Clearwater Tree Removal Permit: City Rules or County?
Updated: 4 days ago
Inside the Clearwater city limits you apply to the City of Clearwater for a tree removal permit before a protected tree or palm is removed, in writing to the city's community development coordinator on the city's own forms, and Pinellas County's tree article is not switched off by the city line. How a north Pinellas city's rules relate to the county's is set out in our guide to whether your city or Pinellas County sets the tree rules; this article is the Clearwater answer, read from the city's own code.
The same permit requirement reaches a single-family lot, a condominium, an HOA common area, an apartment community, a shopping center and a construction site. What changes by property type is what you submit and what you replace, and the second half of this article is written for property managers, developers and contractors.
Key facts
Jurisdiction: the City of Clearwater. Tree protection standards sit in Article 3, Division 12 and the permit procedure in Article 4, Division 12 of the Community Development Code, codified through Ordinance No. 9857-25, enacted December 4, 2025 (Supplement No. 55). Penalties and right-of-way rules also draw on the Code of Ordinances, codified through Ordinance No. 9859-26, enacted January 15, 2026 (Supplement No. 90).
Trigger: a protected tree or palm, on any property type. Protected means a shade tree of 4 inches DBH or more, an accent tree of 2 inches DBH or more, and any tree or palm that is part of an approved landscape plan, excluding hazardous and prohibited trees.
Permit fee: $15.00 for one to five trees, plus $3.00 for each tree over five, under Appendix A.
Replacement: the removed diameter is replaced inch for inch, or where the rules allow, paid to the tree bank at $48.00 per inch of DBH.
Penalty: an illegal removal can cost $48.00 per inch of DBH, up to $5,000.00 per tree where the violation is irreparable and up to $15,000.00 for a specimen tree, on top of the general code penalties.
Construction: no building permit issues without an approved tree removal permit, a "no tree" statement or a "no tree removal permit required" statement.
Last reviewed: September 27, 2026, against both code products harvested in full that day.
Is it the city's rules or the county's?
Both reach a property inside the city, and the city's ordinance displaces the county's only where the two actually conflict. Pinellas County's ordinance sits in Chapter 58 of the County Code, and Section 58-809 as adopted reads:
"This article shall apply to properties, excluding county-maintained right-of-way, within the incorporated and unincorporated areas of the county. Where these provisions conflict with a municipal ordinance, the municipal ordinance shall prevail. No trees shall be removed from county-maintained right-of-way without an approved permit."
The county's own tree code page says: "The updates consolidate tree protection requirements into a new Tree Protection Ordinance within Chapter 58 of the County Code, which applies countywide where not superseded by municipal ordinances." That is a conflict of laws rule, not a blanket exemption for a city, and county-maintained right of way is carved out of "properties" and given its own permit requirement.
Clearwater's own Community Development Code carries a private-property permit trigger with no homestead or owner occupied carve out of any kind: the only tree-related homestead reference in either code product is the bar on foreclosing a code enforcement lien on a homestead. Which code applies to an address, and how the two interact where Clearwater's code is silent, is a question for the city's Planning and Development Department. Outside any city the county provisions govern: see tree removal permits in unincorporated Pinellas County.
Does Clearwater presume a tree stays?
Close to it. This is not an administrative how-to code. Section 3-1205(B) bars some removals outright, "B. Criteria for issuance of a removal permit. 1. No permit shall be granted for the removal of a specimen or historic tree.", and directs the coordinator, in deciding every other application, to weigh the tree's condition and location and to preserve what can be preserved:
"2. In determining whether or not a required removal permit shall be granted, the community development coordinator shall consider the following: [...] b. Protected trees, specimen tree stands, and palms shall be preserved to the maximum extent possible and reasonable flexibility in the design of permitted uses shall be granted, within the parameters of the zoning district within which the property is located, in order to ensure such preservation. c. Whether protected trees or palms can be successfully relocated on-site in order to accommodate the proposed development. d. If a protected tree or palm must be removed in order to permit an economic use of the property which would otherwise be permitted, the applicant must give the city a reasonable opportunity to relocate the tree to another site in accordance with the provisions of Section 3-1205(C) and replace protected trees on-site in accordance with the provisions of Section 3-1205(D) or pay into the city's tree bank for every protected tree that is removed in accordance with the provisions in Section 3-1205(D)."
The first criterion, (B)(2)(a), is the one most homeowners meet: "The condition and location of the protected tree, specimen tree stand, or palm with respect to species, tree structure, competition, disease, insect attack, danger of falling, proximity to existing or proposed structures and interference with utility services." A specimen tree is a coordinator designation, not a size class: "Specimen tree means any tree which is determined to be of high value to the community because of its type, size, age, exceptional quality, or other professional criteria, and so designated by the community development coordinator." Historic tree is never defined anywhere in either code product, although (B)(1) bars a permit for one.
Under Section 3-1205(C) an applicant may also let the city take a tree it considers worth relocating, at the city's expense, before the owner's removal; the city manager weighs the tree's condition and the city's need, and donated trees go to public land.
Which of your trees are protected?
Protected is a defined term in Section 8-102, with class specific thresholds and two carve outs:
"Protected tree means any shade tree four inches DBH or greater, and any accent tree two inches DBH or greater, and any tree or palm as part of an approved landscape plan, but excluding all hazardous and prohibited trees."
The shade tree definition is conjunctive, and all three parts count:
"Shade tree means a self-supporting, woody plant which normally grows to a minimum height of 35 feet in the county, has a trunk which can be maintained with over eight feet of clear wood, and which is of a species having an average mature spread of cover greater than 25 feet."
"Accent tree means a self-supporting woody plant which normally attains a height between 15 and 35 feet at maturity in the county."
The code's base definition of a tree is "any erect standing woody plant, together with its root system, of a species which normally attains a minimum overall height at maturity of at least 15 feet in the Clearwater area." A tree matching neither class definition is a question for the city. The code fixes where DBH is taken: "Diameter breast height (DBH) means a measurement of mature trees and is measured at a height four and one-half feet above the ground or soil level."
Prohibited is a closed list of four: "Prohibited tree means Punk (cajeput) tree - Melaleuca quinquenervia also known as Melaleuca leucodendron; Brazilian pepper - Schinus terebinthifolius; Australian Pine - Casuarina equisetifolia; and Chinese Tallow - Sapium sebiferum." Excluded from the protected definition does not mean ignored: under Section 7-103(D)(4) the city can require prohibited trees installed in violation of the code, and hazardous trees, removed within 15 days of its notice, and remove them at the owner's cost if they are not.
Palms and citrus diverge between the two divisions. Section 4-1201 states the trigger without a palm qualifier: "No person may remove or cause to be removed any protected tree or palm without first having procured a permit." Section 3-1205(A) is narrower:
"A. Removal permit - Required. No person may remove or cause to be removed any protected tree or any palm with a ten-foot clear and straight trunk without first having procured a permit as provided in Article 4, Division 12, with the noted exception of all citrus species of trees which do not require a permit for removal."
Both are in the code as adopted, the narrower one carries the citrus exemption, and the city has not reconciled them, so on a borderline palm ask the city which trigger it applies.
How to measure your own tree in about thirty seconds
Measure the circumference at four and one half feet and divide by 3.14: 12.6 inches around is about 4 inches DBH, the shade tree threshold, and 6.3 inches around is about 2 inches, the accent threshold. The tape reads circumference, not diameter, so the division is the step that matters.
What counts as removal, and what pruning is unlawful on its own?
Removal here is broader than cutting a tree down. Section 8-102:
"Remove or removal means the actual removal of a protected tree or causing the effective removal through damaging, poisoning, excessive pruning, or other direct or indirect actions resulting in the death of a protected tree."
One prohibition stands on its own, with no permit process attached. Section 3-1205(F)(2), joined here to its subsection heading: "Proper tree care; prohibited tree pruning. [...] 2. It shall be unlawful to remove from a protected tree more than 30 percent of a tree's foliage during a period of one year." Topping is different: Section 3-1205(F)(3) makes topping and other removal of vertical leader stems unlawful except as that section permits, and when a tree must be topped, such as where it interferes with overhead wires or nearby structures, Section 3-1205(F)(4) requires a tree removal permit first, with the coordinator deciding whether to permit the removal, modify the permit to allow the pruning, or deny it. Section 3-1205(F)(6) treats an over pruning violation "as an illegal tree removal", which brings in the penalties below.
The code also names improper cuts. Section 3-1205(F)(1)(b): "Flush cuts (pruning cuts that remove the branch collar) and stub cuts (cuts that leave a stub on the tree) are improper pruning techniques. Any tree that has been improperly pruned will not be recognized as a tree left on the property in a healthy growing condition; and therefore will not be utilized to meet tree replacement requirements." And Section 3-1205(G): "It shall be unlawful to use tree spikes or other devices that damage tree trunk tissue of protected trees."
Does a dead or hazardous tree need a permit?
The most consequential unresolved item for a homeowner. Section 8-102 excludes hazardous trees from the protected definition, defining hazardous broadly:
"Hazardous tree means a tree that constitutes a hazard to life or has a significant potential to cause injury to persons or damage to property as the tree is in imminent danger of falling, or is otherwise considered to be or likely to create a hazard. A hazardous tree shall include but not be limited to dead, diseased, broken, split, cracked, leaning and uprooted trees. A hazardous tree shall also include a tree harboring communicable diseases or insects of a type that could infest and cause the decline of adjacent trees."
Read alone, that puts a dead or failing tree outside the permit requirement. But the code keeps those trees inside the process: Section 3-1205(B)(2)(a) has the coordinator weigh disease, insect attack and danger of falling, and the grading table at Section 3-1202(H)(1) scores grade 0 as "Dead; removal is required", with grades 1 and 2 also stating removal is required. The code does not say which way that falls, and we will not resolve what the city has not: confirm it with the city in writing before the tree comes down, and photograph the condition while it stands.
The city is working on exactly this. Its draft tree code amendment lists "Clarify hazardous and emergency tree removal procedures, including a no-fee tree removal permit for hazardous trees" among its items. That is a draft, not law, and it changes nothing until adopted.
Who may apply, and how does the city want it filed?
The code is broad. Section 4-1202 addresses "Any person who is required by this division to obtain a permit to remove a tree or palm", and the code states no narrower class of applicant in its text.
The city's filing rules are narrower, and they sit in guidance rather than in the code. The Apply for Tree Removal Permits page, read September 27, 2026, says: "To submit an online tree removal permit application your tree service must first be registered with the city of Clearwater (BTR), and you must have already registered for online permitting." The applicant must "Confirm that you have authorization from the property owner to apply on their behalf." and "Select the property type: Single Family/Duplex or Multi-Family/Commercial/Non-Residential." The city's application form (revision code REV:03.2022) adds: "Owner-builders must apply in person and provide evidence of homestead or proof of primary residency at the site address." and "Multi-family/Commercial properties (including condo associations) may not submit as owner-builder."
In practice that means a homesteaded owner can file in person, an online filing comes from a registered tree service with the owner's authorisation, and an association or commercial owner does not file as an owner-builder. Those are the city's procedures, not codified law; the code itself still says any person.
Florida Statute 163.045, the state route that can displace the city permit
This provision does not sit alongside the city permit: it bars the city from requiring one where its conditions are met. Florida Statute 163.045, quoted by subsection because every condition and scope limit is load bearing:
(1) For purposes of this section, the term: (a) “Documentation” means 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.
(b) “Residential property” means 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.
(2) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on a residential property if the property owner possesses documentation from an arborist certified by the ISA or a Florida licensed landscape architect that the tree poses an unacceptable risk to persons or property.
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).
(3) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.
(4) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321 - 403.9333 .
The conditions are cumulative: the property is a single-family, detached building on a lot actively used for single-family residential purposes, and is either a conforming use or a legally recognized nonconforming use under the local land development regulations; the owner possesses documentation, meaning an onsite assessment performed by an ISA certified arborist or a Florida licensed landscape architect under the Best Management Practices, Tree Risk Assessment, Second Edition (2017) procedures and signed by that arborist or landscape architect; and that documentation finds the tree poses an unacceptable risk to persons or property, meaning removal is the only means of practically mitigating its risk below moderate. The route is not available for a structurally sound tree: if pruning or any other measure short of removal can bring the risk below moderate, the tree does not qualify. And it reaches only that residential property: a condominium, an HOA common area, an apartment community, a duplex or a commercial site is not a single-family, detached building, so the city permit applies there in full.
Neither Clearwater code product refers to the statute. The only city page found citing it is the residential trash collection page: "If residents remove a tree without a permit from the city, a letter from an arborist is required by Florida Statute 163.045." Where a job turns on such documentation, that signed report is something we arrange as part of the job rather than produce in house, and our experienced people are qualified arborists rather than ISA certified.
What happens if a tree comes down without a permit?
Clearwater publishes a per inch penalty, and it is substantial. Section 7-103(D) applies to any violation of the tree protection division:
"D. Restoration of landscaping/trees. In addition to the penalties provided in Chapter 1, Section 1.12 of the City of Clearwater's Code of Ordinances, any person who violates any provision of Article 3 Division 12 shall be required, as applicable, to: 1. Restore the vegetative buffer to its natural state; or 2. Pay to the city a fine equal to the total value of each protected tree or palm illegally removed or damaged. The fine shall be $48.00 per inch of DBH (or diameter of remaining stump), up to $5,000.00 per protected tree or palm where it is found that the violation is irreparable or irreversible in nature. The illegal removal of a Specimen tree is deemed to be an irreparable and irreversible violation, subject to a fine of up to $15,000.00. Such sum so collected shall be placed in a fund for the tree bank and shall be expended for the purchase of trees for replacement in public properties within the city; and/or 3. Replace illegally removed trees at the owner's expense. Such replacement will be computed on an inch-for-inch basis according to the total inches of DBH (or diameter of remaining stump) of all illegally removed trees; and 4. Remove any prohibited trees installed in violation of this or any hazardous trees within 15 days of receipt of notice from the city that such trees are in violation of this Code. In the event such trees are not removed within the 15 day period, the city shall have the trees removed and shall charge the costs of removal to the property owner."
That sits on top of the general penalty. Sec. 1.12 of the Code of Ordinances makes a code violation "a civil infraction punished by a fine not exceeding $500.00", and each day a violation continues is a separate offense. The enforcement tools in Section 7-103 then stack:
Code enforcement board fines, under Section 7-103(B)(1): up to $250.00 per day for a first violation, $500.00 per day for a repeat violation, and up to $5,000.00 per violation found irreparable or irreversible. Section 7-103(B)(4) allows fines above those limits, not exceeding $1,000.00 per day per violation for a first violation, $5,000.00 per day per violation for a repeat violation, and up to $15,000.00 per violation found irreparable or irreversible, plus the city's enforcement and repair costs.
Liens, under Section 7-103(G): a recorded order becomes a lien on the land and on the violator's other property, "superior to all other liens, except a lien for taxes", and the fine keeps accruing until compliance. The lien may not be foreclosed on real property that is a homestead under the state constitution.
Citations, under Section 7-103(H): a code enforcement officer may cite the violation for county court, with a fine not to exceed $500.00, or issue a civil citation with a maximum civil penalty not to exceed $500.00, each day a separate civil infraction. Appendix A publishes civil citation penalties by class, but the sections read do not assign tree violations to a class.
A freeze on development approvals, under Section 7-103(K): once an order of violation is entered, "no further development approvals shall be processed or granted regarding the property which is the subject of the violation, except for permits necessary to correct the violation, until the violation is corrected and fines which have been imposed are paid."
A final order of the code enforcement board or special master is appealed to the Circuit Court of Pinellas County under Section 7-104, and "The appeal shall be filed within 30 days of entry of the order to be appealed."
What do you have to plant back, or pay, on a house lot?
Approval to remove is not the end of it. On single-family detached and two-family attached property, Section 3-1205(D)(2), joined here to its subsection heading, requires the diameter replaced or bought out:
"Tree and palm requirements and replacements. Tree and palm replacements shall be in compliance with Section 3-1202.B. and the following: [...] 2. Single-family detached dwelling and two-family attached dwelling properties. The total amount of DBH removed from single-family detached dwelling or two-family attached dwelling properties (e.g. lot, subdivision) shall be replaced on an inch-for-inch basis, or such deficit shall be met by paying a fee of $48.00 per inch of DBH to the tree bank. However, the number of trees on single-family detached dwelling or two-family attached dwelling properties (e.g. lot, subdivision) shall not be less than as follows unless otherwise determined by the Community Development Coordinator to be unfeasible or physically impossible:"
Required Number of Trees on Single-Family and Two-Family Lots, transcribed from the code's table:
Lot size less than 5,000 square feet: 2 required trees
Lot size 5,000 to 10,000 square feet: 4 required trees
Lot size 10,001 to 15,000 square feet: 6 required trees
Lot size over 15,001 square feet: 8 required trees
Transcription note: the code prints the two middle ranges with a long dash; "to" stands in for it here and no figure is changed.
The inch-for-inch obligation and the minimum count are separate tests and the lot must satisfy both, the count unless otherwise determined by the Community Development Coordinator to be unfeasible or physically impossible. Replacement trees on these lots get smaller minimum sizes under Section 3-1202(B)(2)(a): "For those uses shade trees shall have minimum height of eight feet and minimum caliper of two inches, and accent trees shall have minimum height of six feet and minimum caliper of one inch." Under Section 3-1205(D)(4), tree bank money goes to tree planting on public lands in the city and other urban forestry projects designated by the city manager.
One more trigger catches homeowners who build. Section 3-1202(A)(3)(d): if a single-family or two-family lot that does not meet the Section 3-1205(D)(2) requirements "proposes an addition to the principal structure or new accessory structure exceeding 200 square feet, that lot shall be brought into full compliance with the tree requirements as established in that section." A large addition or a new accessory structure over that size can therefore bring the minimum tree count with it.
The development and commercial track
Everything above applies on every property type. The sections below are written for the people who handle Clearwater trees on property that is not a single-family lot, or on a site that is about to change: commercial, multifamily, condominium and HOA property managers, developers, site designers, builders and the contractors who work for them. The code sets a heavier submittal, a stricter replacement rule and a construction protection regime for that work, and it ties the tree permit to the building permit.
If you manage a condominium, HOA, apartment or commercial property, what changes?
The trigger does not change. The permit requirement in Section 4-1201, the protected tree definition in Section 8-102 and the palm and citrus rule in Section 3-1205(A) are the same on every property type. There is no separate threshold for an association or a commercial owner.
The fee does not change. The tree removal permit item in Appendix A, Section (V)(2)(j), carries one schedule with no split by property type. Transcribed from the code, which prints the range with a long dash and the amounts with dot leaders:
Permit fee, removal of 1 to 5 trees: $15.00
Permit fee, per tree over 5: $3.00
Fee for appeal following denial of permit: $25.00
Reinspection fee, per additional inspection: $25.00
Special inspection fee: $25.00
The same item says "These fees shall be paid prior to the issuance of permits and such fees shall be nonrefundable." and that "The above fees may be waived by the community development coordinator, but only when in conjunction with a public water/sewer project on private property." Appendix A (V)(1)(g) adds that "Tree removal and artificial turf permits are included in this fee schedule; however, are not governed nor subject to the requirements of the Florida Building Code."
The submittal changes. Multifamily and all non-residential properties file the Section 4-1202(A) package, set out in full under the submittals question below: a site plan, a tree inventory and a tree preservation plan prepared by the professionals the code names, a topographical survey on larger or sloped sites, and a justification of removal.
The replacement rule changes. Section 3-1205(D)(1): "The total amount of DBH removed from a multi-family or non-residential site shall be replaced on an inch-for-inch basis." Unlike the house lot rule, this subsection offers no tree bank alternative in its own text; the payment comes in through Section 3-1205(D)(3): "When the community development coordinator determines that there is not sufficient space available to replace the equivalent of all protected trees on-site in accordance with these requirements, the remaining DBH deficit shall be met by paying a fee of $48.00 per inch of DBH to the tree bank." The same subsection lets the coordinator decide "that certain protected trees are not required to be replaced based on certain criteria, including but not limited to, species, health, hazards, or other conditions." Replacement trees must meet the full size standards in Section 3-1202(B)(1):
Shade tree: 10 foot height and 2.5 inch caliper at installation, Florida Grade #1, planted at least five feet from any impervious area.
Accent tree: 8 foot height and 2 inch caliper; two accent trees count as one shade tree, and no more than 25% of required trees may be accent trees unless overhead lines are unavoidable.
Palm: 10 foot clear trunk; palms can satisfy 75% of tree requirements on the Beach, Sand Key and Island Estates and 25% elsewhere in the city, with staggered clusters of three palms counting as one shade tree, except the specimen palms the code names, which count one for one.
Section 3-1202(B)(6) also requires a spread of species: "each species shall provide a minimum of ten percent of the total number of trees."
Trees in an approved landscape plan are protected at any size. The protected tree definition includes "any tree or palm as part of an approved landscape plan", so a small tree planted to satisfy a site's approved plan is protected even below the 4 inch and 2 inch thresholds. Section 3-1204 then governs the site for its life:
(I): "The owner and tenant, if any, are jointly and severally responsible for the regular and continuous maintenance and protection of all required landscaping, including the irrigation system, which shall be maintained in a healthy growing condition so as to present a neat and orderly appearance, free from refuse, debris and weeds."
(J): "Required shade trees planted shall not be topped, shaped or severely pruned, but must be allowed to grow to maturity and attain their natural form so that crown development is not inhibited."
(L): "Dead, declining, missing and diseased plant material shall be replaced with healthy material of similar type in keeping with the landscaping requirements at the time of original planting and in accordance with the approved landscape plan."
(M): "Landscaping will be inspected periodically by the City, but not less frequently than every three years to ensure that proper maintenance is provided."
If you manage an HOA common area or a commercial site, that means a required tree removed or topped by a maintenance crew is a violation against the owner and the tenant together, and a dead required tree is a replacement obligation under the approved plan. Whether a particular removal also needs a change to the approved landscape plan is a question to put to the city with the permit application. This is the point where a portfolio of approved plans, inventories and replacement obligations is worth managing as a record rather than tree by tree; that is the work described on our commercial tree management page.
Who files for an association or commercial owner. The code says any person required to obtain a permit. The city's filing rules, quoted above, route an online application through a tree service registered with the city (BTR) acting with the owner's authorisation, with the property type selected as Multi-Family/Commercial/Non-Residential, and bar condominium associations and other multifamily and commercial properties from submitting as owner-builder.
Florida Statute 163.045 does not reach this property. The statute's relief applies only to "a single-family, detached building located on a lot that is actively used for single-family residential purposes", so a condominium, an HOA common area, an apartment community and a commercial site stay under the city permit whatever an arborist's report says.
If you are building, adding on or demolishing, when does the development track start?
The code defines development broadly in Section 8-102:
"Development means (1) the subdivision of a parcel of land; (2) the construction, reconstruction, conversion, structural alteration, relocation, enlargement, or demolition of a structure; (3) the mining, excavation, landfill, drilling, grading, deposition of refuse, solid or liquid waste, or fill on a parcel of land; (4) the alteration of the shore or bank of a pond, lake, river, or other waterway; or (5) any use or change in the use or intensity of use of any structure or use of land and includes redevelopment."
Landscaping, and the tree requirements that come with it, attaches under Section 4-1101 to a new use or change of use, to an improvement or remodel worth 25 percent or more of the principal structure's valuation on the property appraiser's records, to an amendment (other than a minor amendment) of an approved site plan, and to a parking lot that needs more landscaping. Section 3-1202(A)(3) brings existing developed lots into compliance "to the greatest extent practicable as determined by the Community Development Coordinator" on the same triggers, plus the single-family addition or accessory structure over 200 square feet described above.
The code sorts development approvals into levels. Article 4, Division 1: "This Development Code establishes the following types of development approvals: Level One (Flexible Standard Development), Level Two, and Level Three." Level One approvals are made by the city's professional staff; Level Two by an appointed board; Level Three by the city council. A building permit that meets the Level One minimum standard "shall not be required to complete a development application and may proceed through the building permit application review process." The level matters to trees because the clearing permit, the appeal deadline and the building permit timing all key off it.
How does the tree permit fit with the building permit?
The tree decision comes first, and the building permit waits on it. Section 4-1205 in full:
A. If there are no protected trees on a site proposed for development, an applicant for a building permit shall submit a "no tree" statement. B. If protected trees exist on a site proposed for development but are not required to be removed for construction purposes, an applicant for a building permit shall submit a "no tree removal permit required" statement. C. No building permit shall be issued unless a tree removal permit, a "no tree" statement, or a "no tree removal permit required" statement is approved.
So every building permit on a site proposed for development carries one of three tree instruments, including a site with no trees at all. The city's guidance says how it is filed. The tree removal application checklist: "Tree removal that is a part of a construction project must be submitted as part of the Building Construction Permit (BCP) process." The application form repeats it: "Tree removal that is part of construction must be submitted in conjunction with the building permit (BCP)." The city's building permit page lists, among exterior and site work documents, a tree survey showing 4 inch DBH trees and their drip lines on the site and within 25 feet of the adjacent site, landscape plans, the development order where one applies, a clearing and grubbing application and a tree removal application.
The rest of the sequence, from the code:
Before any clearing. Under Section 4-1301, "No land clearing and grubbing permit shall be granted prior to issuance of a Level One or Level Two approval in accordance with the provisions of Article 4, Divisions 3 and 4."
Before any building permit on a Level Two or Level Three approval. Section 4-502(C): "No building permit shall be issued for a Level Two or Level Three approval prior to the expiration of the appeal period."
In a subdivision. Section 3-1914: "No tree shall be removed from any subdivision until a preliminary plat has been certified by the city clerk and no tree shall be removed other than in accordance with Article 4 Division 12 which pertains to tree protection." The same section requires trees and other irreplaceable features to "be preserved in the design of the subdivision" and bars any change of grade before the preliminary plat is certified.
Before the certificate of occupancy. Section 3-1204(A): "All required landscaping shall be installed in accordance with an approved landscape plan, including all specified conditions to a particular development approval, and inspected prior to the issuance of a certificate of occupancy or certificate of completion." Changes to the approved landscape plan "must be reviewed and approved and noted on the plan prior to notification for the final inspection". And under Section 4-204(A)(2), "No occupancy permit shall be issued unless it has been determined that the building or structure and the site complies with the provisions of the Building Code, this Development Code and all prior approvals upon which the building permit was based."
If you are building a pool, an addition or a new house, the practical order the code sets is: the tree instrument filed with the building permit, the building permit issued only once it is approved, barricades up before land preparation, and required landscaping and replacement trees inspected before occupancy.
What must a development submittal include, and who prepares it?
For multifamily and all non-residential properties and subdivisions, Section 4-1202(A) sets the package. It opens by requiring the application "accompanied by the fee required by Section 4-202(E)" (a cross reference defect covered below) and continues:
"A. Requirements for multi-family and all non-residential properties, and subdivisions. 1. A site plan showing the location of all protected trees and palms by size, canopy and species, distinguishing the tree or trees proposed to be removed, the scaled location of proposed tree barricades, existing and proposed structures, walks, driveways, and parking areas and other improvements. 2. A tree inventory, prepared by a certified arborist, of all shade trees four inches DBH and greater, accent trees two inches DBH and greater, and any other tree as part of an approved landscape plan specifying the size, canopy, and condition of such trees. 3. A tree preservation plan is prepared by a certified arborist, consulting arborist, landscape architect, or other specialist in the field of arboriculture specifying how each tree is to be protected and how site development impacts the critical root zones (drip lines) and how to address these impacts, i.e. crown elevating, root pruning and/or root aeration systems. The tree preservation plan must show the tree barricade limits (two-thirds of the drip line and in the root prune lines, if any), and the tree barricade detail and other pertinent tree preservation information. 4. A topographical survey of the property, if the change in elevation of the grade is greater than five feet or if the property is one acre or more in area. 5. Justification of tree removal."
The inventory has its own standard in Section 3-1202(H): "All tree inventories shall be performed by a certified arborist", graded on a seven step scale. Grades 0 to 2 (dead, poor, below average) state that removal is required; grades 3 and 4 are "worthy of preservation"; grade 5 (outstanding) and grade 6 (specimen) "shall be preserved". On sites of one acre or more every tree is tagged with aluminum tags and aluminum nails, or another method the coordinator approves, numbered to match the inventory, and "All tree inventories shall include off-site trees up to 25 feet away from the property line of the subject property."
The credential is the code's, and the code does not define it. Sections 4-1202 and 3-1202(H) say "certified arborist" without naming a certifying body. Ask the city which credential it accepts before the inventory is commissioned.
Two other plans come with development. Under Section 4-1102, an application for development approval that requires landscaping "shall be accompanied by a landscape plan which includes whatever information the community development coordinator may generally require unless waived or modified by the community development coordinator." And for a subdivision, Section 4-703 says "The preliminary plat shall be prepared by a surveyor, architect, landscape architect or engineer". A clearing or grubbing application carries its own tree survey, covered below.
What preservation standards apply on a development site?
The code has no minimum retention or canopy percentage for a development site. Its standard is preservation "to the maximum extent possible", backed by design relief:
No removal of specimen or historic trees. Section 3-1205(B)(1) bars the permit outright, and the inventory grades 5 and 6 "shall be preserved".
Design flexibility. Section 3-1205(B)(2)(b) grants "reasonable flexibility in the design of permitted uses" within the zoning district to ensure preservation, and (B)(2)(c) asks whether protected trees "can be successfully relocated on-site in order to accommodate the proposed development".
Parking relief. Section 3-1404(E): "Notwithstanding any other provision of this Division, the number of required off-street parking spaces may be reduced by up to 25 percent in a Level One approval upon showing that the reduction in off-street parking spaces is necessary to preserve protected trees located on the parcel provided for development."
Setback relief. The zoning districts carry their own flexible standard criteria. In the Industrial district, for example, Section 2-1203 allows a setback reduction where "The reduction in front and/or rear setback is necessary to preserve protected trees". Each district's criteria differ, so read the one for your site.
A comprehensive landscape program. Section 3-1202(G): "The landscaping requirements of this division may be waived or modified as a part of a Level One or Level Two approval, as the case may be, if the application for development approval includes a comprehensive landscape program which satisfies each of the following criteria:"
There is no stand-alone tree variance procedure. Relief runs through the replacement waivers in Section 3-1205(D)(5)(g) and (h), the comprehensive landscape program in Section 3-1202(G) and the design flexibility in Section 3-1205(B)(2)(b).
How must trees be protected during construction?
Barricades go up before the work starts, at a distance set by species. Section 3-1205(E)(1):
"E. Protective barrier requirements and protection during construction activities. 1. A protective barrier shall be place around all protected trees prior to land preparation or construction activities according to the following: a. At or greater than the full dripline of all species of mangroves and sabal palm trees; b. At or greater than the full dripline of all protective native pine trees and other conifer tree species; c. At or greater than two-thirds of the dripline of all other protected species; d. At or greater than the full dripline of trees within a specimen tree stand."
The barrier is specified by (E)(2):
"2. Protective barriers are to be constructed using no less than two-inch by two-inch lumber of upright posts. Upright posts are to be at least four feet in length with a minimum of one foot anchored in ground and three feet above ground. Upright posts are to be placed at a maximum distance of eight feet apart. Horizontal rails are to be constructed using no less than one inch by four inch lumber and shall be securely attached to the top of the upright post. The community development coordinator must approve any variation from the above requirements."
What happens inside it, under (E)(3) and (E)(4): the barrier "shall remain in place until all construction activity is terminated", the enclosed area "shall remain undisturbed by any activity during construction", native ground cover and understory stay, exotic plants come out only with the coordinator's written consent and by hand tools or other approved methods, and "No equipment, chemicals, soil deposits or construction materials shall be placed within such protective barriers." Debris is cleared from the area before the barrier goes up and none may accumulate after.
Large areas of a site where no land preparation or construction will occur, or where heavy machinery will not go, can be delineated with woven fabric ribbon on upright posts instead, under (E)(5), and "The community development coordinator shall make the final determination as to the location of the protective barrier." (E)(6): "No signs, building permits, wires or other attachments of any kind shall be attached to any protected tree or palm." Guy wires designed to protect trees are excluded. (E)(7): "At all times, due care shall be taken to protect the critical root zone of trees protected by this section, and root pruning requirements shall apply to such trees."
The code defines the zone being protected. "Critical root zone means the rooting area of a tree, within the tree's dripline, which if injured or otherwise disturbed is likely to directly affect a tree's chance for survival." And "Dripline means an imaginary line along the ground which reflects the perimeter of the crown of a tree extended vertically to the ground."
Root pruning, Section 3-1205(F)(1)(a):
"a. When the critical root zone will be disturbed, affected roots must be severed by clean pruning cuts at the point where construction impacts the roots. Roots can be pruned by utilizing trenching equipment designed for this purpose or by hand digging a trench and pruning roots with a pruning saw, chain saw or other equipment designed for tree pruning. Roots located within the critical root zone that will be impacted by construction must be pruned to a depth of 18 inches below the existing grade or to the depth of disturbance if less than 18 inches from the existing grade. When underground utility lines are to be installed within the critical root zone, the root pruning requirements may be waived if the lines are installed via tunneling or directional boring as opposed to open trenching."
Two further rules reach the site work. Section 3-1202(C)(6): "Underground irrigation shall not be installed within the driplines of existing trees unless root protection measures are provided." And a clearing permit turns partly on barricades: among the criteria in Section 4-1303 is whether "The applicant has provided protective barriers around all protected trees on the site."
The code rewards doing more. Under Section 3-1205(D)(5)(d), the city manager may cut the total tree replacement requirement by ten percent where native understory is left around the kept trees and/or enhanced protection is used, "such as chain link fence barricades, root aeration systems, cabling and bracing, mulching, fertilization and water during construction activities", on a finding that the understory is valuable native planting that will significantly improve the trees' chance of survival.
What replacement is owed on a development site, and when?
On a multifamily or non-residential site, inch for inch under Section 3-1205(D)(1), with the $48.00 per inch tree bank payment only for the deficit the coordinator finds there is no room for under (D)(3). The conditions in Section 3-1205(D)(5):
Characteristics and location, (a): replacement trees "shall have at least equal shade potential, screening properties and other characteristics comparable to those of the trees for which a removal request has been submitted", placed as the city manager approves.
Size, (b): the Section 3-1202(B)(1) standards listed above.
Species, (c): the city may require the same species as those removed, or natives of the West Central Florida area; exotic, "naturalized" trees or palms count only with the city manager's consent.
Understory and enhanced protection credit, (d): the ten percent reduction described above.
Credit for required landscaping, (e): "Any landscaping required to be installed by Section 3-1202 or 3-1203 may be used as credit against tree replacement requirements."
Undeveloped multifamily and commercial land, (f): "Twenty-five percent of the DBH of the trees existing on an undeveloped property zoned MHDR, HDR, or any commercially designated property shall be permitted to be removed with no requirements for tree replacements. This removal allowance may be used only one time on any particular site."
Waivers, (g) and (h): the characteristics or species of replacement trees may be waived only if the applicant shows the size is not readily available in the market area and the proposed landscaping is equal or superior; and the city may be exempted from replacement solely for public utilities projects.
On timing, replacement trees are required landscaping, so under Section 3-1204(A) they are installed to the approved landscape plan and inspected before the certificate of occupancy or certificate of completion. Permit fees are paid before the permit issues under Appendix A.
What does development review cost?
The tree removal permit fee is the same $15.00 for one to five trees and $3.00 per tree over five on a development site. The land development fees are separate, in Appendix A (VIII). Among them:
Level One, minimum standard development applications: No Fee.
Level One, flexible standard development for detached dwellings and two attached dwellings: $200.00, or $100.00 for accessory uses and structures.
Level One, flexible standard development for attached dwellings, mixed uses and nonresidential uses: $475.00.
Level Two, flexible development for detached dwellings, two attached dwellings and accessory uses and structures: $300.00.
Level Two, flexible development for attached dwellings, mixed uses and nonresidential uses: $1,205.00.
Preliminary plat: $600.00. Final plat: $600.00. Development agreement: $1,500.00.
Appeals to the community development board: $250.00. Appeals to a hearing officer: $500.00.
Appendix A carries no clearing and grubbing fee item, although the city's building permit page lists a clearing and grubbing application; ask the city what it charges.
Do you need a separate clearing, grubbing or fill permit?
Clearing and grubbing, yes. Fill, not as a separate instrument. Section 4-1301: "A land clearing and grubbing permit is required in order to clear or grub any land in the city." The code defines both acts in Section 8-102. "Clearing means the act of removing vegetation or an existing impervious surface such as but not limited to asphalt, concrete or buildings, such that bare earth or other erodible surface is exposed to the elements." "Grubbing means the removal of any type of rooted vegetation from land by digging, raking, dragging or otherwise disturbing the roots of such vegetation and the soil which such roots are located." Taking out an old parking lot or a building slab is clearing under that definition.
The application, under Section 4-1302(A), includes a legible scaled drawing or scaled aerial photograph and a tree survey showing property boundaries, physical or natural features and the limits of the work; the purpose of the clearing; the equipment to be used; the existing vegetation, topography and surface waters; the method of debris disposal; the start and completion dates; the erosion and sedimentation controls and soil stabilisation; and the tree instrument, whether a no tree statement, a no tree removal permit required statement or a tree removal permit. The coordinator's criteria under Section 4-1303 are the need for vegetation removal for surveying or land preparation, whether visual access is needed for the tree survey, whether a no tree or no tree removal permit required verification form is filed, whether protective barriers are in place around all protected trees, and whether the erosion controls of Article 3, Division 7 are provided.
Three more sections tie clearing to trees. Section 3-702: "If any land clearing or grubbing is proposed, a permit shall be required pursuant to Article 4, Division 13." In a subdivision, Section 3-1913(A) bars any clearing, including removal of existing structures or pavement, or grubbing, until the Division 13 permit issues, and Section 3-1913(F) forbids burying or dumping cut trees, timber and debris on any land, water body, wetland, lot or street, with removal required before construction when the city directs. And Section 3-1914 bars removing shrubbery or ground cover in a subdivision until a clearing or grubbing permit is procured.
Fill has no permit of its own. The deposition of fill and grading on a parcel are part of the Section 8-102 definition of development, so they travel with the development approval rather than a separate fill permit.
What is a contractor's exposure?
The code puts the contractor inside the rule. Section 4-1201 reaches anyone who will "remove or cause to be removed" a protected tree, and the Section 7-103(D) restoration, fine and replacement remedies apply to "any person who violates any provision of Article 3 Division 12". Both are written for any person, not for the owner alone, although the cost of the city removing prohibited or hazardous trees under Section 7-103(D)(4) is charged to the property owner.
The rest of the exposure:
A stop to the whole project. The Section 7-103(K) freeze on further development approvals for the property until the violation is corrected and the fines are paid.
Stopwork orders. Section 7-103(L): work on any building, structure or electrical, gas, mechanical or plumbing system done contrary to the adopted codes, in a dangerous or unsafe manner "or without proper permits shall immediately cease" on written notice from the building official, given "to the owner of the property, his agent or the person doing the work".
Debris. Sec. 32.282(1): "It is the responsibility of all tree surgeons, nurseries, lawn care services and landscaping contractors, or any individual or company doing work on private property, to remove from the premises all residue and rubbish resulting from said work." A first failure is a fine of not less than the cost of removal plus an administrative fee not to exceed $200.00, and "A second infraction may result in the loss of the occupational license."
Workmanship rules. Tree spikes are unlawful on protected trees under Section 3-1205(G), flush and stub cuts are improper under Section 3-1205(F)(1)(b), and removing more than 30 percent of a protected tree's foliage in a year is unlawful under Section 3-1205(F)(2).
What the code does not require: neither code product sets a licensing, insurance or bond requirement specific to tree work or tree service companies. The city once had one. The editor's note at Chapter 52 records that "Ord. No. 6526-00, § 2, adopted June 15, 2000, repealed" sections 52.08 to 52.10, "the last remaining sections in Ch. 52, which pertained to protective barrier requirements and protection during construction activities; proper tree care; prohibited tree pruning; tree service companies." The city's own filing rule is the nearest thing left: an online tree removal application comes from a tree service registered with the city (BTR). If you are comparing bids, that registration, the contractor's general liability and workers compensation certificates, and whether the bid prices barricades, root pruning and debris removal to the code's standards are checkable.
Right of way and utility work
A tree in the public right of way is answered outside the tree removal permit division, and contractors carry the permit. Sec. 28.93 of the Code of Ordinances: "No person shall begin any construction within any rights-of-way without first obtaining a rights-of-way construction permit or an annual general permit from the city. This requirement shall also apply to all contractors and/or utilities performing work within the city's rights-of-way." The application includes "A tree survey showing all protected trees impacted by the proposed work;"
Sec. 28.95 sets the tree rules for that work, and Sec. 28.92 defines "greenery" to include protected trees as defined in Article 8:
A utility seeking to remove greenery from the right of way consults the city's public services department, under (18).
Under (19), "Permanent removal of greenery is presumed unnecessary", and necessity means wires or cables that cannot pass clearly without touching major structural branches or roots that may cause a safety hazard or the death of the tree if removed.
Under (20), temporary removal for underground facilities needs a restoration plan the public services department accepts; it states any defects within 30 days of the proposed construction.
Under (21), a utility that needs to trim or remove trees to clear wires "shall notify the Urban Forestry Division at least 48 hours prior to the proposed trimming", trimming is limited to the area needed for clear cable passage, and "The utility shall be responsible for any and all damages to any greenery as a result of trimming or to the land surrounding any tree or greenery."
Under (22), "The requirements for barricading, root pruning, and proper pruning of protected trees, as contained in Article 3 of the Clearwater Community Development Code, apply to all construction covered by this section."
Adjacent owners have duties too. Under Section 3-1502 the owner keeps the right of way and sidewalk clear with "a height clearance of at least eight feet from the sidewalk pavement measured vertically from the pavement surface, unless an exception has been granted by the urban forester for protected trees." Under Secs. 30.141 to 30.143 a tree that obstructs drivers' vision at an intersection is a nuisance; the city may serve written notice to trim or remove it within 15 days, and the owner may appeal to the city commission within the time in the notice. Park trees are park property under Sec. 22.28: "No unauthorized person shall cut, carve or injure the bark, break off limbs or branches of trees or mutilate trees in any way". County-maintained right of way inside the city stays with the county, under Section 58-809 quoted above.
If a permit is denied, how long do you have to appeal?
Section 4-1203: "A denial of a tree removal permit may be appealed in the manner provided in Article 4 Division 5 depending on whether the application seeks a Level One or Level Two approval." It states no deadline. Article 4, Division 5 states two, in adjacent subsections of Section 4-502:
"A. An appeal of a Level One (Flexible Standard Development) decision may be initiated by an applicant or property owners within the required notice area and who presented competent substantial evidence in the Level One review, which is the subject of the decision within seven days of the date the development order is issued. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case."
"B. Appeal of all other applications other than a Level One (Flexible Standard Development) decision may be initiated by the applicant, or by any person granted party status within 14 days of the decision. Such application shall be filed with the city clerk in a form specified by the Community Development Coordinator identifying with specificity the basis for the appeal and accompanied by a fee as required by Section 4-202.F. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case."
Seven days in one, 14 in the other, and a tree removal permit is not classified as Level One or Level Two anywhere in the code, while Section 4-501(A) gives the Community Development Board authority to hear appeals from "Denials of any permit or license issued under the provisions of this Code." The city has not reconciled them, and neither says whether the days are calendar or business. Confirm the deadline with the city clerk or the department in writing the day a denial arrives and work to the shorter meanwhile. The appeal fee following denial of a tree permit is $25.00 under Appendix A.
For development decisions the route is clearer:
A denied clearing and grubbing permit "may be appealed in the manner provided in Article 4 Division 5", under Section 4-1302(B).
A denied certificate of occupancy likewise, under Section 4-204(C).
A Level One decision within seven days of the development order, and any other decision within 14 days, under Section 4-502(A) and (B), each filing staying the decision.
A further appeal to a hearing officer under Section 4-505: "The hearing shall be held within 60 days of receipt of the notice of appeal, unless the appellant requests or agrees to a continuance." Proposed final orders may be submitted within 20 days of the hearing, and "The hearing officer shall render a decision within 45 days of the hearing." That decision is final, subject to common law certiorari in circuit court. The fees are $250.00 for an appeal to the community development board and $500.00 to a hearing officer.
A code enforcement order, to circuit court within 30 days under Section 7-104.
How do you actually apply, and who do you ask?
The code says only that application forms are to be provided. The city publishes the route on surfaces that rank below the codified text; each was read on September 27, 2026 through the search index of the live page, because the city's site refused direct requests.
Online, through a registered tree service. Per the Apply for Tree Removal Permits page, the tree service is registered with the city (BTR) and for online permitting, confirms the owner's authorisation, selects the property type, and uploads supporting documents "such as inventories, arborist reports, maps, photos, or engineering reports showing damage." The page adds: "All trees are inspected." The checklist says that "For contractors, this can be done through Accela, the city's online permitting site, under the Planning tab."
On paper, using the city's APPLICATION FOR TREE REMOVAL, footer revision code REV:03.2022. The form says: "They may be submitted online by registered tree services."
In person, as an owner-builder, only for a homesteaded or primary residence. The tree removal application checklist says to bring the application and evidence of homestead or proof of primary residency to Planning and Development, "located at 100 South Myrtle Avenue, Clearwater, FL 33756." When this article was first published on September 24, 2026 the checklist gave a temporary counter at 2741 State Road 580; the checklist read on September 27 gives Myrtle Avenue.
As part of the building permit, where the removal is part of construction: filed in the Building Construction Permit (BCP) process, as set out under the building permit question above.
What follows. The checklist says: "A city arborist will come to your property, within 1 to 3 business days for an inspection." and "If approved, the tree removal must take place within six months." The code itself sets no review deadline for a tree removal permit.
Contacts, from the city's pages: tree permit questions (727) 562-4567; Tree Assessment and Inventory Program (727) 562-4750; Zoning (727) 562-4604; email [email protected]. The Apply page read September 27 repeats 727-562-4567 and the epermit address.
On expiry the two divisions differ. Section 4-1204 expires the permit "if the work authorized by the permit is not completed within six months of the date the permit is issued", with 30 days to apply for re-issuance and the fee waived, while Section 3-1205(B)(3) says "Extensions may be granted by the community development coordinator or designee for good cause." Ask the city in writing which applies before six months run.
Where the city's own guidance and its code disagree
Naming these is not criticism; it is what a reader needs to know which document to rely on. Codified text is law, and guidance is not.
The fee cross reference. Sections 4-1202 and 4-1302(A) require "the fee required by Section 4-202(E)". Section 4-202(E) is the issuance of a development order; the fee provision is Section 4-202(F), which points to Appendix A, and Section 4-502(B) cites 4-202.F correctly. The tree permit fee itself is Appendix A (V)(2)(j).
Two permit triggers. Section 4-1201 covers any protected tree or palm; Section 3-1205(A) covers any protected tree or any palm with a ten-foot clear and straight trunk, and exempts citrus.
Two expiry rules. Section 4-1204 re-issuance within 30 days with the fee waived; Section 3-1205(B)(3) extensions for good cause.
Hazardous trees. Excluded from the protected definition, yet weighed as removal criteria and graded removal required; the draft amendment's no-fee hazardous permit is not law.
The appeal deadline. Seven days or 14, with tree permits classified as neither Level One nor Level Two.
Who may apply. The code says any person; the city bars multifamily and commercial properties, including condominium associations, from submitting as owner-builder, and opens the online route to tree services registered with a business tax receipt.
Barrier and ribbon posts. Section 3-1205(E)(2) requires barrier posts at least four feet in length, while (E)(5) prints delineation posts as "at least four inches in height". It is reproduced here as printed and not resolved.
Clearing and grubbing fees. Appendix A has no clearing and grubbing fee item; the city's building permit page lists a clearing and grubbing application.
Inspection timing. The checklist gives a 1 to 3 business day inspection window; the code sets no review deadline.
What Clearwater's code does not publish
Each item below was checked by a whole-code search of both code products on September 27, 2026, not assumed:
No reference to Florida Statute 163.045.
No definition of historic tree, although Section 3-1205(B)(1) bars a permit for one.
No homestead or owner occupied carve out from the tree permit requirement.
No licensing, insurance or bond requirement specific to tree work.
No separate fill permit.
No stand-alone tree variance procedure.
No minimum tree retention or canopy percentage for development sites.
No city tree permitting procedure for mangroves. Mangroves appear in the Section 3-1205(E)(1)(a) barricade rule and in the floodplain rules for coastal high hazard areas (Zone V): under Sec. 51.1206, "In coastal high hazard areas, alteration of sand dunes and mangrove stands shall be permitted only if such alteration is approved by the Florida Department of Environmental Protection and only if the engineering analysis required by Section 51.403(4) demonstrates that the proposed alteration will not increase the potential for flood damage." Sec. 51.401(8) requires the site plan to show the extent of any proposed alteration of mangrove stands, and Sec. 51.403(4) requires the engineering analysis for that work in Zone V. The state's mangrove authority sits in sections 403.9321 to 403.9333 of the Florida Statutes, which FS 163.045(4) expressly leaves untouched.
No review deadline for a tree removal permit.
No definition of "certified arborist" and no named certifying body.
What is changing
The city's Tree Code Updates page says: "The tree code amendment is tentatively scheduled for adoption in February of 2027." It lists community meetings on October 8, 2026 (in person) and October 20, 2026 (virtual), and draft items that include "Update tree removal permit and replacement fees" and the no-fee hazardous tree permit noted above. A pending amendment is not law, so the Appendix A figures and the Section 7-103 penalties stand today. Two ordinances in the Code of Ordinances have not yet been codified and were not read.
Where this leaves your tree
Measure circumference at four and one half feet, divide by 3.14, and compare against four inches for a shade tree species and two inches for an accent species, reading the shade tree definition in full first. If the tree is part of an approved landscape plan, size does not matter.
Check the tree against the exclusions, hazardous and prohibited, and the citrus exemption in Section 3-1205(A).
If it is dead or failing, ask the city in writing whether a permit is required, and photograph the condition while it stands.
If it poses an unacceptable risk on a single-family detached home, read Florida Statute 163.045 first: qualifying documentation bars the city from requiring a permit, fee or mitigation.
If a permit is needed, prepare the survey, mark the trees, write the reason, file through a registered tree service online, on the city's form, or in person as a homesteaded owner-builder, and expect the Section 3-1205(D)(2) obligation to follow.
If the tree is on a condominium, HOA, apartment or commercial property, or on any site where a building permit, clearing or site work is coming, work through the development and commercial track above: the Section 4-1202(A) submittal, the Section 4-1205 statement with the building permit, barricades before land preparation, and replacement before occupancy.
The harder step is not the paperwork. It is deciding alone whether a tree is protected, or hazardous enough to sit outside the definition, and finding out afterward. A conversation with our website agent on this page covers which provisions your situation touches and what the code asks you to submit.
An assessment is something Ken's Tree Service arranges: the species and its class, the DBH at the code's measuring height, the tree's condition and the replacement diameter the site would owe. It does not decide the permit question for the city. We serve properties within roughly 20 miles of Tarpon Springs, covering north Pinellas County, west Pasco County and the northwest corner of Hillsborough County; our phone is 727-934-5804. To start, open the chat with our website agent at the bottom right of this page.
Frequently asked questions
Do I need a tree removal permit in Clearwater, and is it the city's rules or the county's?
Both reach a property inside the city, and the city's ordinance displaces the county's only where the two actually conflict. Clearwater's own Community Development Code carries a private-property permit trigger, and it has no homestead or owner occupied carve out of any kind.
Which trees are protected in Clearwater?
Protected tree means any shade tree four inches DBH or greater, and any accent tree two inches DBH or greater, and any tree or palm as part of an approved landscape plan, but excluding all hazardous and prohibited trees.
Does a dead or hazardous tree need a permit in Clearwater?
The code excludes hazardous trees from the protected definition but still weighs disease and danger of falling as removal criteria, and it does not say which way that falls. Confirm it with the city in writing before the tree comes down, and photograph the condition while it stands.
Can Florida Statute 163.045 remove the Clearwater permit requirement?
Only on a single-family, detached building on a lot actively used for single-family residential purposes, and only where the owner possesses documentation, an onsite assessment signed by an ISA certified arborist or a Florida licensed landscape architect under the Best Management Practices, Tree Risk Assessment, Second Edition (2017) procedures, finding that removal is the only means of practically mitigating the tree's risk below moderate. It does not reach condominiums, HOA common areas, apartments or commercial sites, or delegated mangrove authority.
Does a tree permit have to be approved before a building permit in Clearwater?
Yes. Under Section 4-1205, no building permit is issued unless a tree removal permit, a "no tree" statement or a "no tree removal permit required" statement is approved, and the city's guidance says tree removal that is part of construction is submitted in the Building Construction Permit (BCP) process.
Do condominium, HOA and commercial properties follow different tree rules in Clearwater?
The permit trigger and the fee are the same. The submittal is heavier (a site plan, a certified arborist's tree inventory and a tree preservation plan), removed diameter is replaced inch for inch with the $48.00 per inch tree bank payment only where the site has no room, trees in an approved landscape plan are protected at any size, and the city does not accept filings from these properties as owner-builder.
What is the penalty for removing a tree without a permit in Clearwater?
Under Section 7-103(D), $48.00 per inch of DBH, up to $5,000.00 per tree where the violation is irreparable and up to $15,000.00 for a specimen tree, plus restoration or inch-for-inch replacement, in addition to the general code penalty of up to $500.00 per civil infraction, code enforcement board fines, liens and a freeze on development approvals for the property.
Sources and scope
Every source is linked where it is used: the Community Development Code and the Code of Ordinances through Municode, Section 58-809 as adopted, Florida Statute 163.045, and city guidance pages that rank below codified text. The Community Development Code is quoted as codified through Ordinance No. 9857-25, enacted December 4, 2025 (Supplement No. 55), and the Code of Ordinances through Ordinance No. 9859-26, enacted January 15, 2026 (Supplement No. 90).
Scope: both code products were harvested in full on September 27, 2026 and every quotation here was verified against that harvest. The zoning district flexible standard criteria were sampled through Section 2-1203 only, and each district carries its own. Two ordinances not yet codified in the Code of Ordinances were not read. The city's website refused direct requests, so its guidance pages were read through the search index of the live pages. Where city guidance and codified text disagree, the code governs. Nothing here is legal advice or a determination about a specific tree, site or project; for the current position on an address, call the city at (727) 562-4567.
Related jurisdictions: tree removal permits in Tarpon Springs, tree removal permits in Dunedin, and tree removal permits in Safety Harbor, Clearwater's neighbour to the east.
Written by Forest, Property Intelligence Specialist, Ken's Tree Service, serving the area since 1996 and carrying general liability and workers compensation coverage, certificates available on request. Published September 24, 2026. Last modified September 27, 2026. Last reviewed September 27, 2026. Next review due March 27, 2027.