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Home My WebLink AboutCity of Miami Code of Ordinances Sec. 24-49.9DIVISION 2. TREE PRESERVATION AND PROTECTION Sec. 24-49. Permits for tree removal and relocation, improperly issued permits, violation of permit conditions, exemptions from tree removal permits; mortgagee exemption from liability. (1) It shall be unlawful for any person, unless otherwise permitted by the terms of this article, to do tree removal work or to effectively destroy any tree, or to effectively destroy any understory in a natural forest community, without first obtaining a permit from the Department. (2) No municipal or County official shall issue a tree removal permit that does not comply with the provisions of this article. Any such permit shall be void. (3) It shall be unlawful for any person to violate or not comply with any of the conditions of a Miami -Dade County tree removal permit. (4) The following activities are exempt from tree removal permits: (a) Removal of trees within the yard area of an existing single-family residence, provided the trees are not within a natural forest community, and are not specimen trees. This exemption does not apply to trees which are growing on County rights -of -way adjoining existing single-family residences; (b) Removal of trees for the construction of a new single-family residence, provided that: (i) The lot is one (1) acre or less in size (43,560 square feet), if an AU zoned lot, or one-half (1 /2) acre or less in size (21,780 square feet), for any other zoned lot; and (ii) The lot is being developed as the principal residence of the owner - builder; and (iii) The lot is not within an area designated as a natural forest community; and (iv) The trees are not specimen trees. (c) Removal of any dead tree. (d) Removal of trees within State -approved plant nurseries and botanical gardens, provided said trees were planted and are growing for the display, breeding, propagation, sale or intended sale to the general public in the ordinary course of business. (e) Removal of trees for the establishment, maintenance and operation of a bona fide grove or bona fide tree nursery, except when the proposed tree removal is to occur in a natural forest community designated under Resolution No. 1764-84 or under subsequent revisions of the natural forest community maps or when the proposed tree removal will affect specimen trees as defined herein. Any person desiring to remove trees pursuant to this provision shall obtain written approval from the Department prior to the commencement of any such activities under this exemption. (f) Removal of any of the following tree species (provided the activity is not within a natural forest community, in which case a permit shall be required, but all application and permit fees shall be waived by the Department): (i) Melaleuca quinquenervia (cajeput or paperbark tree). (ii) Casuarina spp. (Australian pine, beefwood). (iii) Schinus terebinthifolius (Brazilian pepper). (iv) Bischofiajavanica (bishopwood). (v) Ricinus communis (castorbean). (vi) Psidium guajava (guava). (vii) Albizia lebbek (woman's tongue). (viii) Acacia auriculaeformis (earleaf acacia). (ix) Schefflera actinophylla (Queensland Umbrella Tree). (x) Araucaria heterophylla (Norfolk Island Pine). (xi) Metopium toxiferum (poison wood). (xii) Adenanthera pavonina (red sandalwood). (xiii) Cupaniopsis anacardioides (carrotwood). (xiv) Dalbergia sissoo (Indian dalbergia, sissoo). (xv) Ficus microcarpa (=R. nitida; =F. retusa varnitida) (laurel fig). (xvi) Flacourtia indica (governor's plum). (xvii) Hibiscus tiliaceus (mahoe). (xviii) Leucaena leucocephala (lead tree). (xix) Mimosa pigra (catclaw mimosa). (xx) Thespesia populnea (seaside mahoe). (g) Removal of any tree which has been destroyed or effectively destroyed by an Act of God, or by acts outside of the control of any person, individually or otherwise, who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located, which acts could not have been prevented by the exercise of reasonable care by any such person, individually or otherwise, who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located. Where a tree has been destroyed or effectively destroyed by acts outside of the control of a person who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located, which acts could not have been prevented by the exercise of reasonable care by such person, this provision shall be construed to impose joint and several liability upon the person(s) destroying or effectively destroying such tree, and to exempt from liability for such destruction or effective destruction the person who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located. (Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08) Sec. 24-49.9. Prohibited plant species. (1) With exception of Ficus benjamina, the list of exotic pest plant species that may not be sold, propagated or planted anywhere in Miami -Dade County pursuant to Policy 81 of the Conservation Element of the Comprehensive Development Master Plan for Miami - Dade County, Florida, as may be amended from time to time, is hereby incorporated by reference. If present on a development site, they shall be removed prior to development, and their sale, propagation, planting, importation or transportation shall be prohibited. (2) Definitions for Section 24-49.9(1), Sections 24-49.9(3)(a), 3(b), and 3(c): (a) Importation shall mean the conveyance by any means of plants into Miami - Dade County. (b) Planting shall mean the placing on or setting into the ground of live plant material. (c) Propagation shall mean the physical act of causing plants to multiply by any process of reproduction from plant stock. (d) Sale shall mean the act of transferring or conveying plants to a purchaser for consideration. (e) Transportation shall mean the act of carrying or conveying plants from one (1) place to another for the purpose of sale, planting, importation or propagation. (3) Variances. (a) A variance by the Director from the transportation, propagation and planting prohibitions of this section may be requested, subject to the conditions justifying variance approval tlbe made in writing to theined belw in Section LDirector3)annd I shall include the variance request shall following information: (i) Name and address of the person or persons requesting the variance. (ii) Location of the property for which the variance is requested. (iii) A sketch or drawing indicating the location within the subject property where the planting or field propagation of the otherwise prohibited plant species will occur. (Container propagation shall be exempt from said sketch or drawing requirements.) (iv) The reason or reasons for requesting the variance. (b) The Director may, in the Director's discretion, issue a variance from the provisions of this section based upon the following factors: (i) Proximity of the subject planting or propagation to any environmentally sensitive areas (e.g., wetlands, hammocks, pinelands, dunes). (ii) Lack of appropriate alternative plant species to fulfill the same purpose or purposes for planting. (c) The Director shall issue or deny a variance request within thirty (30) days of receipt of the variance request, provided the required information described in Section 24-49.9(3)(a)(i) through (iv) above has been submitted. (Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)