Do You Need a Permit to Remove a Tree in Oldsmar, Florida?

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Published September 27, 2026. Last reviewed September 27, 2026. Next review due March 27, 2027. By Forest, Property Intelligence Specialist, Ken's Tree Service.

Yes, for many trees. Oldsmar sits in north Pinellas County, and our guide to whether your city or Pinellas County sets the tree rules explains how city and county rules relate across north Pinellas. Oldsmar's own code does not draw the line in one place. The city's Land Development Code says, in Section 12.2.5, "Permits shall be required to remove specimen and resource trees from a site", and those two classes are defined by species and trunk size. The same code's definitions call every tree 4 inches in diameter or larger a protected tree, and the city's online application says approval is needed to remove trees on private property. This article reads Oldsmar's own code from the first word of each provision, for homeowners and for anyone building, clearing or managing commercial, apartment or HOA property in the city.

Key facts, verified September 27, 2026

Operative text: Land Development Code Article XII, Tree Protection, Landscaping, and Buffering, Sections 12.1 to 12.5, read with the definitions in Section 2.1 and Code of Ordinances Chapter 26, Article V, Trees on Public Property.
Code codified through: Ordinance No. 2026-08, enacted June 16, 2026 (Supp. No. 30).
Permit trigger in Article XII: removal of specimen trees and resource trees (Section 12.2.5).
Specimen trees: eleven species groups at 18 inches DBH and larger (oaks, maples, sweet gum, hickory, elm, sycamore) or 12 inches and larger (loblolly bay, sweet bay, red bay, swamp bay, southern magnolia) (Section 12.2.1).
Resource trees: the same species groups from 6 or 8 inches DBH up to specimen size (Section 12.2.2).
Protected tree definition: any tree 4 inches DBH or greater not otherwise exempted, and every mangrove (Section 2.1).
No permit needed: Brazilian pepper, poison wood, melaleuca and Australian pine (Section 12.2.10).
Application fee: $90 for up to three trees, plus $10 for each tree after the third, on the city's fee schedule effective October 2024. The fee is not in the code.
Replacement ratio or tree bank: none in the code.
Tree protection standard during construction: none in the code.
Permitting office: City of Oldsmar Planning and Redevelopment Department, 100 State Street W, Oldsmar, FL 34677, (813) 749-1142.

Whose rules apply inside Oldsmar: the city's or Pinellas County's?

Oldsmar is an incorporated city with its own tree rules, so the city's code is where the answer starts. The county's code also speaks to incorporated cities. Pinellas County Code Section 58-809 reads: "This article shall apply to property, 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."

Where Oldsmar's ordinance and the county's conflict, then, Oldsmar's prevails by the county's own words. Neither code says what happens where Oldsmar's code is silent and the county's is not, for example a palm or a tree outside Oldsmar's species lists. That question is not resolved by either code, and this article does not resolve it. Ask Oldsmar's Planning and Redevelopment Department first, and, for a tree the city says it does not regulate, ask Pinellas County as well. Our Pinellas County tree removal permit guide covers the county's rules on the county's own sources.

A tree in a county-maintained right-of-way inside the city is a separate case: under Section 58-809 it needs a county permit. Right-of-way trees are covered in their own section below.

Which trees need a permit?

Oldsmar's code gives three different answers, and a reader deserves to see all three.

1. The Article XII answer: specimen and resource trees. Section 12.2.1 opens: "The conservation of native trees on a site is strongly encouraged; however, the protection of the following species of trees shall be mandatory: all oak species; all maple species; sweet gum; hickory; elm; loblolly; sweet bay; real bay; swamp bay; sycamore; magnolia."

In plain terms:

Species group: All oaks, maples, sweet gum, hickory, elm. Resource tree: 6 inches DBH up to specimen size. Specimen tree: 18 inches DBH and larger.

Species group: Southern magnolia (Magnolia grandiflora). Resource tree: 6 inches DBH up to specimen size. Specimen tree: 12 inches DBH and larger.

Species group: Loblolly bay, sweet bay, red bay (the code's "Real bay"), swamp bay. Resource tree: 8 inches DBH up to specimen size. Specimen tree: 12 inches DBH and larger.

Species group: Sycamore. Resource tree: 8 inches DBH up to specimen size. Specimen tree: 18 inches DBH and larger.

Section 12.2.5 then reads in full: "Permits shall be required to remove specimen and resource trees from a site. Within the context of the protection requirements as set forth in sections 12.2.3 and 12.2.4, every effort shall be made to remove only those trees which, for reasons of distress, have the least likelihood for longterm survival, as opposed to the removal of healthy tree varieties."

2. The definitions answer: any tree 4 inches or larger. Section 2.1 defines a protected tree: "Protected tree. A deciduous or evergreen shade/canopy tree which has been designated by the city to be of such a type, species or kind as to be retained in its natural state. For the purpose of this code, a "protected tree" shall be any tree that has a DBH of four inches or greater, and which is not otherwise exempted from these regulations. For the purpose of these regulations, all mangroves are hereby declared to be protected trees." The same section defines a tree: "Tree. The term "tree" applies to all woody plants having one or more well-defined perennial stems (trunks), a definitely formed crown of foliage and obtaining at maturity a total height of at least 15 feet."

3. The city's application answer: trees on private property. The city's Planning and Redevelopment form center describes its Tree Removal Application this way: "Must get approval to remove trees on private property or for residential properties owner may provide documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property."

The code does not reconcile the three. Article XII writes the permit requirement for eleven species groups, the definitions reach any tree 4 inches DBH or larger that is not otherwise exempted, and the city's form speaks of trees on private property with no size or species limit. Which of them the city applies to a laurel oak at 5 inches, a camphor tree, or a live oak at 7 inches is the city's decision. Before any tree 4 inches DBH or larger comes down, ask Planning and Redevelopment at (813) 749-1142 whether it needs a permit.

What "remove" means

Section 2.1 defines the word the permit rule turns on: "Remove. To relocate, cut down, damage, poison, or in any other manner destroy or cause to be destroyed, a tree." Damaging or poisoning a tree falls inside that definition, and so does relocating one, even on the same lot.

Palms

No palm appears on either species list in Sections 12.2.1 and 12.2.2, and no provision of Article XII protects palms by height or trunk. The protected tree definition opens with "A deciduous or evergreen shade/canopy tree," and whether a palm falls inside it is not resolved by the code. The only Article XII statement about palms as trees is in the landscaping rules for parking areas, Section 12.3.3: "Palms may be considered trees in accordance with standards set by the city." Ask the city before a palm is removed, and read the county question above.

How to measure your own tree

Oldsmar measures at 54 inches. Section 2.1: "Diameter at breast height (DBH). "Breast height" is defined to be 54 inches above the surface of the ground at the base of the plant or tree. In the case of a tree with multiple main stems, the diameter shall be the sum of the diameters of the stems."

Wrap a tape measure around the trunk 54 inches above the ground.
Divide the circumference by 3.14 to get the diameter.
For a tree with more than one main stem, work out each stem's diameter and add them together, because the code uses "the sum of the diameters of the stems."

The circumference that matches each line in Oldsmar's code, for a single trunk:

Diameter (DBH): 4 inches. Where it appears: protected tree definition, Section 2.1. Circumference at 54 inches: about 12.56 inches.

Diameter (DBH): 6 inches. Where it appears: resource tree floor for oaks, maples, sweet gum, hickory, elm, magnolia. Circumference at 54 inches: about 18.84 inches.

Diameter (DBH): 8 inches. Where it appears: resource tree floor for the bays and sycamore. Circumference at 54 inches: about 25.12 inches.

Diameter (DBH): 12 inches. Where it appears: specimen tree floor for the bays and magnolia. Circumference at 54 inches: about 37.68 inches.

Diameter (DBH): 18 inches. Where it appears: specimen tree floor for oaks, maples, sweet gum, hickory, elm, sycamore. Circumference at 54 inches: about 56.52 inches.

For a multi-stem tree the circumference shortcut does not work stem by stem: add the diameters, then compare the total.

Which trees are exempt?

Section 12.2.10 lists four nonnative species the city encourages removing and says permits are not required to remove them: Brazilian pepper (Schinus terebinthifolius), poison wood (Rhus vernix, as the code names it), melaleuca or punk (Melaleuca leucadendron), and Australian pine (Casuarina). A fifth item on the same list, diseased or infested trees of any species, is treated differently: "Removal of diseased or infested trees shall require certification by a professional in the field documenting the nature and extent of disease and/or infestation." The section does not say that a diseased tree needs no permit; it adds a certification requirement.

A longer exemption list sits elsewhere in the code, and it is easy to misread. Code of Ordinances Section 26-131 exempts species including Chinese tallow, camphor tree, carrotwood, queen palm and bottlebrush, but only "from the terms and provisions of this article", which is Chapter 26, Article V, Trees on Public Property. That list does not exempt a camphor or a queen palm on private property from Article XII.

Is pruning or damage regulated?

Article XII regulates removal, and its definition of remove includes damage and poisoning. The code sets no pruning permit and no pruning standard for trees on private property. The only pruning standard in the whole code applies to utilities trimming in the right-of-way, under Section 58-95: "Tree trimming will be accomplished in accordance with the American National Standards Institute (ANSI) A300 pruning standards."

Topping is banned for public trees. Section 26-127: "It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree." That section is written for street trees, park trees and other trees on public property.

The city can prune a private tree in one case. Section 26-128: "The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with the visibility of any traffic control device or sign."

Dead and hazardous trees

The tree permit provisions say nothing about dead trees, one way or the other. The code deals with them in Section 26-129, which gives the city the power to order hazardous ones removed: "The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or diseases which constitute a potential threat to other trees within the city. The parks and recreation department will notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the service of the notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of the removal to the owners of the property."

Because the code does not exempt a dead tree from the permit rule, confirm with Planning and Redevelopment before a dead specimen or resource tree is removed.

Mangroves

Oldsmar's code declares every mangrove a protected tree, and it defines mangroves twice. The tree definition in Section 2.1 includes four mangrove varieties "wherever they shall occur within the incorporated limits of Oldsmar", naming red, white and black mangrove and buttonwood. A separate definition in the same section reads: "Mangrove. Rooted trees and seedlings of the following species, but only when having a coastal or estuarine association: red mangrove (Rhizophora mangle), white mangrove (Laguncularia racemosa), Black mangrove (Avicennia germinans), buttonwood mangrove (Conocarpus erecta)." So one definition reaches the four species wherever they grow in the city, and the other only where they have a coastal or estuarine association. The code does not reconcile them.

Mangrove trimming and alteration is also regulated by Pinellas County under state delegation. Pinellas County Code Section 58-602 reads: "The Florida Department of Environmental Protection (FDEP) has delegated its authority to regulate the trimming and alteration of mangroves to the county which requested such delegation", and continues: "In no event shall more than one permit for the alteration or trimming of mangroves be required within the jurisdiction of any delegated local government. The county shall issue all permits required by law and in lieu of any FDEP permit provided for by F.S. §§ 403.9321 through 403.9333." Section 58-603 adds: "This article shall be effective in the incorporated as well as unincorporated areas of the county." The county's definition in Section 58-604 names three species and not buttonwood.

Oldsmar sits on Old Tampa Bay, so this matters to waterfront owners. Before any mangrove or buttonwood is trimmed or removed, contact both the city and Pinellas County. The state route in Florida Statute 163.045, below, does not apply to delegated mangrove authority.

Florida Statute 163.045: the state route for a residential tree

Florida Statute 163.045 is a state law that stops a local government from requiring a permit for a tree on residential property when the owner holds a specific kind of documentation. Oldsmar's code does not mention the statute anywhere. The city's online Tree Removal Application does, and its wording is looser than the statute's: "Residential property owner may provide documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property in lieu of obtaining City permit." The statute's test is narrower than "presents a danger", and the statute governs.

Every condition the statute sets

The route is available only when all four of these are true.

The property is residential property as the statute defines it. Subsection (1)(b): "(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." Townhomes, condominiums, apartments, HOA common areas and commercial property are outside it.
The owner possesses documentation from an arborist certified by the ISA or a Florida licensed landscape architect, under subsection (2).
The documentation is an onsite assessment, performed to a named standard and signed. Subsection (1)(a): "(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."
The documentation shows the tree poses an unacceptable risk, as the statute defines it. Subsection (2): "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)."

A structurally sound tree does not qualify, and neither does a tree whose risk can practically be brought below moderate by pruning or another measure. A letter saying a tree "presents a danger" is not, by those words alone, the documentation the statute describes.

What the statute gives, and what it does not reach

Where every condition is met, subsection (2) says: "(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." Subsection (3) bars replanting: "(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." Subsection (4) sets the scope limit: "(4) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321 - 403.9333 ." The statute's history line reads "s. 1, ch. 2019-155; s. 1, ch. 2022-121."

Ken's Tree Service does not sign this documentation itself. Where a homeowner wants it, the signed report is something we arrange as part of the job.

What replacement is owed?

Oldsmar's code has no tree-for-tree or inch-for-inch replacement ratio, no tree bank and no fee in lieu of replanting. The replacement rules it does carry are these.

Trees that die must be replaced. Section 12.2.9: "All trees relocated, replaced, or existing within the terms of this article shall be replaced in the event said trees expire."
Minimum canopy trees on a house lot. Section 12.3.1 requires canopy trees "on all land uses in the city," and for single-family detached, duplex and triplex land uses sets a minimum by lot size: 2 trees for a lot of 4,000 to 6,000 square feet, 4 trees for 6,000 to 9,500, 6 trees for 9,500 to 16,500, and 8 trees over 16,500 square feet, plus one tree for each 2,000 square feet over 16,500. The lot-size subsection does not say what a removal on an existing house lot triggers. Ask the city whether it will require the lot to be brought back to that minimum.
Relocated trees count. Section 12.2.7: "Trees may be relocated to suitable areas of the development. Relocation shall be performed in accordance with sound industry practices, including watering, to ensure survival of relocated trees. Relocated trees may be applied toward replacement trees."

Section 2.1 defines canopy for these rules: "Canopy. For the purpose of these regulations, canopy refers to the area shaded by the crown of a mature tree, which is listed among the approved species for the city and has a vertical clearance beneath its lowest branches of at least eight feet."

What does the permit cost?

The code does not set the tree permit fee. Section 1.5.1 leaves fees to resolution: "Any fees or charges established by the city pursuant to the regulations or requirements established herein may be changed from time to time by resolution of the city council, and such changes shall both be considered an amendment to this Code."

The city's Permit, Inspections and Plans Examination Fee Schedule, in its column headed "Fees Effective Oct. 2024", lists the Tree Removal Application at $90, with the footnote: "Fee represents base fee for the removal of up to three trees. For each tree in addition to the initial 3 trees, there will be a $10.00 fee per tree." The online application shows the same $90 and says "Fee will become due upon submittal/processing of application." The same schedule charges an after-the-fact permit at two times the permit fee for a first violation, and ten times the permit fee for a second or later violation in any job or 12 month period. Those multipliers are in the fee schedule, not in the code.

How to apply

Measure each tree at 54 inches and check the species against the lists above.
Ask the city whether each tree needs a permit, if it is 4 inches DBH or larger and not one of the four exempt species. Planning and Redevelopment, 100 State Street W, Oldsmar, FL 34677, (813) 749-1142, per the city's Post-Storm Permitting Guide. City Hall's main line is 813-749-1100.
Apply online. Use the city's Tree Removal Application. It asks for the tree removal address; whether the property is commercial or residential; the property owner's name, address, phone and email; the "Type and number of trees to be removed:"; an upload of "the survey/site plan showing the location and number of trees to be removed"; the reason for removal; and a signature. It states: "You must be the legal property owner/qualified license holder or authorized agent which match our registration records."
For the Florida Statute 163.045 route, the same form carries a checkbox labelled "HB1159 (F.S. 163.045)". Read the statute's conditions above before relying on it.

No review timeline for a tree removal application was found in the code, on the form or in the fee schedule.

What happens if a tree is removed without a permit?

The Land Development Code's general penalty reaches anyone involved, not only the owner. Section 1.7.1: "Any person, whether as owner, lessor, principal, agent, employee or otherwise, who violates any of the provisions of this Code, or permits any such violation to continue, or otherwise fails to comply with the requirements of this Code or of any plan or statement submitted and approved under the provisions of this Code, shall be guilty of an ordinance violation and subject to prosecution. Each day such violation continues shall be considered a separate offense."

Fines in court. Code of Ordinances Section 1-15: "(a) It shall be unlawful for any person to violate or fail to comply with any provision of this Code. Where no penalty is specifically provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding $500.00. Each day any violation of any provision of this Code shall continue shall constitute a separate offense."
Code enforcement board fines and liens. Section 2-134: "the code enforcement board may order the violator to pay a fine to the city, not to exceed $250.00 per day that the violation continues past the compliance date established in its order, or, in the case of a repeat violation, the code enforcement board may order the violator to pay a fine, not to exceed $500.00 per day for each day the repeat violation continues," It adds: "If, after due notice and hearing, the code enforcement board finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine not to exceed $5,000.00 per violation." A cut tree cannot be put back, which is why that clause matters. A recorded fine order becomes a lien: "(c) A certified copy of an order imposing a fine or a fine plus repair costs may be recorded in the public records of Pinellas County, Florida, and thereafter such order shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator."
Injunctions. Section 1.8.1: "In addition to any penalty provided by law for the violation of any of the provisions of this Code, the city council may bring suit in the appropriate circuit court to enjoin, restrain, or otherwise prevent the violation of any of the provisions of this Code."
After-the-fact permit fees, two or ten times the permit fee, from the fee schedule above.

A complaint needs a name. Section 2-137: "(3) A code enforcement officer may not initiate an investigation of a potential violation of a duly enacted code or ordinance by way of an anonymous complaint. A person who reports a potential violation of a code or an ordinance must provide his or her name and address to the city before an investigation may occur. This paragraph does not apply if the code inspector has reason to believe that the violation presents an imminent threat to public health, safety, or welfare or imminent destruction of habitat or sensitive resources."

Can a decision be appealed?

A decision of the community development director, who administers the Land Development Code, goes to the board of adjustment. Section 3.8.4: "Appeals to the board of adjustment concerning interpretation or administration of these regulations or for variance under these regulations may be taken by any person aggrieved by any decision, determination or requirement of the community development director. Such appeals shall be taken within a reasonable time, not to exceed 30 days, by filing with the community development department, planning division, a notice of appeal specifying the grounds thereof." An appeal stays the action unless the director certifies a hazard, under Section 3.8.5: "An appeal stays all proceedings in furtherance of the action appealed unless the community development director, from whom the appeal is taken, certifies to the board of adjustment after the notice of appeal is filed with him that by reasons of facts stated in the certificate a stay would, in his opinion, cause a hazard to life or property." After the board, Section 3.8.9: "Any person aggrieved by the decision of the board of adjustment may seek judicial review of such decisions by filing a notice of appeal, in the form prescribed by the Florida Appellate Rules, in the circuit court, within 30 days of the decision being appealed."

A ruling by the parks and recreation department about a public tree goes to the city council instead, under Section 26-130: "Any person may appeal from any ruling or order of the parks and recreation department to the city council who may hear the matter and make the final decision." That section sets no deadline, so move quickly.

Trees in the right-of-way

Street trees belong to the city's program, not the owner's. Section 26-120: "For the purposes of this article, street trees are herein defined as trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the city." Section 26-126: "The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry of such public grounds."

At the same time, the owner carries maintenance of the strip next to the lot. Section 12.3.3.4: "12.3.3.4. Owner responsibility for right-of-way. It shall be the responsibility of the owner, tenant or agent for the maintenance of parkway and right-of-way areas outside the property line contiguous to the property in accordance with the standards set forth in this article."

Any construction in a right-of-way needs its own authorization. Section 58-84: "(b) No person shall begin any construction within a right-of-way without first obtaining a rights-of-way utilization authorization or an expedited permit from the city. Such authorizations are in addition to any other governmental approvals that may be required." and "The fee shall be triple for work in the right-of-way initiated without a permit." The city's fee schedule lists slabs, driveways and sidewalks in the right-of-way at $85. Street trees must come from the city's list: Section 26-122: "The following list constitutes the official street tree species for the city. No species other than those included in this list may be planted as street trees without written permission of the city manager or his/her designee."

A tree in a county-maintained right-of-way inside Oldsmar needs a Pinellas County permit, under County Section 58-809 quoted above.

If you own or manage commercial, apartment or HOA property

Nothing in Article XII limits the tree rules to houses. Section 12.2.5 requires a permit "to remove specimen and resource trees from a site", whatever the site is used for, and the definitions of protected tree and tree in Section 2.1 draw no line between property types. The city's online application asks the applicant to check commercial or residential, and the fee schedule lists one Tree Removal Application fee, $90 for up to three trees plus $10 for each additional tree, with no separate commercial rate. No separate commercial tree fee was located.

Replacement on a commercial, multifamily or industrial site follows the canopy rules, not a tree bank. Section 12.3.1.3 requires shading of impervious surfaces: "Canopy tree shading is required on all impervious surfaces associated with multifamily residential, commercial and industrial land uses. Impervious surfaces shall include all structures, all land paved with concrete or asphalt that is used for off-street parking, driveways, sidewalks, and service areas." It sets the minimum by the area of impervious surface: one tree per 1,000 square feet for less than 10,000 square feet; one tree per 2,500 square feet plus 10 additional trees for 10,000 to 110,000 square feet; and one tree per 5,000 square feet plus 50 additional trees over 110,000 square feet, in each case "Or fraction thereof". The same subsection continues: "Any removal of canopy trees shall require that up to this minimum number will be replaced. Any canopy trees left in good condition on the site may be counted towards these minimum numbers."

Trees in an approved landscape plan or a protected area. Three rules bind property that has already been through development review, and a property manager should know all three before a tree comes out.

The approved plans are binding. Section 12.5, item 4, ends: "Regardless of the detail, the contents of the plans shall be binding."
Changing an approved site plan takes an amendment. Section 3.3.11: "Any modification, variation or adjustment of a stamped approved site development plan shall require approval of a site development plan amendment according to the following:" The fee schedule lists a Minor Change to Site Plan at $150.
Specimen and resource trees kept during development are protected by recorded instruments, which an HOA may hold. Section 12.2.3 says: "The developer of a site shall provide legal mechanisms which insure the protection of specimen trees after construction has occurred on the development. Such mechanisms may include, but not be limited to, conservation easements, common open space, tree protection easements, deed restrictions and homeowner association documents." Section 12.2.4 says the same for resource trees. Check the plat, easements and association documents before removing a tree in common open space.

Replacement trees keep their protection. Section 12.2.8: "Replacement trees shall be considered protected trees and shall be spaced sufficiently far apart to allow adequate growth room for the species."

Who may apply for an association or a commercial owner. The application must be signed by someone who fits the form's statement: "You must be the legal property owner/qualified license holder or authorized agent which match our registration records." The form does not name property managers separately; a manager or contractor applying for an owner should confirm with Planning and Redevelopment what authorization the city will accept.

The state route does not apply. Florida Statute 163.045 reaches only "a single-family, detached building located on a lot that is actively used for single-family residential purposes", so it does not apply to commercial, multifamily, townhome or HOA common property.

If you are building, adding on, paving, subdividing or clearing

What puts a project on the development track

Article XII applies to far more than new buildings. Section 12.5, items 4 and 5: "4. An overall site plan and landscape design demonstrating complete compliance with the provisions of this article shall be submitted to the community development director for his review and approval, prior to the issuance of a building permit. This article applies to every development action that requires the issuance of a building permit, which shall include new construction; the addition of useable floor area to an existing building or structure; the construction of impervious surfaces for any of the purposes stipulated in this Code; and the construction or placement of walls, berms, fences, and accessory structures. The detail required of such site plans and landscape design may vary with the land use; in particular, for residential development of less than three dwelling units, the plans may be sketches. Regardless of the detail, the contents of the plans shall be binding. 5. Until a compliance inspection of the premises on which landscaping required by this article is conducted by the community development department, no certificate of occupancy shall be issued."

A pool deck, a driveway widening, a fence or a shed is a development action under that sentence when it needs a building permit. Separately:

Site plan review is required, under Section 3.3.4, "for all construction except one and two family dwellings", and Section 3.3.5 lists when it is required, including: "Site development plan approval shall be required prior to the issuance of a building permit where any of the following exists: 1. A parcel of land proposed for a nonresidential use. 2. A parcel of land proposed for multiple-family residential, townhouse, or hotel/motel use consisting of four or more units." and "4. A parcel of land devoted to a nonresidential use or a parcel of land devoted to four or more multiple-family, townhouse or hotel/motel units which use of land or building is proposed to be expanded by 25 percent or more of lot area or building floor area."
Parking lots. Section 12.3.3.1: "12.3.3.1. Administration. Prior to the development or expansion of any vehicular use area, application shall be made to the city for issuance of a grounds permit."
Subdivisions follow the certified plan process in Sections 4.4.5 and 4.4.7, below.

Sequencing with the building permit and certificate of occupancy

Site plan and landscape design first. Section 12.5, item 4 requires the site plan and landscape design to be approved "prior to the issuance of a building permit." Section 3.3.2 says the same for site plan projects: "4. All land development subject to the site development plan review process shall have such site plan prepared, processed, reviewed, and approved in accordance with the city's site development plan review process prior to issuance of any building permit."
Tree removal after site plan approval. Section 3.3.10: "Upon approval of the site development plan, the applicant may proceed to submit detailed construction drawings to the appropriate city departments for permitting. These shall include, but are not limited to, detailed building plans, tree removal and clearing and grubbing applications/plans, lighting plans, identifying location of fixtures, intensities and wiring."
For a subdivision, after the certified plan. Section 4.4.7: "Upon approval of the certified plan the applicant may proceed with permitting for installation of improvements. Improvements shall include tree removal, clearing and grubbing, installation of streets and utilities, and installation of stormwater management systems."
The building permit application can be asked to show protected trees. Section 3.3.2.2 lets the city request supplementary information including the "exact location of trees protected by the code".
No certificate of occupancy before the landscape inspection. Section 12.5, item 5: "5. Until a compliance inspection of the premises on which landscaping required by this article is conducted by the community development department, no certificate of occupancy shall be issued." For multifamily, commercial and industrial sites, Section 12.3.2.2 adds that the site must be turfed before a certificate of occupancy is issued.

Right-of-way clearing for a new street does not skip the tree permit. Section 15.4.1: "Trees may be selectively cleared away from the recovery area and all grades, including grades for streets and drainage; however, tree removal shall be subject to securing permits as required by the landscape article of this Code."

What the submittals must show

A tree survey locating every specimen and resource tree. Sections 12.2.3 and 12.2.4: "A tree survey shall be required to locate all specimen trees on the site development." and "A tree survey shall be required to locate all resource trees on the site development."
On the site plan. Section 3.3.14: "7. Identification of watercourses, wetlands, tree masses, ground cover vegetation and wildlife habitats or other environmentally unique areas; survey of specimen trees and identification of resource trees." The plan also carries "3. The engineer's name, address, telephone number and registration number."
On a subdivision certified plan, trees down to 4 inches. Section 4.4.5: "10. Natural features within and adjacent to the proposed plat including drainage channels, bodies of water, wetlands, survey location of trees four inches or greater in diameter breast height (DBH) with specific identification of specimen trees and resource trees as set forth in article XII of this Code,"
On a parking lot plan. Section 12.3.3.2 requires the plan to show "existing trees over six inches in diameter".
For a planned unit development overlay, Section 5.9.6: "6. Include a tree survey and proposed landscape plan of the site;" For a development agreement, Section 14.7.3 lists "14. A landscape plan and existing tree survey."

The survey rules in Sections 12.2.3 and 12.2.4 are written without a named preparer. The one tree-specific credential rule in Article XII is the certification "by a professional in the field" for removing a diseased or infested tree, in Section 12.2.10. Ask the city what it will accept.

Tree preservation standards on a development site

Article XII sets retention by percentage, keyed to the number of trees per acre.

Specimen trees, Section 12.2.3: 80 percent of all specimen trees where there are fewer than 3 per acre; 65 percent at 3.0 to 5.0 per acre; 60 percent in the next band; and a fixed 4 specimen trees per acre in the top band.
Resource trees, Section 12.2.4: 30 percent of all protected trees where there are fewer than 3 per acre; 15 percent at 3.0 to 5.0 per acre; 10 percent at 5.1 to 8.0 per acre; and 1 specimen tree per acre in the top band.
Area set aside, Section 12.2.6: "Fifteen percent of the square footage of any development shall be designated for the protection of trees. The area requirement to protect specimen trees and resource trees may be included to satisfy this requirement. This required area may be constituted as one or more subareas within the development. Said area may include any landscape buffer or other landscape areas required by this article. Such designated areas shall contain sufficient land area to comply with minimum tree protection standards to adequately protect the trees contained within the areas. A minimum of 50 percent of the required minimum number of trees as specified shall consist of existing trees within said area. The city may provide for a waiver or modification of this requirement if the development contains an insufficient amount of existing trees to meet this requirement or, if the city determines that modification of this requirement is warranted by specific on-site basis."
Distressed trees first, Section 12.2.5: "Within the context of the protection requirements as set forth in sections 12.2.3 and 12.2.4, every effort shall be made to remove only those trees which, for reasons of distress, have the least likelihood for longterm survival, as opposed to the removal of healthy tree varieties."
Layout, Section 6.24.13: "Special consideration shall be given in the layout of streets, lots, blocks, buildings, and easements to the preservation of resource and specimen individual trees."
Buffer credit for keeping native vegetation, Section 12.4.1: "12.4.1.3. Buffer yard credits. The developer of a land use, or uses, subject to the provisions of this article may be credited with a reduction in the standard for buffer yards that apply to his development from a full buffer yard width to 75 percent of that width. In order to receive maximum credit, all healthy, native plant materials on the perimeter of the site, where buffer yards would be required, must be preserved."
Natural vegetation retention areas, Section 12.2.8: "Areas of development may be designated as natural vegetation retention areas indicating that all existing vegetation shall remain undisturbed on the area site. Under this designation trees which contain sufficient size to meet the minimum replacement size up to six inches DBH size may be retained as replacement trees. Replacement trees shall be considered protected trees and shall be spaced sufficiently far apart to allow adequate growth room for the species."

Two of the density tables are defective as written; the defects are set out under "Defects in the code itself" below. Confirm with the city which band it applies before a site plan relies on it.

Protecting trees during construction

Oldsmar's code sets no tree protection standard for construction. It has no protection zone or root zone requirement for trees, and its only barricade rules are for street excavations, utility work and street construction. Section 2.1 defines the drip line ("Drip line. An imaginary, perpendicular line that extends downward from the outermost portion of tree branches extending to the ground.") but no operative section found uses it. The nearest rule is a planting and preservation area for canopy trees in Section 12.5, item 1(a): "a. Planting areas may serve the dual purpose of retention areas particularly with respect to the area required for the planting or preservation of canopy trees, which shall generally be 190 square feet for large canopy trees and 100 square feet for small canopy trees."

The absence cuts both ways. Nothing in the code tells a builder how to protect a retained tree, but a retained specimen or resource tree that is damaged has been "removed" under the Section 2.1 definition, and Section 12.2.9 says: "All trees relocated, replaced, or existing within the terms of this article shall be replaced in the event said trees expire." Site plan conditions may carry protection requirements the code does not; read the approved plan.

Replacement and landscaping on a development site

There is no replacement ratio. What a development site must plant or keep comes from the landscaping rules.

Canopy minimums. Single-family, duplex and triplex lots use the lot-size table in Section 12.3.1.2; multifamily, commercial and industrial sites use the impervious-surface table in Section 12.3.1.3, with the rule that "Any removal of canopy trees shall require that up to this minimum number will be replaced."
Existing trees within the protected area. Section 12.2.6: "A minimum of 50 percent of the required minimum number of trees as specified shall consist of existing trees within said area."
Relocation and retention count. Section 12.2.7 lets relocated trees count toward replacement, and Section 12.2.8 lets trees up to six inches DBH in a natural vegetation retention area be retained as replacement trees.
Sizes for required trees in parking areas. Section 12.3.3.5: "a. All required trees other than palms shall be a minimum of eight feet high at the time of planting. If palms are used, they shall consist of no more than 50 percent of the total tree requirement for any vehicular use area and shall have a minimum of ten feet clear wood planting."
When it is due. No certificate of occupancy issues until the landscape compliance inspection under Section 12.5, item 5, and trees that later die must be replaced under Section 12.2.9.

Development, clearing and landscape fees

The code sets none of these; the city's fee schedule, effective October 2024, lists them:

Tree Removal Application: $90 for up to three trees, $10 for each additional tree.
Clearing, Grubbing: $135 base, with the footnote: "Fee represents the base fee which may be adjusted to reflect a $50.00 per acre charge for properties over 3 acres and a tree removal charge of $10.00 for each tree removed during the clearing process."
Fill: $170.
Landscape, Residential: $95 per dwelling unit. Landscape, Commercial: $95 per acre or fraction of an acre.
Site Plan (TRC Review): $75. Minor Change to Site Plan: $150.
After-the-fact permit: two times the permit fee for a first violation; ten times for a second or later violation in any job or 12 month period.

Is there a separate clearing, grubbing or fill permit?

The fee schedule lists Clearing, Grubbing and Fill permits, but the code sets out no procedure for them. The code refers to "tree removal and clearing and grubbing applications/plans" after site plan approval (Section 3.3.10) and to clearing and grubbing as an improvement after a certified plan (Section 4.4.7). Section 2.1 keeps clearing and tree removal apart: "Clearing. The effective removal of vegetation from a substantial part of the land, other than tree removal. Mowing of cleared or semi-cleared areas of land are not included in this definition." A clearing permit, on the code's own definition, is not a tree permit, even though the fee schedule charges $10 for each tree removed during clearing. Ask Planning and Redevelopment which applications a clearing job needs.

What contractors are answerable for

Personal liability. Section 1.7.1 makes "Any person, whether as owner, lessor, principal, agent, employee or otherwise" who violates the code "guilty of an ordinance violation and subject to prosecution", with each day a separate offense. A tree crew or site contractor is inside that sentence.
Stop work and lost permits. Section 3.2: "He shall order the discontinuance of illegal use of land, buildings or structures, removal of illegal buildings or structures or of illegal addition, alterations, or structural changes; discontinuance of any illegal work being done;" and Section 3.3.13: "Failure to comply with a stamped approved site development plan or any of the conditions upon which such approval was contingent, including time limits for performance, shall be cause to deny issuance of a building permit or, where a permit has been issued pursuant to a stamped approved site development plan, to render such building permit invalid. Any action, construction, development or use of property undertaken in violation of the provisions of this section for a site plan shall constitute a violation of this Code and may be subject to a stop work order."
Fines and liens under Sections 1-15 and 2-134, above, and after-the-fact permit fees from the fee schedule.
Licensing and insurance. The code sets no licensing, insurance or registration requirement specific to tree service contractors. What it has is a local business tax: Section 62-58: "No person shall engage in or manage any business, profession or occupation set forth in this article within the limits of this city unless a city receipt shall have been procured from the office of the city manager or his designee." The schedule in Section 62-77 lists "Tree removal, trimming and surgery" at $62.00.

Right-of-way and utility work by contractors

Authorization first. Section 58-84(b) requires a rights-of-way utilization authorization before any construction in a right-of-way, and 58-84(d) triples the fee for work started without a permit.
Utilities and greenery. Section 58-95: "(a) If a utility seeks to permanently or temporarily remove any greenery from the rights-of-way, the utility seeking to remove the greenery shall review their plan with city staff a minimum of 45 days prior to the start date." It adds: "(c) Any permanent removal of greenery from rights-of-way or public land is specifically prohibited unless absolutely necessary. Permanent removal of greenery is presumed unnecessary and specific facts regarding the necessity of removal shall be provided to the public works director or designee." Trimming follows ANSI A300.
New streets. Section 15.4.1.1 keeps tree removal during right-of-way clearing subject to the landscape article's permits.
County roads. A tree in a county-maintained right-of-way needs a Pinellas County permit under County Section 58-809.

Appeals and variances on development decisions

Site plan denials. Section 3.3.7: "An applicant may appeal a decision rendered by the technical review committee on an application for site development plan approval to the city manager. An appeal will be directed to the city manager in writing or by email within seven days of the issuance of the TRC's denial." Then: "A site plan denied by the city manager may be appealed to the city council. Appeals to the city council shall be commenced by filing a notice of appeal with the city clerk within 14 days of the decision of the city manager."
Director decisions, including on tree and landscape requirements: to the board of adjustment within 30 days under Section 3.8.4, then to circuit court within 30 days under Section 3.8.9.
Variances. Section 3.17 limits what the board may vary: "The board may grant variances on any parcel of land as to the following: 1. Minimum lot area requirements. 2. Minimum lot dimension requirements. 3. Building area requirements. 4. Setback requirements. 5. Impervious surface ratio (ISR) requirements. 6. Floor area ratio (FAR) requirements. 7. Maximum height restrictions. 8. Minimum parking requirements." Tree protection and landscaping are not on that list. The code's own relief for tree protection is the waiver in Section 12.2.6: "The city may provide for a waiver or modification of this requirement if the development contains an insufficient amount of existing trees to meet this requirement or, if the city determines that modification of this requirement is warranted by specific on-site basis." Any variance must meet the standards in Section 3.17.3, which open: "A variance shall not be granted unless the following are affirmatively shown to exist:"

Where the city's guidance and its code differ

The codified Land Development Code is the law. Where a city web page or form says something different, the code governs.

Which trees need a permit. The form center says "Must get approval to remove trees on private property", with no size or species limit. Article XII's permit rule names specimen and resource trees; the definitions reach any tree 4 inches DBH or larger. The city has not resolved which it applies.
The FS 163.045 test. The form says a tree that "presents a danger to persons or property" qualifies. The statute requires an unacceptable risk, with removal the only practical way below moderate, on a single-family detached lot. The statute governs.
Fees and after-the-fact penalties. The $90 fee and the two-times and ten-times after-the-fact multipliers are on the fee schedule, adopted under Section 1.5.1, and not in the code text.
Clearing and tree removal. The code defines clearing as removal of vegetation "other than tree removal"; the fee schedule charges per tree removed during clearing.

Defects in the code itself

Specimen tree is defined twice. Section 2.1: "Specimen tree. A tree which has been determined by the judgment of a professional forester, horticulturist, landscape architect, or other professional plants man to be of high value because of its type, size, age or other professional criteria, and has been officially made and promulgated as part of the official records of Pinellas County, Florida." Section 12.2.1 defines specimen trees by species and size instead. This article uses the Section 12.2.1 table because it is the operative Article XII provision.
The specimen protection table has an impossible band. Section 12.2.3 lists "3.0 to 5.0 per acre", then "5.1 to 5.0 per acre", then "8.0 or more per acre | 4 specimen trees/acre": the middle band cannot exist as written, no band covers 5.1 to 7.9 trees per acre, and the top row states a count rather than a percentage.
The resource protection table overlaps itself. Section 12.2.4 lists "5.1 to 8.0 per acre" and then "5.0 or more per acre | 1 specimen tree per acre", which overlaps the band before it and names specimen trees inside the resource table.
Two mangrove definitions, covered above.
Missing figures. Article XII's footnote says its figures and tables are in Appendix 2, Figures, Drawings, Specifications. The harvested Appendix 2 text opens with fire hydrant specifications, and no tree figure was located there.

What the city does not publish

Each item below was checked against the whole codified text of the Code of Ordinances, including the Land Development Code and the Towne Centre code.

No reference to Florida Statute 163.045 in the code.
No tree permit application procedure, review criteria or review timeline.
No tree replacement ratio, tree bank or tree fee in lieu.
No tree protection standard for construction: no protection zone, root zone or tree barricade rule.
No licensing, insurance or registration requirement specific to tree service contractors.
No codified clearing, grubbing or fill permit procedure.
No palm protection rule.
No rule on dead trees in the tree permit provisions.
No pruning permit or pruning standard for private trees; the only pruning standard, ANSI A300, is for utilities in the right-of-way.

Screening a tree service for work in Oldsmar

Because the code sets no licensing or insurance requirement for tree services, a bid in Oldsmar comes with no city credential attached beyond the local business tax category. What the code does do is make an agent or employee who takes part in a violation answerable for it under Section 1.7.1. Two questions are worth asking any company before work starts: will it confirm with the city, before cutting, whether each tree needs a permit, and will it show you its general liability and workers compensation certificates. Ken's Tree Service leads with both certificates.

If you manage a larger property, the same two questions apply to every contractor on site, not only the tree crew, because Section 1.7.1 reaches anyone who violates the code "or of any plan or statement submitted and approved".

Where this leaves your tree

Confirm the property is inside the City of Oldsmar.
Measure the tree at 54 inches and divide the circumference by 3.14; add the stems together on a multi-stem tree.
Check the species against the specimen and resource lists, and the four exempt species in Section 12.2.10.
For any tree 4 inches DBH or larger that is not exempt, ask Planning and Redevelopment at (813) 749-1142 whether it needs a permit. For a mangrove or buttonwood, ask Pinellas County too.
On a single-family detached lot, check whether every condition of Florida Statute 163.045 is met.
On a development, commercial or HOA site, check the approved site plan, landscape plan and any recorded protection instruments first.

Whether a particular tree could be a candidate for removal, whether it sits on a species list, and whether it could meet the statute's unacceptable-risk test are questions about that tree, and they are the questions an on-site residential tree assessment is there to clarify. Ken's Tree Service has worked since 1996 from Tarpon Springs, and our service area covers north Pinellas County, including Oldsmar, along with west Pasco County and the northwest corner of Hillsborough County. An assessment clarifies what is on the lot, the size and species of each tree, and which questions to put to the city before anything is removed. For the city next door, see our Safety Harbor tree removal permit guide, and for another north Pinellas city with its own ordinance, our Dunedin tree removal permit guide.

To start, open a conversation with our website agent, the chat at the bottom right of this page, and describe the tree and where it stands. Our phone number is 727-934-5804.

Frequently asked questions

Do I need a permit to remove a tree in Oldsmar, Florida?

Often, yes. Section 12.2.5 of Oldsmar's Land Development Code requires permits to remove specimen and resource trees, which are eleven species groups, including all oaks, maples, sweet gum, hickory, elm, sycamore, magnolia and the bays, at 6 inches DBH and up depending on species. The code's definitions also call any tree 4 inches DBH or larger a protected tree, and the city's online application says approval is needed to remove trees on private property. The code does not reconcile these, so ask the Planning and Redevelopment Department at (813) 749-1142 before removing any tree 4 inches DBH or larger.

Which trees can I remove in Oldsmar without a permit?

Section 12.2.10 says permits are not required to remove Brazilian pepper, poison wood, melaleuca and Australian pine. Removing a diseased or infested tree requires certification by a professional in the field documenting the disease or infestation. The longer exemption list in Code of Ordinances Section 26-131 applies only to trees on public property.

How much is a tree removal permit in Oldsmar?

The city's fee schedule effective October 2024 lists the Tree Removal Application at $90 for the removal of up to three trees, plus $10.00 for each tree after the third. The fee is set by the city's fee schedule, not by the code. An after-the-fact permit costs two times the permit fee for a first violation and ten times for a second or later violation in any job or 12 month period.

Do Pinellas County's tree rules apply in Oldsmar?

Pinellas County Code Section 58-809 says the county tree article applies within incorporated and unincorporated areas, and that where it conflicts with a municipal ordinance, the municipal ordinance prevails. Oldsmar has its own ordinance. Neither code resolves what happens where Oldsmar's code is silent, so ask the city first and the county for any tree the city says it does not regulate. Trees in a county-maintained right-of-way need a county permit.

Does Florida Statute 163.045 let me remove a tree in Oldsmar without a permit?

Only when every condition is met. The property must be a single-family, detached building on a lot actively used for single-family residential purposes. The owner must possess documentation: an onsite assessment performed under Best Management Practices - Tree Risk Assessment, Second Edition (2017) by an ISA certified arborist or a Florida licensed landscape architect, and signed by that person, showing the tree poses an unacceptable risk, which means removal is the only means of practically mitigating its risk below moderate. The statute does not apply to delegated mangrove authority, or to commercial, multifamily or HOA property.

What does Oldsmar require for trees on a construction or development site?

Section 12.5 applies Article XII to every development action that requires a building permit, including new construction, additions, impervious surfaces, walls, berms, fences and accessory structures. A site plan and landscape design must be approved before the building permit, tree removal applications follow site plan approval, specimen and resource trees must be located by tree survey and retained at set percentages, fifteen percent of a development's square footage is designated for tree protection, and no certificate of occupancy issues before the landscape compliance inspection. The code sets no tree protection standard for construction and no replacement ratio.

Does Oldsmar require a license for tree service companies?

The code sets no licensing, insurance or registration requirement specific to tree service contractors. Section 62-58 requires a local business tax receipt to engage in a listed business within the city limits, and Section 62-77 lists tree removal, trimming and surgery at $62.00. Section 1.7.1 makes any agent or employee who violates the code liable, along with the owner.

Sources and scope

Every regulatory statement above is taken from these sources, read September 27, 2026.

City of Oldsmar Code of Ordinances, including Land Development Code Article XII (Sections 12.1 to 12.5), Sections 1.5.1, 1.7.1, 1.8.1, 2.1, 3.2, 3.3.2, 3.3.4, 3.3.5, 3.3.7, 3.3.10, 3.3.11, 3.3.13, 3.3.14, 3.8, 3.17, 4.4.5, 4.4.7, 5.9.6, 6.24.13, 14.7.3 and 15.4.1, and Code of Ordinances Sections 1-15, 2-134, 2-137, 26-120 to 26-131, 58-84, 58-95, 62-58 and 62-77. Codified through Ordinance No. 2026-08, enacted June 16, 2026 (Supp. No. 30).
Florida Statute 163.045, Florida Legislature.
Pinellas County Code Section 58-809, Section 58-602, Section 58-603 and Section 58-604.
City guidance, which is not law: the online Tree Removal Application, the Planning and Redevelopment form center, the Permit, Inspections and Plans Examination Fee Schedule (Fees Effective Oct. 2024) and the Post-Storm Permitting Guide.

Scope: this article explains the City of Oldsmar's tree rules as codified on the dates above. It is not legal advice and it does not determine whether any particular tree or property needs a permit; that decision belongs to the City of Oldsmar, and for mangroves and county rights-of-way, to Pinellas County. Ordinances adopted after June 16, 2026 and not yet codified are outside it. For the current position, contact Planning and Redevelopment at (813) 749-1142.