The Warren S. Henderson Wetland Protection Act, passed by the Florida legislature in 1984, prevents any logging activity that significantly alters wetlands or affects the river and water in, around, or through a wetland. Extensive logging or clear-cutting of cypress trees would violate this law. The rationale for the removal regulation is that trees are an important part of the ecosystem. They help filter the air and lower temperatures in summer. Trees also protect against soil erosion and are home to a range of birds, insects and other animals. The state`s new law (HB 1159), which allows owners to cut down trees without a permit, is worrisome. There are likely unhealthy trees that need to be removed before hurricane season plunges them into power lines and buildings, but cutting down trees without proper consideration is not an ecologically – or economically – healthy solution in the long run. There are gaps in the legislation that can circumvent proper scrutiny. You also no longer need to replant the tree that has been pruned, pruned or removed. Permits are still required to remove healthy, harmless trees until they are exempt from the Planning Act.
The new legislation does not apply to the protection of mangroves. The bill also does not require a homeowner to replace a fallen tree. Why not protect the value of the property and replace a lost tree with one that can withstand hurricane-force winds? The University of Florida conducted a study after the devastating hurricane seasons of 2004-2005 that identified the trees most resistant to wind damage (tinyurl.com/windandtrees). Trees at the top of this list include sand oak, live oak, sabal palm (as long as they are not over-pruned and weakened by the inappropriate name “hurricane size”), southern magnolia, bare cypress, Yaon`s holly, winged elm, and crab myrtle. These species offer all the benefits of trees and have a better chance of surviving a hurricane. A 2019 state law prohibits the local government ordinance on felling trees on private property. The new legislation removes fees and eliminates the need to obtain a permit or application from the local community, giving homeowners more freedom to prune, prune or remove trees from their property. However, this does not mean that they have a free hand to do what they want with the trees. A beautifully landscaped lawn or garden embellishes the appearance of a property. Large, healthy and safe trees in the garden increase the value of a property. However, there is a risk of damage caused by fallen branches or branches.
Trees are prone to breakage, especially during storm season. Because Florida is one of the most hurricane-prone states in the country, people need to be more proactive in preparing their trees to withstand the elements. Homeowners who decide to cut down a potentially dangerous tree should consider replacing it with one or more hurricane-resistant trees. No tree is 100% storm resistant, but planting a UF list tree offers a better chance of success — and a revitalized yard, environment, and city. I am by nature to cherish every tree I am lucky enough to have on my property and silently miss those who remove all the trees from their property. (The irony is evident in the new community of New Smyrna Beach called Coastal Woods.) However, I think it is an infringement on the rights of property owners to burden them by requiring third parties to authenticate the right to remove all trees on their property. Another exception is not certain species of trees, but the area in which they are found. A covered road protection zone is an area where most of the canopy comes from native trees. If your property borders one of these roads, the trees on your property can be protected from removal. This is part of the general philosophy that everyone benefits from trees, no matter where they are and who owns the property they are sitting on.
While determining private property is a general rule, there are exceptions you should be aware of. For example, Florida laws specifically protect mangroves. This is because these trees, which grow near water, help protect the coasts. At the federal level, wetlands and cypress trees are also protected by Section 404 of the EPA`s Clean Water Act. The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency assess all wetland-related activities before issuing the required permits. Some time after moving to Florida, I was surprised to learn that it was illegal to remove a tree from residential properties without first obtaining permission from the government. So I read with amusement Jono Miller`s article “No tree is safe” in the News-Journal, in which he complains about the passage of HB 1159. Trees have so many proven benefits: they increase property values, improve cooling and shade, reduce air and noise pollution, enhance biodiversity, support wildlife, and create lasting beauty. Homeowners are not advised to remove trees unnecessarily. The Florida Department of Forestry has implemented best forest management practices that require a letter of intent, permit for all activities in cypress wetlands and non-river swamp forests dominated by cypress vegetation.
Florida residents are often concerned about protecting their property from potential tree damage. It is important to ensure that the trees around the house are healthy and do not pose a serious threat if a storm occurs at any time. Until recently, tree removal from residential properties in Florida was heavily dependent on local regulations. Landowners had to obtain a permit by paying a fee from the city or municipality for the removal or pruning of trees. Removing a tree without permission resulted in a fine. Most homeowners love the trees growing on their property and they want them to stay safe and healthy. Florida residents who want to cut, prune or remove a dangerous tree from their property do not need a permit now.
