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Removing a Dangerous Tree in Florida: When State Law Skips the Permit

Forest
33 minutes ago
7 min read

By Forest, Property Intelligence Specialist, Ken's Tree Service. Last reviewed November 2, 2026. Next review due May 2, 2027.

You can sometimes remove a dangerous tree in Florida without a city permit. If you own a single-family, detached home and you hold a signed onsite risk assessment from an ISA Certified Arborist or a Florida licensed landscape architect finding that removal is the only practical way to bring the tree's risk below moderate, Florida Statute 163.045 says your city or county can't require a permit, a fee or a replacement tree for that work, subject to the conditions and the mangrove limit set out below.

Your local tree rules still govern everything the statute doesn't cover. In Pinellas County, start with our guide to whether city or county tree rules apply to your address. The details below matter, because the law is narrower than the way people usually describe it, and they decide whether it helps you at all.

Here's the situation we run into all the time. There's a big tree close to the house. Something about it doesn't look right anymore. And somewhere along the way, a neighbor or a contractor said the city will make you apply, pay a fee and plant new trees before anyone can touch it. For a lot of trees, that's exactly how it works. For a genuinely dangerous tree at a single-family home, Florida law can change the picture.

What does Florida Statute 163.045 do?

It limits what a city or county can require for tree work at a single-family home. When the owner has the right signed documentation showing a tree poses an unacceptable risk, the local government may not require a notice, application, approval, permit, fee or mitigation for pruning, trimming or removing that tree, and it may not require you to replant it (Florida Statute 163.045, subsections (2) and (3)).

The law dates to 2019 and was amended in 2022. Four things all have to be true, and each has its own section below:

  • The property is a single-family, detached home, as the statute defines it.

  • An ISA Certified Arborist or a Florida licensed landscape architect assessed the tree on site, using the tree risk assessment procedures the statute names, and signed the assessment.

  • That assessment finds the tree poses an unacceptable risk to persons or property, which has a specific meaning.

  • You, the property owner, have that documentation.

There's one more limit: the statute doesn't override mangrove protection rules, covered further down.

Does my house count?

Only if it fits the statute's definition of residential property: "a single-family, detached building located on a lot that is actively used for single-family residential purposes and that is either a conforming use or a legally recognized nonconforming use in accordance with the local jurisdiction's applicable land development regulations" (subsection (1)(b)).

In everyday terms, that's a detached house that's lived in as a single-family home, as a lawful use under local zoning. A townhome that shares a wall, a condominium unit in a shared building, an apartment community, HOA common ground and commercial property don't fit that definition, so trees there follow the local rules. Each of our local guides below covers those properties too, including the commercial and development requirements. The same goes for a lot being cleared for a new home or a house that isn't yet lived in: it isn't "actively used for single-family residential purposes", so construction and development follow the local rules in full.

What does "unacceptable risk" mean?

It isn't something you or we decide by looking at a tree, and whether a tree is dead, leaning or decayed isn't the legal test. The statute gives one test: "A tree poses an unacceptable risk if removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in Best Management Practices - Tree Risk Assessment, Second Edition (2017)" (subsection (2)).

So the real question isn't whether the tree is a problem. It's whether anything short of removal can bring its risk below moderate. If pruning, reducing a heavy limb or some other practical step would get it there, removal isn't the only means, and the tree doesn't meet this test.

That's also why nobody can promise the outcome ahead of time. The finding belongs to the person doing the onsite assessment.

What paperwork do I need, and who can sign it?

The statute calls it documentation, and defines it as "an onsite assessment performed in accordance with the tree risk assessment procedures outlined in Best Management Practices - Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture (ISA) or a Florida licensed landscape architect and signed by the certified arborist or licensed landscape architect" (subsection (1)(a)).

Two practical notes. The protection in subsection (2) turns on the owner possessing that documentation, so keep a copy with your property records. And the credential the statute asks for belongs to the person signing, the ISA certification or the landscape architect's Florida license, not to the tree company doing the work.

What doesn't the statute change?

It only limits what a local government can require for qualifying tree work at a qualifying home. Mangrove protection rules, private neighborhood rules and any tree that doesn't meet the statute's terms all sit outside it:

  • Mangroves. Subsection (4): "This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321-403.9333."

  • Private rules. The statute speaks to local governments. It doesn't mention HOA covenants or deed restrictions, so if your neighborhood has its own tree rules, those are a separate question.

  • Trees that don't qualify. If the property or the assessment doesn't meet the statute's terms, your city's or county's normal tree rules apply, and those vary a lot from one jurisdiction to the next. A removal done without a permit would be judged under them, so get the signed assessment before the work, not after.

  • Trees that aren't on your lot. The statute speaks to "a tree on a residential property". A tree in the public right-of-way or on a neighbor's lot isn't yours to document under it, and your local guide covers right-of-way trees.

Does it matter if my city's tree code doesn't mention the statute?

No. The statute's limit is written directly onto local governments ("A local government may not require...", subsections (2) and (3)), so it doesn't depend on a local ordinance repeating it. Some local codes refer to it and some don't. Each of our guides explains how the statute sits alongside that jurisdiction's own rules.

How does this work when Ken's Tree Service does the job?

Usually it comes up the same way. We're out looking at a tree with a homeowner, and it's a tree that may be a candidate for removal: it's near the house, something is going on with it, and the local permit process would be slow or costly. When it looks like the statute might fit, we'll say so, and the arborist's evaluation becomes part of the quote.

  • Our own qualified arborists will tell you what we're seeing and whether a tree looks like a candidate. The signed assessment comes from an independent ISA Certified Arborist, who isn't on our staff.

  • The signed report is something we arrange as part of the job, so you aren't left hunting for the right professional.

  • The finding is the arborist's own. It can come back that removal isn't the only practical option, and then we'd talk with you about pruning or a removal permit, under your local rules.

  • If the tree comes down, the crew's work is the same under either route. What the statute changes is the permit, fee and replanting requirement in front of it.

If a tree near your house has been on your mind, our residential tree care team can take a look and tell you honestly what we see.

Where do I find my city's or county's tree rules?

In our local guides. We've published guides to the tree rules in 34 cities and counties across Pinellas, Pasco and Hillsborough, and each one covers that jurisdiction's permit, which trees it protects, replacement rules and how Florida Statute 163.045 fits in.

Have a question about a tree at your house?

Ask the chat assistant on our website. It answers questions about Florida Statute 163.045, your local tree rules or trees in general, and you can ask it how the dangerous tree law works right now. Look for the chat at the bottom right of any page.

Ken's Tree Service has worked in this area since 1996. We cover about 20 miles around our yard in Tarpon Springs, across north Pinellas, west Pasco and the northwest corner of Hillsborough County, and an assessment is how we find out what a tree near your house actually needs. You can also call us at 727-934-5804.

Sources and scope

This guide explains the statute's text as published in the 2026 Florida Statutes. It's general information about the law, not legal advice, and not a determination about any particular tree or property. For a specific tree, the onsite assessment and your local government are the authorities.

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