HomeMy WebLinkAboutO-13670City of Miami
Ordinance 13670
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1399 Final Action Date: 3/23/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ENVIRONMENTAL PRESERVATION", TO CLARIFY
PROCEDURES FOR THE TRIMMING, PRUNING, OR REMOVAL OF TREES
IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell
WHEREAS, on May 13, 2010, the City Commission adopted Ordinance No. 13174 in
order to promote Tree protection and environmental preservation and address the stewardship
of the living features in the City of Miami, Florida ("City"), which includes its topographic,
geological and landscape features; and
WHEREAS, on June 23, 2011, the City Commission adopted Ordinance No. 13274 to
address foliage and root pruning of Trees in the City; and
WHEREAS, these regulations concern architectural, aesthetic, environmental, cultural,
and historic concerns within the City; and
WHEREAS, the protection of the Tree canopy and environmental features within the City
is of paramount importance; and
WHEREAS, the current iteration of Chapter 17 of the Code of the City of Miami, Florida
("City Code"), as written, is cumbersome to interpret and lacks clarity in certain portions thereof;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 17 of the City Code, entitled "Environmental Preservation" is
amended in the following particulars:1
"ARTICLE I.
TREE PROTECTION IN GENERAL
Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
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File ID: 1399 Enactment Number: 13670
Sec. 17-1. Intent and purpose.
The intent of this article is to protect, preserve and restore the tree canopy within the City of
Miami ("city") by regulating the removal, relocation, pruning, planting and trimming of trees.
The purpose of this article is to assure that the design and construction of all development
activity is executed in a manner consistent with the preservation of existing trees to the
greatest extent possible.
Sec. 17-2. Definitions.
For the purposes of this article, the following words and phrases shall have the meaning
respectively ascribed to them by this section;. Definitions for industry terms are based on the
American National Standards Institute A-300 Standards for Tree Care Operations - Tree, Shrub,
and other Woody Plant Management - Standard Practices (most recent edition; containing all
Parts); International Society of Arboriculture Glossary of Arboricultural Terms (most recent
edition); and University of Florida Institute of Food and Agricultural Science Bulletin SS-FOR-11
Forest Terminology for Multiple -Use Management.
American National Standards Institute A-300 Tree Care Standards Manual ("ANSI A-300
Standards"): is a A tree manual which establishes performance standards for the care and
maintenance of trees, shrubs, and other woody plants. These are the industry standards for
Arboriculture or Urban Forestry used by the industry and many governing agencies as the
minimum standards of practice for care and maintenance of Trees, shrubs, and other woody
plants. These are the generally accepted industry standards for Tree care practices written by
the Tree Care Industry Association (TCIA) to develop consensus performance standards for
Trees, shrubs, and other woody plants.
Applicant: A person who is the owner, authorized agent of the owner, or lessee of a property
under a written lease authorized to apply for a building Tree permit.
Arboriculture: The cultivation, management, and study of woody plants, especially Trees.
Arborist, certified: A person who is certified by the International Society of Arboriculture (ISA)
and is wolf vcrccd in the art of arboriculture, including tree surgery, the prevention and cure of
tree diseases, and the control of insects.
Bark: Protective outer covering of branches and Stems outside of the cambium.
Buildable area: The portion of the site exclusive of the required yard areas as defined by the
zoning ordinance of the city and its successors.
Cambium: A thin layer of cells under the Bark of Trees that produces growth of new tissue.
Canopy: The collective branches and foliage of a Crown of a Tree or group of Tree Crowns,
usually represented as Canopy diameter measured across the Canopy from Drip Line to Drip
Line at an average Canopy width.
Canopy Coverage: The aerial extent of ground within the Drip Line of the Tree, usually
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File ID: 1399 Enactment Number: 13670
represented as square feet of Canopy area.
Certificate of approval: A written document permitting tree removal or development activity
within those areas identified and established as environmental preservation districts or scenic
transportation corridors.
(1) Standard certificate of approval. A written document issued by the preservation
officer for tree permits located within an environmental preservation district.
(2) Special certificate of approval. A written document issued by the historic and
environmental preservation board ("HEPB") where the board must decide if a major
addition, removal or alteration of trees meets the requirements of this article. This certificate
will be considered by HEPB in accordance with the procedures for a special certificate of
appropriateness in subcSection 23 5(0I) 23-6.2 of the City Code, as amended.
Certified Arborist: Also known as a ISA Certified Arborist. A person who has successfully
completed the testing program administered by the International Society of Arboriculture (ISA)
to be an ISA Certified Arborist, with a current valid Certification Number. This person must be
trained and knowledgeable in all aspects of Arboriculture as relevant to the conditions of Trees
within the City.
Certified Arborist Report: A report issued by a Certified Arborist that, at a minimum, shall contain
data for each existing Tree in the applicable Tree Boundary Survey as follows: species; DBH as
defined herein; height; Canopy spread; health condition; opinions regarding current condition;
recommended Tree Activity, if any; and color photographs of Trees which shall depict sufficient
detail to support the opinion of the Certified Arborist.
Code Compliance: The department responsible for the enforcement of the City Code, as further
described in Chapter 2, Article X.
Code enforcement board: The code enforcement board of the city as appointed pursuant to
chapter 2, article X. For purposes of this article, "code enforcement board" shall be
synonymous with and have all powers of the special master. The terms may be used
interchangeably.
Construction: See Development activity.
Controlled tree species: Thoco Ttree species listed in the most recent edition of the Miami
Dade County Landscape Manual which can become invasive in tend to become nuisance!)
because of their ability to invade proximal native plant communities or native habitats, but
which, if when not located in and cultivated properly, may be useful or functional as element!)
of as part of a managed landscape design.
Critical Root Zone: Also known as a CRZ. The CRZ is as large or larger than the minimum
recommended Root area for a Tree as stated in the ANSI A-300 Standards for transplanting
Trees, usually measured and presented as Root ball diameter.
Crown or canopy: The upper part of a tree, measured from the lowest branch, including all
branches and foliage. A portion of an individual Tree above the main Stem, consisting of live
branches and foliage.
Crown Cover: The percentage of a given area that is covered by the vertical projection of the
Crowns of Trees.
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Diameter at Breast Height ("DBH"): The diameter at breast height of a Tree trunk, measured at
four and one half feet (4%2') above ground level (surface grade or soil grade). In the case of
multi -stemmed Trees, the DBH is a calculation of the sum of the DBH of each trunk measured
at four and one half feet (4%2') above ground level.
Dead tree: A tree which has no vital functions. A Tree which is not actively transporting water
and nutrients from Roots to leaves, and is exhibiting symptoms such as decay, brittleness, rot,
non -seasonal defoliation, substantial loss of its branches, or other signs of substantial
deterioration.
Department: The department of code enforcement, or that department/office in which the cods
inspectors -,as defined i ;ate�Tarticle , are located Planning and Zoning, which is
responsible for review and issuance of Tree permits.
Development activity: The carrying out of any building construction that requires issuance of a
permit by the City, including without limitation building construction, additions (including but
not limited to additions of carports, pools, decks, fences, driveways, and parking lots),
modifications, demolition, or making any material alteration to the use or exterior
appearance of any structure or site.
Diameter (DBH): T--he-diamrreter at breast heig„f o t ee'� +r ,nk meas ,roil at height fo it and
one half feet above grade. In the case of multiple trunk trees, the DBH shall mean the sum of
each nk� iameter measured ata height i it and one-half feet abov e
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Drip line: An imaginary vertical line running from the outermost horizontal circumference of the
tree branches and extending to the ground. The area defined by the outermost circumference
of a Tree's branches where water drips from and onto the ground.
Environmental preservation districts: Geographical areas, parcels or corridors, which have
been or may be identified, are established by the city commission as significant natural or
manmade attributes in need of preservation and control because of their educational,
economic, ecological and environmental importance to the welfare of the general public and
the city as a whole. The city's environmental preservation districts are designated in an atlas
kept on file with the department of planning.
Environmentally significant feature: Natural or manmade artifacts, sites or features which
possess attributes in need of preservation and control because of their economic, educational
or environmental importance to the welfare of the general public and the city as a whole.
Environmentally significant features include all trees within the city and specifically designated
natural, topographical or geological formations, mangrove areas, natural hammocks, unique
scenic vistas or transportation corridors and rare and valuable plant material.
Exotic tree species: A plant species that has been introduced from another country or
geographic other regions, and outside its natural range, which may become naturalized or
invasive, is not native to the region to which it is introduced but is not native or indigenous to a
region.
Exotic Species: A Tree that is not native or indigenous to a region and may be invasive.
Fatally diseased tree: A tree has a conditi„n that impairs its normal functioning, as manifested
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is no know effective cure or treatment. which that has been identified with a disease that is not
curable by known industry standard pest control treatments or has visible damage from a
disease and may include secondary stresses related to a disease. A Fatally Diseased Tree may
be considered a High -Risk Tree.
Florida Grades and Standards: The standards for determining the quality of nursery stock being
grown, sold and/or used in landscape projects in Florida. These are based on the Grades and
Standards for Nursery Plants as published by the most current edition of the Florida Department
of Agriculture and Consumer Services.
Girdling: The removal of a strip of bark from around a stem or to ink co as to block the
downward movement of carbohydrates. Girdling used to kill a tree. Tree Abuse in the form of
restriction or destruction of the vascular system within a Root, Stem, or branch of a Tree that
causes inhibition of the flow of water and nutrients, usually accomplished by removal of Bark
and Cambium around all or most of the circumference of a Tree branch or Stem.
Grade: The ground level of a subject property measuring the degree of rise or descent of a
sloping surfa.Gc.
Hatracking {topping): The reduction of tree size using inter nodal cuts without rcgard to trcc
health or structural integrity. Also known as Topping. A form of Tree Abuse in the form of the
reduction of Tree size using heading cuts that shorten limbs or branches back to a
predetermined Crown limit. Hatracking involves indiscriminate cutting back of branches between
nodes.
Hazardous tree: A tree with the potential to fail or fall, in an environment that may contribute to
that failure, and such that-a-per
abatcd by othcr m ns (i.c. pruning, trimming, fruit removal, removal of hazardous limbs).
High -Risk Trees: A Tree that is in a location where risks to persons or property exist, including
Trees that have an identifiable part or parts with a high potential for failing and a high potential
to strike a foreseeable target resulting in significant consequences within a short time -frame.
The determination of whether a Tree is a High -Risk Tree shall be made by the Department upon
assessing the supporting risks.
Homestead Property: A property that receives a homestead exemption as determined and listed
by the Miami -Dade County Property Appraiser's Office. This exemption must be current to be
applicable.
Homestead Resident: A person or persons living in a residence that receive a homestead
exemption as determined and listed by the Miami -Dade County Property Appraiser's Office.
This exemption must be current to be applicable.
I nternode/I nternodal: The region of a Tree's Stem between two (2) successive nodes; length of
a branch or Stem growing between the Nodes.
Landscape manual: The Miami -Dade County Landscape Manual, latest edition, which is the
official landscape manual issued by Miami -Dade County, Florida, and incorporated herein by
reference. The landscape manual, as amended from time to time, is adopted by reference by
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the city and deemed incorporated by reference as if set forth herein. If a conflict arises
between the landscape manual and this article, the latter shall prevail.
Lion's Tailing: A form of Tree Abuse in which the removal of an excessive number of inner,
lateral branches from parent branches results in a Tree having the majority of foliage in the
outer portions of the Canopy.
Main Stem (or Main Trunk): The portion of a Tree between ground level and the point of division
into major branches.
Native tree species: Plant species with geographic distribution indigenous to all or part of
plant species within the meaning of this definition An indigenous species that is normally
found as part of an ecosystem. A species present in a defined area or region of the United
States prior to European settlement.
Node: Slightly enlarged portion of a Stem where leaves and buds arise.
Owner: Any person, entity, corporation, partnership, trust, holding company, limited liability
company or any other legally recognized entity that is the legal, beneficial, or equitable owner
of any interest whatsoever in the property. Owner shall include any purchaser, assignee,
successor, or transferee of any interest whatsoever in the property regarding any provisions of
this article.
Palm (or Palm Tree): Monocotyledonous plant of the Palmacea family. A type of Tree that is an
un-branched evergreen Tree of tropical and warm regions, with a Crown of very long feathered
or fan -shaped leaves, and typically having old leaf scars forming a regular pattern on the Trunk.
Person: As per the definition set forth in section 1-2 of the City Code.
Prohibited tree species: Th e-tree spec that a,e detri-m-entalte t;ve �n-at;ve
wildlife, ecosystems, and human health, safety or welfare. Prohibited tree species includes
those designated in the Miami Dade County A species of Tree listed as a prohibited species in
the current edition of the Landscape Manual and the Ficus Benjamina/Weeping Fig as well as
Weeping Fig Trees (Ficus benjamina).
construction on a subjcct property as dcscribcd in tha Miami Dada County Landscapo
Manual.
Pruning/trimming: The selective cutting of tree or plant parts done to encourage new growth or
better flowering; to remove old stems or deadwood; or to shape trees according to the
incorporated herein by reference. A tree removal permit shall also be required for the pruning
or trimming of tree(s) not in compliance with ANSI 300 Standards.
Public Right -of -Way: See Right -of -Way as defined in Section 55-1 of the City Code, as
amended.
Registered Landscape Architect: A Person who holds a license to practice landscape
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architecture in Florida as authorized by Chapter 481, Florida Statutes.
Replacement or replacement trees: Those tree(s) that are planted for the purposes of
restoring the tree canopy and replacing existing tree(c)-#ese removal was authorized under
this articloAlso known as Mitigation Tree. Trees that are proposed to be used as replacement
for Trees being removed from a property.
Root: The part of a Tree, usually underground, that anchors the Tree to the ground and also
absorbs and conducts water and nutrients to all parts of the Tree.
Root pruning: selective trimming of the plant roots to meet specific goals and objectives for
removal of more than ten percent of a tree's root system . The cutting of Roots to limit their
vertical or lateral growth, the process of pre-cutting Roots behind the line of a planned
excavation to prevent tearing and splintering of remaining Roots, any removal of Roots one inch
(1") in diameter or greater, and/or the removal of more than ten percent (10%) of a Tree's Root
system. Root Pruning of more than ten percent (10%) of a Tree's Root system requires a Tree
Permit.
Roots/root systems: The tree part containing the organs used for extracting water, gases and
nutrients from the soil and atmosphere.
Scenic transportation corridor: Those roadways identified by the state or by the city
commission resolution as having a unique landscape, an expansive tree canopy and/or
unique landscape features that is of substantial environmental or scenic importance to
residents and visitors.
Shrub: A woody, perennial plant separated from a Tree by its lower mature height (generally
under twenty feet (20')1, and showing the lack of a well-defined main Trunk, often multi -
stemmed.
Site plan: A comprehensive plan drawn to scale indicating site elevations, roadways and
location of all relevant site improvements including structures, parking, other paved areas,
ingress and egress drives, landscaped open space and signage.
Sound nursery practices: The practices or procedures of landscape nurseryies that meet or
exceed the Florida Grades and Standards work that comply with the standards set by the
state department of agriculture and consumer services.
Special master: The person(s) appointed pursuant to chapter 2, article X. For purposes of this
article, the special master shall be synonymous with and have all powers of the code
enforcement board. The terms may be used interchangeably.
Spiking: The insertion, whether vertically or horizontally, of foreign objects into the base of the
tree or its root system. Spiking is often used to kill a tree. A form of Tree Abuse in which there is
the hammering or affixing of metal or other material into a Tree to harm the Tree or lower its
commercial value, or any damage to the Trunk of a Tree caused by use of climbing spikes.
Spread: The average diameter of the crown. The average diameter of the Tree Canopy or
Crown as measured across the Canopy in at least two (2) directions from Drip Line to Drip Line
of farthest reaching branches.
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Stems: The main upward axis of a tree consisting of nodes and bearing leaves above the
ground, which serves to support the tree and transport and store food materials.
Specimen tree: A tree with any individual trun-k o-a-multiple-tru tree, t : u; f-he
cxcludcs the following:
{1) Non native fruit trees cultivated or grown for the specific purpose of producing edible
fruit, including bi t not limited to: mangos avocados or monies of nits
{2) Non native species of the genus Ficus; and
{3) All trees in the palm family.
A Tree that is equal to or larger than eighteen inches (18") DBH. Trees that do not qualify as
Specimen Trees are Palms, non-native Ficus species, or any non-native fruit Tree cultivated
as a grove Tree for commercial production of fruit.
Stem(s): The principal axis or wood structure of a plant from which buds, shoots, foliage, and
branches develop.
Tree: Any self-supporting woody plant or palm which usually has a single main axis or trunk,
with a minimum trunk diameter at breast height of two inches and a minimum overall height of
12 feet. This definition excludes pla-Rts which are defined as shrubs, hedges, vines, or ground
A
woody perennial plant, including Palms, usually having only one (1) dominant Trunk and a well-
defined Stem or Stems carrying a more or less definite Crown, usually having a mature height
greater than sixteen feet (16'). A Tree regulated under this Chapter must have a minimum size
of twelve feet (12') overall height with a DBH of two inches (2") or larger. A Palm regulated
under this Chapter must have a minimum height of sixteen feet (16') overall with a DBH of six
inches (6") or larger.
Tree abuse: Tree abuse shall include:
{1) Damage inflicted to any part of a tree, including the root system, by machinery,
construction equipment, cambium layer penetration, storage of materials, soil
compaction, excavation, chemical application/spillage or change to the natural grade;
{2) Hatracking;
{3) Girdling, spiking or bark removal of the trunk;
{/1) Pruning techniques which remove more than 25 percent of the canopy, crown or
living foliage of a tree or otherwise are not in accordance with the current ANSI A300
Standards, unlesc a permit from the city is obtained;
{5) Exce-eive root cutting unless a permit from the city is obtained.
Action that damages a Tree and/or parts of a Tree. Generally, any Tree activity beyond or
against those described in the ANSI A-300 Standards. Examples of Tree Abuse include but are
not limited to Hatracking, Spiking, Lions Tailing, Tree Removal (without a permit), pruning more
than twenty-five percent (25%) of a Tree Canopy in one (1) annual growing season, Root
Pruning that destabilizes a Tree, Girdling, damaging and/or removing sections of Bark, and
damaging and/or removing sections of Cambium.
Tree pruning: Selective trimming of the plant parts to meet specific goals and objectives for
proper tree care and growth. Trimming of the canopy, crown or living foliage of a tree.
Tree Activity: Work that will affect a Tree on a property which includes Tree Removal, Tree
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File ID: 1399 Enactment Number: 13670
Pruning more than twenty-five percent (25%), and Root Pruning more than ten percent (10%) or
trimming of a Root more than one inch (1") in diameter.
Tree Boundary Survey: A survey such as a topographic survey that establishes property lines
and corners of a parcel of land and also locates natural features such as Trees and streams as
well as man-made features such as buildings, fences, improvements, land contours,
easements, and utilities. Tree Boundary Surveys shall be prepared by a professional land
surveyor.
Tree Permit: A permit which is required for any Tree Activity.
Tree Protection Barriers: Barriers, fences, or barricades that are placed around existing Trees to
provide protection during construction on a subject property. Examples are contained in the
Tree Protection Specifications and Tree Protection Details as described in the Landscape
Manual and ANSI A-300 Standards.
Tree Protection Bond: A monetary bond that guarantees specific Trees be protected and will not
be harmed by the construction project and, if harmed, the party will reimburse for the loss.
Tree Protection Zone ("TPZ"): An area defined by a Certified Arborist surrounding the Trunk of a
Tree to protect Roots and soil within at least the CRZ area. This area is necessary to protect
Tree health and stability. The TPZ is an area within which certain activities are prohibited or
restricted, especially during construction or development activity.
Tree pruning permit: A permit which is required for the pruning of more than 25 percent of the
canopy, crown or living foliage of a tree within an annual growing season or one year period
or for pruning which is otherwise not in accordance with the ANSI A 300 Standards.
than ten percent of a tree's root system within an annual growing season or one year period
shall also rcquirc a trcc pruning permit. The dcpartment will not issue more than one permit
per year per specific tree unless exempted by section 17 11 such as following an emergency.
Tree Pruning: Also known as Tree Trimming. The selective cutting of Tree parts done to
remove branches or parts of branches from a Tree's Crown.
Tree removal: The act of cutting down, destroying, moving, relocating, or effectively
destroying through damaging, any tree situated on any real property or public property within
the city.
Tree removal permit: A permit which is required for the removal or relocation of any tree within
the city, unless exempted by section 17 11.
Tree Value: The appraised monetary value for a Tree as calculated by an ISA Certified Arborist
who is specially trained and experienced as a Tree and Landscape Appraiser. Appraisals shall
utilize the Trunk Formula Method within the replacement cost approach of valuation as
described in the most recent edition of the Guide for Plant Appraisal published by the
International Society of Arboriculture. Tree Value may be used to determine reasonable
mitigation requirements for Specimen Trees removed without a permit and/or Specimen Trees
effectively destroyed during construction, including Trees permitted to be preserved or remain
on site that are subsequently effectively destroyed, and may be used as an alternative to the
replacement Tree table for mitigation requirements for Specimen Trees being permitted for
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removal, as approved by the Department.
Trunk: The main or central stem of a Tree.
Viable: A tree, which in the judgment of the department is capable of sustaining its own life
proceccec i inaided by man fora reasonable period of time
Vigor: The capacity of a Tree to grow and resist stress; growing in a healthy condition.
Sec. 17-3. Applicability.
(a) The provisions of this article shall apply to all public or private property within the city,
unless expressly exempted by law.
(b) All Tree Activity as defined in this Chapter require a Tree Permit as described herein.
(c) Any tree removal on a public right-of-way or on property owned by the city shall require
a permit from the public works department, unless it is deemed in writing by the c
works director or the director of the department of code enforcement Director of the
Department or his/her designee that such permit will be an undue burden for the city
and is not in the best interest of the public health, safety and welfare of the city.
(d) All trees located within environmental preservation districts shall also be subject to the
requirements of article 2 of this chapter.
Palms with a DBH of six inches and a heig to„e- 16 feet shall also be suhiect to these
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requirements.
(e) All trees located within natural forest communities shall also be subject to the
requirements of article 3 of chapter 24 of the Miami -Dade County Code, as amended.
(f) All mangrove trees and any tree located upon land which is wetlands as defined in F.S.
§ Section 373.019, Florida Statutes, as amended from time to time, shall also be
subject to the permitting requirements of article 2 of chapter 24 of the Miami -Dade
County Code, as amended.
Sec. 17-4. Tree removal permit or tree pruning permit applications, requirements, review, and
fees.
(a) Permit, when required.
(1) No person, agent or representative thereof, directly or indirectly, shall remove or
relocate any tree situated engage in Tree Activity on any property described in section 17-3
of this Article without first obtaining a tree removal permit and unless exempted by section
17-11 of this Article.
(2) A tree pruning permit shall be required for the pruning of more than 25 percent of the
canopy, crown or living foliage of a tree within an annual growing season or one year
period. A Tree Permit is required for Tree Pruning of more than twenty-five percent (25°1
percent of the canopy, crown, or living foliage of a tree or other pruning not in accordance
with the ANSI A-300 Standards shall be allowed upon presentation of a letter to the city, to
be validated by a certified arborist, with justification as to why the ANSI A-300 Standards
are not applicable.
(3) Pruning of the canopy, crown or living foliage of a tree, in strict accordance with ANSI A-
300 Standards shall be allowed without a permit. A certified arborist letter or other
documentation may be required.
(4) Any removal of roots one inch (1") in diameter or greater and/or the removal of more
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than ten percent (10%) of a tree's root system shall require a tree pruning permit. No root
pruning shall be allowed beyond the aforementioned limits anywhere in the city without a
tree pruning permit except for the pruning of roots when essential for any repairs or
improvements performed by or for the department of public works or capital improvements.
(5) No building permit for any work that has the potential to affect trees, including new
construction, additions, carports, pools, decks, fences, driveways, parking lots, tennis
courts, demolition, or similar work, shall be issued by the building department unless the
zoning department has determined that a tree removal permit or tree pruning permit is not
required or that a valid tree removal permit or tree pruning permit has been issued in
accordance with this article.
(b) Application requirements. Applications shall be made The property owner or authorized
agent shall submit a Tree Permit application to the Department on the Department's Tree
Permit application form provided for those and shall include a written statement
indicating the reasons for the removal or relocation of each tree. The following documentation
and any applicable fccs shall: A Tree Permit application shall include
those supporting documents and plans as required by the Department to provide adequate
description and information to verify the intended Tree Activity, site conditions, proposed
construction and work specifications in order to issue a Tree Permit.
(c)(1) Applications for tree removal in conjunction with new construction, including
ad tionsReeTs dawns shall include the folio,^„ng: Plan requirements. Plans submitted
with a Tree Permit application shall comply with the following:
(1) Commercial properties. Plans for a Tree Permit in conjunction with new construction,
including but not limited to, demolition, additions, pools and decks shall include the
following:
a. A tree Boundary survey, drawn to scale, identifying the tree species, location, and
listing the height, spread and diameter of all existing trees. The tree Boundary
survey shall illustrate the location of all existing structures, the location of any
overhead and/or underground utilities and the right-of-way limits, edges of
pavement, including all trees within the right-of-way. This survey shall be prepared
by a professional land surveyor, licensed in the state.
b. Applications for a building permit or tree removal shall also include a A tree
disposition plan drawn to scale identifying and listing all existing trees and specifying
the condition of each tree, the TPZ radius and whether said trees are to remain, to
be removed and/or to be relocated. The tree disposition plan shall also contain the
value of specimen trees that are listed to remain and/or to be relocated. The
valuation of trees shall be appraised using the Council of Tree and Landscape
Appraisers Guide for Plant Appraisal, latest edition. The tree disposition plan shall
superimpose all proposed new construction, an4 the new locations of existing trees
to be relocated on site over the tree survey plan information-, and an accurate
depiction of the CRZ and Canopy of the Trees to remain and/or be relocated. For
applications involving the construction of a new building(s), the tree disposition plan
shall be prepared by and bear the seal of a landscape architect currently licensed in
the state, or by persons authorized by F.S. ch. Chapter 481, Florida Statutes, as
amended, to prepare landscape plans or drawings.
c. A Tree protection plan depicting all Trees to remain and/or be relocated on site with a
depiction of the Tree's TPZ.
City of Miami Page 11 of 23 File ID: 1399 (Revision: C) Printed on: 3/20/2025
File ID: 1399 Enactment Number: 13670
d. When applicable, an assessment on all existing Trees with Tree specifications. For
Trees and/or Palms proposed for relocation, Tree relocation specifications in accordance
with ANSI A300 Standards shall be provided to the Department. Additional information
such as the TPZ, CRZ, Tree protection and/or Tree Pruning recommendations may be
required for Trees to remain and/or be relocated. The assessment shall be prepared by
an ISA Certified Arborist.
(2) Single family or duplex properties. Applications for tree removal Plans for a Tree Permit
in conjunction with single famil„ or two-family dwellings (homestead properties) or any other
&hall new construction, including but not limited to demolition, additions, pools, and decks
shall include the following:
a. A site plan drawn to scale, or existing property survey prepared by the owner or the
owner's representative, identifying the location of the tree, the species and listing the
height, spread and diameter of all existing trees. Said site plan may be limited to the
immediate area of the proposed work.
b.
tree disposition plan drawn to scale, prepared by the owner or the owner's
representative, or such plan incorporated onto an existing property survey, listing all
existing trees and specifying the condition of each tree and whether said trees are to
remain, to be removed and/or to be relocated. This plan shall also illustrate the
location of all existing structures and/or all proposed new construction, the location
of any overhead and/or underground utilities and the new locations of existing trees
to be relocated on site.
c. When applicable, an assessment on all existing Trees with Tree specifications. For
Trees and/or Palms proposed for relocation, Tree relocation specifications in accordance
with ANSI A300 Standards shall be provided to the Department. Additional information
such as the TPZ, CRZ, Tree protection and/or Tree Pruning recommendations may be
required for Trees to remain and/or be relocated. The assessment shall be prepared by
an ISA Certified Arborist.
(3) Plans for a Tree Permit unrelated to construction shall be drawn to scale using a site
plan or existing property survey prepared by the owner or owner's authorized
representative.
All applications shall have a tree replacement plan/landscape plan drawn to scale that
illustrates all proposed new construction, new locations of relocated trees, and new
replacement tree locations that complies with the requirements of section 17-6 of the City
Code, entitled "Tree replacement." For applications involving the construction of a new
building(s), the tree replacement plan shall be prepared by and bear the seal of a landscape
architect currently licensed in the state, or by persons authorized by F.S. ch. Chapter 481,
Florida Statues, as amended, to prepare landscape plans or drawings. Tree replacement
plan/landscape plan submitted for a one -family or two-family dwellings (homestead property)
may be in the form of a site plan drawn to scale prepared by the owner or the owner's
representative.
(45) Anytime construction or development is to be undertaken, a tree protection bond equal
to the value of the specimen tree(s) to remain and/or to be relocated shall be posted,
except for properties which have Homestead Exemption, pursuant to Section 196.075,
Florida Statutes, and show proof thereof. The bond shall remain in effect for one year after
City of Miami Page 12 of 23 File ID: 1399 (Revision: C) Printed on: 3/20/2025
File ID: 1399
the final certificate of occupancy is issued.
{5) Tree removal and tree replacement for homestead residents (homestead lots) are to
comply with the following alternate requirements:
Enactment Number: 13670
tree removal permit. Tree replacement shall be required at a one to one ratio upon written
confirmation from the city.
b. Any removal of a specimen tree, native tree or native palm species shall require a tree
removal permit and shall comply with the standard tree replacement quantities and
requirements.
a tree removal permit attached with a letter from a certified arborist or horticulturist
confirming that the tree is hazardous, fatally diseased, or dead. The department may
require photographs of the tree(s) depicting the hazardous condition, signs or symptoms of
documentation such as a hazard tree analysis, laboratory analysis report, or relevant
ccicntific litcraturc. Aftcr obtaining a trcc rcmoval permit, the designated tree(s) may be
removed without the need for tree replacement.
d. Prohibited trees may be removed after obtaining a tree removal permit. The department
may require photographs of the tree(s) to support the identification of the tree species.
Prohibited trees may be removed without the need for tree replacement.
c. Homcct d residcnts may obtain a trcc rcmoval permit for their property on an expedited
basis.
(Gd) Review of application. Upon receipt of a completed Tree Permit application, the
department of code enforcement (herein referred to as "department") shall review said
application for compliance with the regulations as set forth in this article. Such review €kaaaf
may include a field inspection of the site and referral of the application to other departments or
agencies as necessary. Within 15 calendar days of the receipt of a completed application, the
the permit request. The Department shall take a reasonable amount of time to review and
respond to applicants regarding Tree Permit applications, generally completing the initial review
within fifteen (15) business days and thereafter providing the intended decision notice upon final
approval the Tree Permit application.
(8e) Notice. Within 2-4-forty-eight (48) hours of issuing the intended decision for a tree removal
permit, the department shall notify the applicant and post a notice of the intended decision on
or adjacent to the subject property in a location where it is visible to the general public. The
posting shall provide a general description and location of the proposed tree(s) on sitc to be
removed or other action requiring the tree removal permit Activity contained in the Tree
Permit. The intended decision shall also be sent to the home owners' associations registered
with the neighborhood enhancement team ("NET") in that area.
(ef) Issuance of permit. If no appeal,- in accordance with section 17-8 of this Article; is timely
filed received within ten (10) calendar days of the issuance of the intended decision, the tree
pruning permit or tree removal permit, if originally approved by the department, shall be
issued. The property owner shall insurcensure that the tree removal permit is displayed until
the authorized work is completed.
(fg) Fees. Fees shall be as established pursuant to section 10-4 of the City Code, as
City of Miami Page 13 of 23 File ID: 1399 (Revision: C) Printed on: 3/20/2025
File ID: 1399 Enactment Number: 13670
amended, "Building permit fee schedule." Applications from government agencies for tree
removals in areas dedicated to public use may, at the discretion of the city commission, be
exempted from application fees and permit fees by resolution.
(gh) Final inspection. No later than six (6) months following the completion of the authorized
work, the applicant shall schedule a final inspection with the department for verification and
acceptance of the final authorized work.
Sec. 17-5. Criteria and conditions for tree removal and relocation Permits.
(a) Criteria for tree removal Permits. No permit shall be issued for tree removal unless one
of the following criteria exists In determining whether a Tree Permit should be issued, the
Department will consider the following criteria:
(1) Whether the tree is located in the buildable area or yard area where a structure or
improvement may be placed and the tree unreasonably restricts the permitted use of the
property. Trees located in the property frontage (within the fifteen (15)_-foot setback), are
not considered located within the buildable area or yard. Ingress and egress to garages are
not considered buildable or yard areas. Trees on a public right-of-way shall not be
considered for removal because they restrict ingress or egress to the garages or parking on
the site, except if there is no other reasonable access to and from the structure or to the
property from the public right-of-way. This restriction shall be waived by either the director
of code enforcement when it relates to the private property and/or by the director of public
works when it relates to the public right of way.
(2) Whether the tree is diseased, injured or in danger of falling; interferes with utility service
determined by a trained and experienced vegetation management or line clearance employee
and/or Person; creates unsafe vision clearance within a sight triangle or other legal Right -of -
Way; or is in danger of materially impairings the structural integrity of an existing structure.
(3) Whether the Tree is deemed a High -Risk Tree, fatally diseased or dead. The Department
may require supporting documentation confirming that the Tree is a High -Risk Tree, fatally
diseased or dead and cannot be abated by other means (i.e. pruning, trimming, fruit removal,
removal of hazardous limbs); photographs of the Tree(s) showing the conditions, signs or
symptoms of the Tree; any laboratory analysis or relevant scientific literature; and any other
potential supporting documentation.
(4) Whether the Tree is a Prohibited Tree Species. The Department may require photographs of
the Tree(s) to support identification of the Tree Species. Prohibited Tree Species may be
removed without the need for a Replacement Tree.
(5) Whether ;the tree is an exotic tree species and will be replaced with a native tree
species to promote good forestry practices; creates a health hazard; interferes with native
tree species; or creates a negative impact on natural land features such as rock
outcroppings, sink holes or other geological, historical or archeological features.
(46) It is in the interest of the general welfare of the public that the tree be removed for a
reason other than set forth above. Any other relevant criteria the Department deems
appropriate to consider in order to make a determination.
(b) Conditions for Issuance of a tree removal, relocation and replacement Permit. Any or all
of the following conditions may be required by the Department prior to issuance of a Tree
City of Miami Page 14 of 23 File ID: 1399 (Revision: C) Printed on: 3/20/2025
File ID: 1399 Enactment Number: 13670
Permit:
(1) The applicant may be required to redesign the project to preserve specimen tree(s) or
any other tree determined by the department to be of substantial value because of its
species, size, age, form and/or historical significance, and to provide an alternate plan that
includes the adequate preservation of said tree(s) and design alterations within the scope
and intent of the initially proposed plan.
(2) Where practical, specimen trees or any other tree determined by the department to be
of substantial value because of its species, size, age, form and/or historical significance,
proposed for removal, shall be relocated on or off -site within the Commission District of the
subject property. The applicant shall adhere to acceptable tree relocation standards and
specifications. The department may require a certified arborist to monitor the root pruning
and tree relocation preparation efforts on site and to provide documentation certifying that
the work was accomplished according to acceptable tree relocation standards and
specifications.
(3) If it is impractical to relocate said tree(s) either on or off -site, because of age, type or
size, the applicant shall be required to replace all trees permitted to be removed in
accordance with the tree replacement requirements in section 17-6.
(4) The department may require that the applicant provide a written report from a certified
arborist before making any determinations in conjunction with this section Article. The
department may also require monitoring by a certified arborist during construction and/or
Tree Activity requiring a Tree Permit to assure tree preservation.
Sec. 17-6. Tree replacement.
(a) Tree replacement chart. The tree replacement chart 17.6.1.1 below, shall be used to
determine the total number and size of trees that shall be planted as replacement
trees for all trees permitted to be removed. The replacement trees are based on the
diameter in inches (DBH) of the trees to be removed. To determine the required
replacement trees, calculate the total sum in inches of the diameters of all trees to be
removed. This sum will result in one single number in inches that represents the
combined total of the diameters of all trees to be removed. Diameter measurement
shall be rounded up to the nearest inch.
Chart 17.6.1.1
Tree Replacement Chart
Total diameter of
tree(s) to be
removed (sum of
inches at DBH)
Total number of
replacement trees required
OR
Total number of
replacement trees required
(where each Replacement
Contribution
to Tree Trust
(where each Replacement
Fund
Tree is a minimum of 2"
Tree is a minimum of
DBH minimum each: x 6'
4"minimum each: DBH x 8'
spread in Canopy x 12' in
spread in Canopy x 16' in
height)
height)
2"-3"
1
or
0
$1,000.00
4"-6"
2
or
1
$2,000.00
7"-12"
4
or
2
$4,000.00
13"-18"
6
or
3
$6,000.00
19"-24"
8
or
4
$8,000.00
25"-30"
10
or
5
$10,000.00
City of Miami
Page 15 of 23 File ID: 1399 (Revision: C) Printed on: 3/20/2025
File ID: 1399
Enactment Number: 13670
31"-36"
12
or
6
$12,000.00
37"-42"
14
or
7
$14,000.00
43"-48"
16
or
8
$16,000.00
49"-60"
20
or
10
$20,000.00
(1) If the sum of the diameter of trees to be removed exceeds a total of sixty inches (60"),
the additional inches shall be added cumulatively from the top of the chart, down to
the bottom of the chart, to calculate the number of trees required as replacement
trees.
(2) Up to thirty percent (30%) percent of the two-inch (2") DBH replacement tree
requirement may be met by native species with a minimum height of tight ten feet
(10') and a minimum DBH of one and one-half inches (1 %2") at time of planting.
(3) The removal of a Palm shall be replaced with two (2) Palms at sixteen feet (16') overall
height with a six-inch (6") DBH or one (1) Tree at twelve feet (12') overall height with a
two-inch (2") DBH. Native palms of a fourteen foot (141 foot minimum overall height
and minimum DBH of three inches (3") at time of planting shall count as a required two-
inch (2") DBH replacement tree on the basis of two (2) palms per required tree. No
more than thirty percent (30°1 percent of the required replacement trees shall be
palms.
(b)Tree species. Tree(s) installed as replacement trees shall be of a native or non nativc
invasive species and shall be planted at grade or ground level according to ISA ANSI A300
best management practices manual, incorporated herein by reference. When more than ten
trees are installed as replacement trees, a diversity of species shall be required as per chart
17.6.2.1 tree species diversity chart, below.
Chart 17.6.2.1
Tree Species Diversity
Required number of trees
Required minimum number of species
11-20
2
21-50
4
51 or greater
6
(b) Prohibited species Tree Replacement Alternatives. Replacement trees are not
required for the removal of any prohibited species except Ficus alti-lima (Lofty Fig)
and Ficus bcnghalcncis (Banyan Trce). No fees will be a-se-sed for removal of
prohibited tree species.
1 Replacement Trees for Homestead Properties may comply with the following alternatives:
a. The removal of a non-specimen/non-native Tree, a Controlled Tree Species or a Palm
species shall be replaced with a native species at a one-to-one ratio upon written
confirmation from the Department. Replacement shall be of minimum replacement size
at two inches (2") DBH and twelve feet (12') overall height.
b. Trees authorized for removal from lots that meet the minimum lot Tree requirements,
as described in Article 9 of the Miami 21 Code, shall be replaced at a one-to-one ratio,
excluding Specimen Trees and Trees effectively destroyed as a result of Tree Abuse.
c. Homestead Properties that remove Trees without a proper Tree Permit must comply
City of Miami Page 16 of 23 File ID: 1399 (Revision: C) Printed on: 3/20/2025
File ID: 1399 Enactment Number: 13670
with the standard Replacement Tree quantities and requirements and may not avail
themselves of these alternatives.
2. Prohibited Tree Species may be removed after obtaining a Tree Permit. Replacement Trees
are not required for the removal of any Prohibited Tree Species as listed in current edition of the
Miami -Dade County Prohibited Species List, except Lofty Fig (Ficus altissima) and Banyan Tree
(Ficus benghalensis) which are subject to the provisions of this Article. No fees will be assessed
for Tree Removal of Prohibited Tree Species.
3. The City Manager or designee, after a recommendation of the Department, may adjust the
requirement of Replacement Trees for affordable housing developments that are procured by
the City and/or funded by the City, regardless of the source of funds.
(d) Tree quality. After issuance of a Tree Permit, Trees installed as replacement trees in
accordance with this section shall conform to, or exceed, the minimum standards for Florida
Number One as provided in the most current edition of "Florida Grades and Standards for
Nursery Plants, Part I and II," prepared by the state department of agriculture and
consumer services, and incorporated herein by reference. Trees shall be planted according
to sound nursery practices as illustrated in the landscape manual.
(e) Off -site replacement trees. If the total number of trees required a& replacement trees
cannot be reasonably planted on the subject property, the applicant may enter into a-14
written agreement with the city, as approved by the department, to plant the excess
replacement trees on public property within the city commission district of the subject
property. If the Department confirms and verifies that Replacement Trees cannot be planted
within the City Commission District of the subject property due to capacity issues, the
Department may approve the planting of the excess Replacement Trees in other parts of
the City. An alternative to off -site replacement is provided in subsection (f), relating to the
contribution to the tree trust fund. Applicants may do both to the extent that they should
proffer to do so.
(f) Tree trust fund. If the total number of trees required as replacement trees cannot be
reasonably planted on the subject property, the applicant shall contribute to the city's tree
trust fund the gum of $1,000.00 for each two inch DBH tree rcquircd as rcplaccmcnt trccs
in accordance with chart 17.6.1.1. A city resident with current proof of residency and
homestead status shall contribute $500.00 for each two inch DBH trcc rcquircd ac;
replacement trees in accordance with chart 17.6.1.1, one time during a calendar year on his
or her homestead property. An addition or an alternative to contributing to the tree trust
both to the extent that they should proffer to do so.lf the Department determines that an
applicant is not able to comply with the planting of Replacement Trees either onsite or off -
site as required by this Section, then the applicant shall make a financial contribution into
the City's Tree trust fund prior to issuance of the Tree Permit as follows:
1. Non -Homestead Properties. The contribution shall be equal to one thousand
dollars ($1,000.00) for each two-inch (2") DBH Tree required in accordance with
Chart 17.6.1.1.
2. Homestead Properties. The contribution shall be equal to five hundred dollars
($500.00) for each two-inch (2") DBH Tree required in accordance with Chart
17.6.1.1 per calendar year. If additional Tree Permits are issued in the same
calendar year, the subsequent contribution shall be equal to one thousand
City of Miami Page 17 of 23 File ID: 1399 (Revision: C) Printed on: 3/20/2025
File ID: 1399 Enactment Number: 13670
($1,000.00) for each two-inch (2") DBH Tree required in accordance with Chart
17.6.1.1.
(g) Completion. The (Replacement tTree process shall be completed prior to the issuance
of a certificate of occupancy or temporary certificate of occupancy. Moreover, the approval
of a tree relocation or tTree removal pPermit is contingent on any requirements set forth in
subsections (a) through (f) above.
(h) Maintenance of relocated and Replacement Trees. Trees that are relocated or replaced
must be maintained in a healthy growing condition and guaranteed for a period of at least one
(1) year unless otherwise authorized by the Department in writing.
Sec. 17-7. - Tree protection.
(a) Tree protection during construction. Trees shall be protected during construction
activity as determined by the building department through the use of protective
barriers in accordance with the landscape manual. Trees that are to remain shall be
clearly identified with tags. A protected area with a radius of ten feet shall be
maintained around trees to remain in accordance with the landscape manual, unless
a certified arborist otherwise determines in writing that a smaller or larger protected
ar . raccept to for eachrtee or an alternative tree protection method is
approved. Tree Protection Barriers shall be maintained around the Trees in
accordance with the Tree protection plan approved by the Department.
Prior to and gduring demolition, and/or development, or construction, including installation of
irrigation systems or any other underground installations, protective barriers shall be placed
around the perimeter of each Tree's TPZ eaee and shall remain in place in order to
prevent the destruction or damaging of roots, stems or crowns of such trees. The barriers
shall remain in place and intact until approved landscape operations begin; however, barriers
may be removed temporarily to accommodate construction needs, provided that the manner
and purpose for such temporary removal will not harm the trees. The trees shall be properly
irrigated throughout the building process. Trees damaged during construction shall be subject
to the provisions of section 17-9.
(b)Reserved Other Tree requirements. Property owners shall protect the Trees designated for
preservation in the approved Tree Permit from chemical poisoning, excavation, grade changes,
and any other potential Tree Abuse to at least the following minimum standards:
1. Utility line trenches. Utility line trenches and/or directional borings shall be routed
away from the Trees to an area outside the TPZ to the maximum extent possible.
2. Parking on site during construction or development activities. No parking, vehicle
maintenance, storage of construction materials or debris, or cleaning of equipment shall
take place within areas marked for preservation specifically including, but not limited to,
within the TPZ of any individual Trees or cluster of Trees.
Sec. 17-8. - Appeals, appellate fees.
(a) Appeals to the historic and environmental preservation board ("HEPB"). The property
owner, the applicant, or any aggrieved party having standing under state law, may appeal
to the HEPB any decision of the department on matters relating to applications for tree
removal permits, except for tree removal permits granted to the departments of public
City of Miami Page 18 of 23 File ID: 1399 (Revision: C) Printed on: 3/20/2025
File ID: 1399 Enactment Number: 13670
works or capital improvements program, by filing a written notice of appeal to the
preservation officer, as established in scction 62 191 Chapter 23 of the City Code, within
ten (10) calendar days after the date of the intended decision. The notice of appeal shall
include the decision appealed from and the reasons or grounds for the appeal. HEPB shall
hear and consider all facts material to the appeal. HEPB may affirm, modify or reverse the
decision of the department.
All appeals to the HEPB in accordance with this scction Article shall be accompanied by a fee
of $315.00.,. However, no fees shall be assessed except for appeals initiated by an owner of
property which abuts the subject property for abutting property owners, as defined in the
Miami 21 Code, for which a tree removal permit is sought„ including properties located across
a street or al ;, m the-subject-p,pert Appeals by a nonprofit corporation dedicated to
conservation and protection of the natural and physical environment, or appeals by a
homeowners association; as defined by F.S. ch. Chapter 720, Florida Statutes, as amended,
which has one (1) member who owns property within five hundred feet (5001feet of the
subject property shall pay a reduced appeal fee of $157.50.
(b) Appeals to the city commission. The property owner, the applicant, the department, or any
aggrieved party having standing under state law, may appeal to the city commission any
decision of the historic and environmental preservation board HEPB on matters relating to
applications for tree removal permits by filing a written notice of appeal with the department of
hearing boards within fifteen (15) calendar days after the date of the decision. The property
owner, the applicant, or any aggrieved party having standing under state law may appeal to
the city commission any decision by the Department on matters relating to Tree Permit
applications for tree removal permit granted to the departments of public works or capital
improvements Program or to their contractors, by filing a written notice of appeal with the
department of hearing boards, within fifteen (15) calendar -days after the date of issuanGc the
permit intended decision. The notice of appeal shall include the decision appealed from and
the reasons or grounds for the appeal. The city commission shall conduct a hearing de novo
as a body of original jurisdiction, upon any appeal and/or review from an appealable decision
under the terms of this ordinance, as amended. New evidence or materials may be received
by the city commission where such evidence or materials are pertinent to a determination of
the appeal. The city commission may hear the testimony of witnesses and/or any other
evidence offered by any person aggrieved or by any officer, board or agency of the city
affected thereby or by any interested party having an interest in the appeal under state law
and may, in conformity with this article and other applicable laws, rules and regulations,
render its decision. The city commission shall hear and consider all facts material to the
appeal and may affirm, modify or reverse, in whole or in part, with or without conditions,
HEPB's decision, or may grant or deny the appeal of the tree removal permit issued to the
departments of public works and capital improvements.
All appeals to the city commission in accordance with this section shall be accompanied by a
fee of $500.00525.00, plus $34.50 per mailed notice to the adjacent owners within a five
hundred (500L-foot radius. A certified list of said adjacent owners shall be provided with all
appeals. However, no fees shall be assessed for appeals initiated by an owncr of property
which abuts the subject property abutting property owners, as defined by the Miami 21 Code,
for which a tree removal permit is sought_, including properties located across a street or alley
from the subject property aAppeals by a nonprofit corporation dedicated to conservation and
protection of the natural and physical environment, or appeals by a homeowners association,
as that term is defined by F.S. ch. Chapter 720, Florida Statutes, as amended, which has one
(1j member who owns property within five hundred feet (5001feet of the subject property
City of Miami Page 19 of 23 File ID: 1399 (Revision: C) Printed on: 3/20/2025
File ID: 1399 Enactment Number: 13670
shall pay a reduced appeal fee of $262.50.
The decision of the city commission shall constitute final administrative review, and no petition
for rehearing or reconsideration, shall be considered by the city. Appeals from decisions of the
city commission may be made to the courts as provided by the Florida Rules of Appellate
Procedure.
(c) Notice. All public hearings on appeals shall be noticed as follows. Notice of the time and
place of the public hearing shall be mailed at least ten (10) calendar days in advance of the
hearing to the owner of the subject property and the owners of the adjacent properties. At
least ten (10) calendar days in advance of the hearing, a sign, in compliance with the
provisions of cSection 62 129(2)a 62-19 of the City Code, shall be posted on the subject
property.
(d) No tree removal permitted during an appeal. Upon timely submission of an appeal made
pursuant to the requirements of this section, new construction and removal of any trees
which could be affected by the subject appeal is prohibited, pending final disposition of the
appeal. A violation of this subsection will automatically result in an additional five hundred
dollars ($500.001 fine payable to the city's tree trust fund for each separate violation of this
section.
Sec. 17-9. - Enforcement.
(a) Jurisdiction. The department Code Compliance shall have jurisdiction for the proper and
effective enforcement of this article, under chapter 2, article X entitled code enforcement. The
department Code Compliance shall have the right to inspect subject properties in accordance
with the approved tree removal permit and the provisions of this article. The Department shall
work with Code Compliance to ensure effective enforcement of this Article. Upon notification
by Code Compliance and/or the Department, the Building Official may immediately issue a stop
work order for any work that contributes to the violation of this Article. A stop work order shall
remain in effect until the violation has been corrected, including payment of all fines.
(b) Individual enforcement. Each tree removed, relocated or illegally pruned without a tree
removal permit shall constitute a separate and distinct violation and shall be the subject of
individual enforcement.
Sec. 17-10. - Penalties, remedies cumulative.
(a) Fine. Any person, or agent thereof, who removes a tree without a tree removal permit,
to $5,000.00 per day per violation for every repeat violation of this ordinance, or a greater
section 17 6. Each tree removed without a tree removal permit shall constitute a separate
and distinct violation, subject to a scparate fine and tree replacement pursuant to section
17 6.Any property that violates this Article shall be subject to the following penalties:
1. Non -Homestead Properties. For every Tree that has been the subject of Tree
Activity without a Tree Permit or the subject of Tree Abuse, a fine of one
thousand dollars ($1,000.00) per Tree shall be imposed.
2. Homestead Properties. For every Tree that has been the subject of Tree Activity
City of Miami Page 20 of 23 File ID: 1399 (Revision: C) Printed on: 3/20/2025
File ID: 1399 Enactment Number: 13670
without a Tree Permit or the subject of Tree Abuse, a fine of five hundred dollars
($500.00) per Tree shall be imposed.
3. Said fines are appealable to the Code Enforcement Board pursuant to Chapter
2, Article X of the City Code.
4. Any property that has had a previous fine for a violation of this Article within the
past five (5) years may receive a fine as stated in this Section and shall also be
automatically referred to the Code Enforcement Board pursuant to Chapter 2,
Article X of the City Code and subject to enhanced penalties of five thousand
dollars ($5,000.00) per day per violation pursuant to Section 162.09, Florida
Statutes.
5. Nothing in this Article shall prohibit the City from enforcing this Article by any
other means. The enforcement procedures outlined herein are cumulative to all
others and shall not be deemed to be prerequisites to filing suit for the
enforcement of any Section of this Article.
(b) Tree replacement required. The planting of replacement trees shall be required, in
addition to the monetary fines assessed pursuant to this article. The number of trees
required as replacement for each tree that was removed without a permit is provided in
chart 17.10.2.1, the tree replacement chart, for trees removed without a permit, below. If the
total number of trees required as replacement trees cannot be reasonably planted on the
subject property, the applicant may contribute to the city's tree trust fund in the amount
provided in chart 17.10.2.1.
Chart 17.10.2.1.
Tree Replacement Chart for Trees Removed Without a Permit
Diameter
(DBH of
each tree
removed
without a
permit
Number of replacement
OR
Number of replacement
OR
Contribution into
Tree Trust Fund
trees required DBH
trees required DBH
(2"
minimum each: 12'
('I"
minimum each: 16'
minimum heightTotal
minimum height) Total
number of Replacement
number of Replacement
Trees required (where
Trees required (where
each Replacement Tree is
each Replacement Tree is
a minimum of 2" DBH x 6'
a minimum of 4" DBH x 8'
spread in Canopy x 12' in
spread in Canopy x 16' in
height)
height)
2"-3"
2
or
1
or
$42,000.00
4"-6"
4
or
2
or
$24,000.00
7"-12"
8
or
4
or
$48,000.00
13"-18"
12
or
6
or
$612,000.00
19"-24"
16
or
8
or
$816,000.00
25"-30"
20
or
10
or
$4920,000.00
31"-36"
24
or
12
or
$4224,000.00
37"-42"
28
or
14
or
$4428,000.00
43"-48"
32
or
16
or
$4632,000.00
49"-60"
40
or
20
or
$2040,000.00
If the sum of the diameter of trees to be removed exceeds a total of sixty 68 inches (60"), the
City of Miami
Page 21 of 23 File ID: 1399 (Revision: C) Printed on: 3/20/2025
File ID: 1399 Enactment Number: 13670
additional inches shall be added cumulatively from the top of the chart, down to the bottom of
the chart, to calculate the number of trees required as replacement trees. If the exact DBH
cannot be determined for Trees removed without a permit, established industry practices shall
be used to determine an estimated DBH, as approved by the Department.
(c) High -Risk Trees. Trees that are High -Risk Trees, as a result of Tree Abuse, are subject to
the Replacement Tree requirements of Section 17-10(b) of the City Code. Hiqh-Risk Trees that
result from any other reason are not subject to Replacement Trees.
(Gd) Tree viability after project completion. If the department determines that any tree is not
viable, alive and growing one year after all associated development tree activity on the
property is completed, the department shall require that said tree be replaced with the same
tree species and size which was originally planted or relocated, as per the approved tree
removal permit.
(4e) Withholding of a new building permit. The removal of aAny tree Activity in violation of
this article shall constitute grounds for withholding new building permits directly related to
said tree removal Activity until the violation has been corrected, including payment of all
fines and planting of all required replacement trees as pursuant to this section.
Alternatively, in order to obtain the new building permit, the person in violation may post a
payment and performance bond pursuant to F.S. §Section 255.05, Florida Statutes, as
amended, naming the city as obligee. The bond shall be in the amount of ten percent (10%)
of the construction cost or ten percent (10%) of the appraised value of the property, if no
construction exists. The bond will remain in place until the violation has been corrected,
pursuant to this section. In the event a bond is not feasible, the city may accept an
irrevocable, unconditional letter of credit, in the previously stated percentages, naming the
city as payee.
(ef) Withholding of a certificate of occupancy. The department shall not approve the zoning
inspection required for a temporary or final certificate of occupancy until all Tree Permits
have been finalized and violations of this article have been corrected, including the payment
of all fines and the planting of all replacement trees required as mitigation, pursuant to this
section.
(fg.) Remedies cumulative. The remedies provided in this section shall be cumulative to all
remedies provided by law and/or equity, and the election of one shall not preclude the
other.
(gh) Costs and fees. In the event the city institutes any civil action to enforce the provisions
of this article in a court of competent jurisdiction, if the city succeeds as prevailing party, it
shall be entitled to recover the fines assessed pursuant to the violation(s), the cost of
replacement trees required as mitigation, the costs associated with the investigation and
prosecution including reasonable attorney fees, and any equitable and/or legal remedies
assigned by the court.
Sec. 17-11. - Exemptions.
The following are exempt from the provisions of this article:
(1) Any tree growing in a botanical garden, or a licensed plant or tree nursery business.
(2) When the city manager or designee determines, in writing, that tree removal permitting
City of Miami Page 22 of 23 File ID: 1399 (Revision: C) Printed on: 3/20/2025
File ID: 1399 Enactment Number: 13670
requirements will impede private or public work to restore city order after a declared state of
emergency by the city commission.
(3) The immediate removal of any tree during or following an emergency or an ant of nature
or a that presents a life safety issue, by demonstrating to the city, following the review and
recommendation of the department, which may require photographic proof revised and/or
other supporting documentation, to help determine the condition of the tree prior to its
removal which:.
a. Cr tcs a life safety issue;
b. Prevents a person from the use or enjoyment of the property;
c. Prevents further damage.
(4) Nothing in this article shall be construed to prevent the pruning or trimming of trees
where necessary for proper landscape maintenance and safety, provided that the pruning
or trimming of trees is done in accordance with ANSI A-300 Tree Care Standards and the
guidelines illustrated in the landscape manual.
Secs. 17-12-17-25. Reserved.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 1/3/2017
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 23 of 23 File ID: 1399 (Revision: C) Printed on: 3/20/2025