrdinancein
theexistingCodeofOrdinancesoftheCityofLakeHelen.
SECTION6.EFFECTIVEDATE.ThisOrdinanceshallbecomeeffectiveimmediatelyuponadoption.
THISORDINANCEAPPROVEDONSECONDREADINGthis__
th
dayof____,2019,bytheCityCommissionofthe
CityofLakeHelen,Florida.
CITYOFLAKEHELEN
_________________________
DaisyRaisler,Mayor
ATTEST:
_________________________________________
BeckyWitte,CityAdministrator
ApprovedastoformandlegalityforuseandrelianceoftheCityofLakeHelen,Florida:
_________________________________________
ScottESimpson,CityAttorney
CHAPTER 2019-155
Committee Substitute for House Bill No. 1159
An act relating to private property rights; creating s. 163.045, F.S.;
prohibiting local governments from requiring notices, applications,
approvals, permits, fees, or mitigation for the pruning, trimming, or
removal of trees on residential property if a property owner obtains
specified documentation; prohibiting local governments from requiring
property owners to replant such trees; providing an exception for
mangrove protection actions; amending s. 163.3209, F.S.; deleting a
provision that authorizes electric utilities to perform certain right-of-way
tree maintenance only if a property owner has received local government
approval; creating s. 70.002, F.S.; creating a Property Owner Bill of
Rights; requiring county property appraisers to provide specified informa-
tion on their websites; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 163.045, Florida Statutes, is created to read:
163.045 Tree pruning, trimming, or removal on residential property.—
(1) A local government may not require a notice, application, approval,
permit, fee, or mitigation for the pruning, trimming, or removal of a tree on
residential property if the property owner obtains documentation from an
arborist certified by the International Society of Arboriculture or a Florida
licensed landscape architect that the tree presents a danger to persons or
property.
(2) A local government may not require a property owner to replant a
tree that was pruned, trimmed, or removed in accordance with this section.
(3) This section does not apply to the exercise of specifically delegated
authority for mangrove protection pursuant to ss. 403.9321-403.9333.
Section 2. Section 163.3209, Florida Statutes, is amended to read:
163.3209 Electric transmission and distribution line right-of-way main-
tenance.—After a right-of-way for any electric transmission or distribution
line has been established and constructed, no local government shall require
or apply any permits or other approvals or code provisions for or related to
vegetation maintenance and tree pruning or trimming within the estab-
lished right-of-way. The term “vegetation maintenance and tree pruning or
trimming” means the mowing of vegetation within the right-of-way, removal
of trees or brush within the right-of-way, and selective removal of tree
branches that extend within the right-of-way. The provisions of this section
do not include the removal of trees outside the right-of-way, which may be
allowed in compliance with applicable local ordinances. Prior to conducting
scheduled routine vegetation maintenance and tree pruning or trimming
1
CODING: Words stricken are deletions; words underlined are additions.
activities within an established right-of-way, the utility shall provide the
official designated by the local government with a minimum of 5 business
days’ advance notice. Such advance notice is not required for vegetation
maintenance and tree pruning or trimming required to restore electric
service or to avoid an imminent vegetation-caused outage or when
performed at the request of the property owner adjacent to the right-of-
way, provided that the owner has approval of the local government, if
needed. Upon the request of the local government, the electric utility shall
meet with the local government to discuss and submit the utility’s
vegetation maintenance plan, including the utility’s trimming specifications
and maintenance practices. Vegetation maintenance and tree pruning or
trimming conducted by utilities shall conform to ANSI A300 (Part I)—2001
pruning standards and ANSI Z133.1-2000 Pruning, Repairing, Maintaining,
and Removing Trees, and Cutting Brush—Safety Requirements. Vegetation
maintenance and tree pruning or trimming conducted by utilities must be
supervised by qualified electric utility personnel or licensed contractors
trained to conduct vegetation maintenance and tree trimming or pruning
consistent with this section or by Certified Arborists certified by the
Certification Program of the International Society of Arboriculture. A
local government shall not adopt an ordinance or land development
regulation that requires the planting of a tree or other vegetation that
will achieve a height greater than 14 feet in an established electric utility
right-of-way or intrude from the side closer than the clearance distance
specified in Table 2 of ANSI Z133.1-2000 for lines affected by the North
American Electric Reliability Council Standard, FAC 003.1 requirement
R1.2. This section does not supersede or nullify the terms of specific
franchise agreements between an electric utility and a local government and
shall not be construed to limit a local government’s franchising authority.
This section does not supersede local government ordinances or regulations
governing planting, pruning, trimming, or removal of specimen trees or
historical trees, as defined in a local government’s ordinances or regulations,
or trees within designated canopied protection areas. This section shall not
apply if a local government develops, with input from the utility, and the
local government adopts, a written plan specifically for vegetation main-
tenance, tree pruning, tree removal, and tree trimming by the utility within
the local government’s established rights-of-way and the plan is not
inconsistent with the minimum requirements of the National Electrical
Safety Code as adopted by the Public Service Commission; provided,
however, such a plan shall not require the planting of a tree or other
vegetation that will achieve a height greater than 14 feet in an established
electric right-of-way. Vegetation maintenance costs shall be considered
recoverable costs.
Section 3. Section 70.002, Florida Statutes, is created to read:
70.002 Property Owner Bill of Rights.—Each county property appraiser
office shall provide on its website a Property Owner Bill of Rights. The
purpose of the bill of rights is to identify certain existing rights afforded to
property owners but is not a comprehensive guide. The Property Owner Bill
Ch. 2019-155 LAWS OF FLORIDA Ch. 2019-155
2
CODING: Words stricken are deletions; words underlined are additions.
of Rights does not create a civil cause of action. The Property Owner Bill of
Rights must state:
PROPERTY OWNER
BILL OF RIGHTS
This Bill of Rights does not represent all of your rights under Florida law
regarding your property and should not be viewed as a comprehensive guide
to property rights. This document does not create a civil cause of action and
neither expands nor limits any rights or remedies provided under any other
law. This document does not replace the need to seek legal advice in matters
relating to property law. Laws relating to your rights are found in the State
Constitution, Florida Statutes, local ordinances, and court decisions. Your
rights and protections include:
1. The right to acquire, possess, and protect your property.
2. The right to use and enjoy your property.
3. The right to exclude others from your property.
4. The right to dispose of your property.
5. The right to due process.
6. The right to just compensation for property taken for a public purpose.
7. The right to relief, or payment of compensation, when a new law, rule,
regulation, or ordinance of the state or a political entity unfairly affects your
property.
Section 4. This act shall take effect July 1, 2019.
Approved by the Governor June 26, 2019.
Filed in Office Secretary of State June 26, 2019.
Ch. 2019-155 LAWS OF FLORIDA Ch. 2019-155
3
CODING: Words stricken are deletions; words underlined are additions.