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	City Home > Departments > Community Improvement > For Residents > Tree Removal, Preservation and Trimming

Tree Removal, Preservation, Trimming, and Site Clearing

Excerpts from the City of Delray Beach Land Development Regulations relating to Tree Preservation, Tree Removal, Tree Trimming and Site Clearing

Section2.4.6

(F) Site Clearing Permit:

(1) Rule: It shall be unlawful for any person, without first obtaining a permit, to clear real property of shrub vegetation.

(2) Required Information: An application form, and attendant fee, shall be completed and delivered to the Chief Building Official, or his designee. The application form shall be as promulgated by the Chief Building Official.

(3) Procedure: Upon acceptance of the application, the Chief Building Official shall cause the site to be visited and a report made which provides the status of trees in excess of four inches in diameter at 4-1/2 feet above the ground. The report shall identify what measures must be taken with respect to tree protection and removal (4.6.19) and erosion control (4.6.17).

(4) Issuance of Permit: Upon acceptance of the report by the Chief Building Official, a permit shall be issued. The permit shall require compliance with the report, a copy of which shall be provided with the permit. The permit shall be valid for a period of 180 days.

(G) Tree Removal Permit:

(1) Rule: It shall be unlawful for any person, without first obtaining a permit, to remove or cause to be removed or effectively remove through damaging any tree with a diameter of four inches or more, the diameter being measured 4 - 1/2 feet above the ground.

Further, it shall be unlawful for any licensed tree surgeon or service company or general contractor to remove any tree covered by these provisions without a permit. Upon the third violation of the terms and provisions of this Section by such person or firm, the City Commission may, after investigation by the Chief Building Official revoke or suspend the City Occupational License of such person or firm.

(2) Required Information: An application form, and attendant fee, shall be completed and delivered to the Chief Building Official, or his designee. Click here to download the Tree, Scrub & Vegetation Removal Application (131k). The application form shall be as promulgated by the Chief Building Official. In addition, the following must be provided:

(a) Location of proposed driveways and other planned areas or structures on the site;

(b) The location of all trees subject to permit with identification as to type, trunk diameter, height, and species;

(d) Designation of any trees proposed to be removed from the site, relocated on the site, and retained in their present location; and,

(e) Any proposed grade changes which might adversely affect or endanger any trees on the site with specifications as to how to maintain such endangered trees.

The report shall identify those trees which may be removed because of the following situations:

(a) The tree is located in the buildable area or yard area where a structure or improvements are to be placed and it unreasonably restricts the permitted use of the property; and, the tree cannot be relocated on the site because of its condition, size, type, or age;

(b) The tree is diseased, injured, in danger of falling, being too close to existing or proposed structures, or it interferes with utility services or creates unsafe vision clearance.

(4) Imposition of Conditions: The report shall also set forth mitigation of adverse impacts associated with removal or relocation as provided for in the following:

(a) The relocation of the tree which is to be removed to a suitable location on the site.

(b) The replacement of the tree which is to be removed with a tree somewhere within the site; said replacement tree to be of a type that will attain, normally, an overall minimum height of at least 20 feet and shall be a minimum of eight feet (8') in height when planted, if available.

(5) Issuance of Permit

(a) Normal Issuance: Upon acceptance of the report by the Chief Building Official, a permit shall be issued. The permit shall require compliance with the report, a copy of which shall be provided with the permit. The permit shall be valid for a period of 180 days.

(b) Emergency Issuance: In the event that any tree shall be determined to be hazardous or in a condition so as to endanger the public health or safety, and require removal without delay, verbal authorization may be given by the Chief Building Official and the tree removed without obtaining a written permit as herein required. The authorization shall be followed up with issuance of a permit, as verbally authorized, within twenty-four (24) hours.

Section 4.6.19 Tree Protection: [Also see Section 2.4.6(G) regarding the need for a permit to remove a tree]

(A) Rule: It shall be unlawful for any person in the construction of any structures or other improvements to place material, machinery or temporary soil deposits within six feet of any tree having a four inch (4") or greater trunk diameter measured four and one-half feet (4 1/2') above grade.

(B) Method: During construction, a builder shall be required to erect suitable protective barriers around all trees which are to be preserved. Also, during construction, no attachments or wires other than protective guy wires shall be attached to any tree.

(C) Exceptions: Specifically exempt from this Section are trees and shrub vegetation on the property of single family homes, on the property of licensed tree nurseries, and on the easements of public utilities, and the following species of tree:

(1) Schinus Terebinthinfolius (Brazilian Pepper, Florida Holly)

(2) Metopium Toxiferum (Poison Wood)

(3) Melaleuca Leucadendron (Melaleuca)

Section 2.4.3(K)(3) Permit Fees Fees associated with permits are applicable per the following. All fees are cumulative and provide multiple fees. No permit fees are included in the imposition of application fees.

(a) Shrub Clearing Permit:

One acre $ 5.25

Two to five acres $10.50

Six to ten acres $15.75

Eleven to twenty acres $26.25

Over twenty acres $26.25 plus

$1.05 For each additional acre.

(b) Tree Removal Permit: 17.30

Where a tree has died due to natural causes, including disease, lethal yellowing, freezing, lightning or storms, or if the tree is of a prohibited species, there shall be no permit fee, even though inspection and permit requirements shall be met.

Failure to obtain a Tree Removal permit shall result in a triple-fee for each tree removed , in addition to the replacement of each tree with a new tree, a minimum of twelve (12) feet in height, with a six (6) foot spread of canopy, of the same species, or a species approved by the Chief Building Official, or his designee.

Section 4.6.16(D)(2) Preservation and Promotion of Existing Plant Communities:

All existing native plant communities on sites proposed for development shall be preserved where possible through their incorporation into the required open space. Existing plant communities that are specified to remain shall be preserved to the greatest extent possible with trees, understory, and groundcovers left intact and undisturbed, except for the eradication of prohibited plant species.

(a) Tree Protection: Trees which are to be preserved on a site shall be protected from damage during the construction process according to appropriate tree protection techniques. The "Tree Protection Manual for Builders and Developers" published by the Division of Forestry of the State of Florida, Department of Agriculture and Consumer Service, shall be the standard for determining the appropriateness of proposed techniques. All trees which are to be preserved and do not survive shall be replaced by a tree of equal size or an equivalent number of trees based on trunk diameter. [See Section 3.4.6(G) re: Tree Removal Permits]

(b) Portion of Native Communities to Remain: When natural plant communities occur on a parcel of land which is to be developed, at least twenty-five percent (25%) of the required open space must be in the form of preserved natural plant communities.

(c) Native Species Required: A portion of all plant materials required to be planted shall be native species. The percentage of native plant materials required shall be as follows:

Effective October 1,1992, fifty (50) percent of all required trees and twenty-five (25) percent of all other required plant materials shall be native.

Section 4.6.16(I) Minimum Maintenance Requirements:

(1) General: The owner or his agent shall be responsible for the maintenance of all landscaping required by ordinance or made a condition for approval for a building permit. Landscaping shall be maintained in a good condition so as to present a healthy, neat, and orderly appearance at least equal to that which was required for the original installation, and shall be kept free from refuse and debris. Maintenance is to include mowing, edging,

(2) Pruning of Trees: Maintenance pruning of trees is to allow for uniform and healthy growth. Trees shall be allowed to attain their normal size, and at a minimum attain a twenty (20) foot spread of canopy, prior to and major pruning, except in conjunction with the removal of diseased limbs, or to remove limbs or foliage that present a hazard to power lines or structures. Lower branches and suckers must be selectively removed to provide a minimum of six (6) feet of clear trunk. Severely cutting back lateral branches and canopy, or "hatracking" is expressly forbidden. The practice of "Lion's Tailing" wherein all foliage is removed except at the end of the branch is also expressly forbidden. Trees may be periodically thinned to reduce leaf mass in preparation of tropical storms. All pruning shall be accomplished in accordance with the National Arborist's Association Standards. A tree's habit of growth must be considered before planting to prevent conflicts with view or signage, and such a conflict shall not, of itself, necessarily permit the removal of the tree.


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