Do You Need a Permit to Remove a Tree in Safety Harbor, and Whose Rules Apply?
Updated: 4 days ago
Published September 26, 2026. Last reviewed September 27, 2026. Next review due March 27, 2027. By Forest, Property Intelligence Specialist, Ken's Tree Service.
Inside Safety Harbor, removing a Protected Tree without first obtaining a Tree Removal Permit is unlawful unless an exemption in section 153.03 of the city's Land Development Code applies, and the application is made to the City of Safety Harbor under the city's own code. The process is a written application in the form approved by the City Manager, a fee of $25.00 for residential parcels, an on-site inspection by City Staff before the permit is issued, and replacement trees or a fee in lieu of replacement.
This article is part of our guide to whether city or county tree permit rules apply across north Pinellas. It is written for two readers: a homeowner deciding about one tree, and a contractor, developer, site designer or commercial, multifamily or HOA property manager whose project meets a protected tree. The sections after How to apply are written for the second.
Key facts, verified September 27, 2026
Codified through: Ordinance No. 2025-06, enacted February 16, 2026 (Supp. No. 20)
Shade tree threshold: A listed living native shade tree with a DBH of 4 inches or greater
Palms: Sabal Palm/Cabbage Palm (Sabal Palmetto) and Paurotis Palm only; a clear trunk test of five (5) feet or more, scope explained below
Application fee: $25.00 for residential parcels, $100.00 for all other parcels
Permit life: Expires within three (3) months of the issue date
Illegal removal: Four (4) times the permit fee and the Tree Replacement Fee, each tree a separate offense
Construction: a Tree Removal Permit and a Protective Barrier before any development activity begins, and no building permit without an approved Tree Removal Permit or a notarized No Tree Removal Verification
Permitting office: (727) 724-1515, [email protected]
Is it the city's rules or the county's?
The Tree Removal Permit is created by the City of Safety Harbor's own Land Development Code, section 153.05, and the application is submitted to the City. The Tree definition in section 153.01(BB) covers plants located within the City's jurisdiction. The Safety Harbor code contains no provision exempting the city from, adopting, or yielding to the Pinellas County tree ordinance.
The city's tree rules do reference the county for tree workers: anyone pruning or maintaining trees for hire must hold a Best Management Practices certificate issued by Pinellas County, under section 153.02(H). What the county's own ordinance says about property inside a city is a question for the county's code, which this article does not state. Our Pinellas County tree removal permit guide covers the county's rules on the county's own sources.
Two other county links matter on a construction project. The excavation and fill section, 59.00(C)(5), will not let a city fill, excavation or land alteration permit issue until "A grubbing or preliminary land clearing permit has been obtained from Pinellas County." That is a county clearing permit named as a step in a city engineering permit, not an adoption of the county tree ordinance, and what the county permit requires is a question for the county. Separately, the city's Permits page says that as of May 2021 the city entered an interlocal agreement with Pinellas County "to serve as our Building Official", and that some permit types are submitted solely to the county. The Tree Removal Permit remains a City permit under section 153.05.
Whether an address is inside Safety Harbor at all is a question for the permitting office at (727) 724-1515. If it turns out to be in another city, our guides to the Clearwater tree removal permit, the Dunedin tree removal permit and the Tarpon Springs tree removal permit each cover that city's permit on its own code.
Removal is the exception in this code
Section 153.00(C) states the prohibition:
"It shall be unlawful to cut down, damage, poison, or in any other manner, destroy or cause to be destroyed any trees, except in accordance with the provisions of Sections 153.00 et seq."
Section 153.05(A) sets the permit requirement:
"Unless exempt pursuant to Section 153.03, it shall be unlawful for any person to cause any Protected Tree to be Removed without first obtaining a Tree Removal Permit."
Section 153.06(A) then limits approval to three findings, in full:
"In reviewing a Tree Removal Permit Application, City Staff shall approve a Tree Removal Permit only when one or more of the following criteria are met: (1) The Protected Tree(s) to be removed pose a safety hazard to pedestrians or vehicular traffic, threaten to cause disruption of public services or utility services, pose a safety hazard to persons or buildings or are within the visibility triangle; (2) The Protected Tree(s) to be Removed are weakened by age, fire or other injury or are in major decline, have a fatal and communicable disease, a fatal and communicable insect infestation, or have a defective structure that is a hazard; or (3) The Protected Trees to be Removed must be Removed in order to construct improvements that are proposed as a result of: (a) Need for access immediately around the proposed structure for construction equipment; (b) Need for access to the building site for construction equipment; (c) Essential grade changes; (d) Surface water drainage and utility installations; or (e) Location of primary building pad, primary foundation line, swimming pool, patio pad, or that portion of the driveway within the path of the garage or carport entrance, and these structures cannot be relocated."
Even when a criterion is met, section 153.06(B) lets City Staff deny the permit where there is a need for visual screening between incompatible uses as identified in section 154.00, and section 153.06(C) requires any denial to state its basis specifically and in writing. Removal is the exception the code permits on those findings, not a default.
What counts as a Protected Tree in Safety Harbor?
The operative definition is section 153.01(U):
"(U) Protected Tree means any living native shade tree set forth on the table below having a DBH of 4 inches or greater or Sabal Palm/Cabbage Palm (Sabal Palmetto), or Paurotis Palm with a clear trunk of five (5) feet or more. Protected Tree does not include any tree that is specifically excluded from protection herein or is a Dead Tree."
Which palms need a permit in Safety Harbor?
Not every palm species is protected in Safety Harbor. The definition names two palms only: Sabal Palm, also written as Cabbage Palm (Sabal Palmetto), and Paurotis Palm. No other palm species is a Protected Tree under section 153.01(U). So the common belief that only sabal palms need a permit does not hold here: Paurotis Palm is named alongside the Sabal Palm, and also appears as a row in the Protected Tree table, where Sabal palmetto does not.
The palm test is a clear trunk of five (5) feet or more, and section 153.01(D) defines the measurement:
"(D) Clear Trunk is the measurement from the ground to the area where the live fronds emerge from the trunk of a palm tree."
One point is open: the sentence does not say whether the five (5) foot clear trunk test applies to both palms or only to the Paurotis Palm, the comma placement permits either reading, and the city has not resolved it in sections 153.00 through 153.17. Separately, the general definition of a Tree in section 153.01(BB) expressly includes all Mangroves, Sabal Palms, Cabbage Palms and Sabal Palmetto, and section 153.00(C) reaches any trees.
Which other trees are protected?
A Shade Tree, under section 153.01(Y), is a hardwood tree that reaches a minimum height of twenty-five (25) feet at maturity, provides relief from direct sunlight for at least six (6) months each year, and is included in the Protected Tree table. The table as codified lists 34 species, by common name: Red Maple, Silver Maple, Paurotis Palm, Pignut Hickory, Pecan, Sugarberry, Persimmon, Eagleston Holly, American Holly, Southern Redcedar or Eastern Redcedar, Sweetgum, Southern Magnolia, Sweetbay, Blackgum, Slash Pine, Longleaf Pine, Loblolly Pine, Sycamore, Bluff Oak, Sand Live Oak, Bluejack Oak, Laurel Oak, Turkey Oak, Overcup Oak, Swamp Chestnut Oak, Myrtle Oak, Water Oak, Shumard Oak, Live Oak, Pond Cypress, Baldcypress, Winged Elm, American Elm and Lacebark Elm.
Does a dead tree need a permit?
The code says two different things. Section 153.01(U) excludes a Dead Tree from the definition of a Protected Tree, and section 153.01(G) reads, in full: "(G) Dead Tree means a tree with no foliage." But section 153.02(C) opens:
"Except for storm mitigation for those tree species listed as exempt, or following a declared state of emergency in which trees become damaged in such a way that topping or excessive pruning by or at the direction of a governmental agency becomes necessary, it shall be unlawful for any person to cut down, damage, top, poison or in any manner destroy or cause to be destroyed any protected tree regardless of condition with a DBH of 4 inches or more without a Tree Removal Permit."
The condition rating scale in section 153.05(C)(3) also runs down to 0, which it describes as a Dead Tree. The city has not resolved which text controls, and this article does not, so ask the permitting office before a dead tree comes down. Leaving it standing has its own rule: section 153.02(D) makes it unlawful for an owner to allow a diseased or dead tree or branch to be in danger of falling on any right-of-way or another's property.
Grand Trees
Grand Tree is the code's only elevated class, and under section 153.13(A) a tree qualifies only if it meets all four tests:
It is one of ten species: Live Oak, Sand live oak, Southern magnolia, Sweetbay, Bald cypress, Pignut hickory, American elm, Southern red cedar, Longleaf pine or Slash pine.
It has a minimum trunk DBH of at least 26 inches.
It has a condition rating of 3.5 or greater, as established in section 153.05(C)(3).
Its trunk diameter in inches, plus its average crown spread in feet (widest and narrowest crown cross sections added and divided by two), plus its total height in feet, plus its condition rating, equal or exceed the species minimum: 145 for Live Oak and Sand live oak, 130 for Pignut hickory and American elm, 120 for Southern magnolia and Sweetbay, and 115 for Bald cypress, Southern red cedar, Longleaf pine and Slash pine.
Section 153.14(A) makes it unlawful to cause any Grand Tree to be removed without first obtaining a Grand Tree Removal Permit, unless exempt under section 153.03, and a Grand Tree may be removed when one or more of the criteria in section 153.14(C) are met. The City Arborist gives written notice of approval or denial within 21 calendar days of receipt of the completed application.
Two Grand Tree points are unresolved. Section 153.14(E) makes a Grand Tree Removal permit valid for one hundred eighty (180) days, but section 153.07(C) says all Tree Removal Permits expire within three (3) months. And section 153.12(B) requires Grand Tree grading only where new construction or land alteration is proposed, while section 153.14(A) has no site limitation, so how status is established on a site with no construction is not stated.
How to measure your own tree
Section 153.01(I) begins:
(I) Diameter Breast Height ("DBH") means the diameter, in inches, of a tree measured at 4.5 feet above the existing grade.
Measure the circumference in inches at 4.5 feet and divide by 3.14. If the tree forks between four and one-half and two feet above ground level, DBH is measured below the swell resulting from the fork. Trunks that fork below two feet are multi-trunk trees, measured on each trunk immediately above the fork, adding the total diameters of the four largest trunks.
What is exempt?
Section 153.03, in full:
"The provisions of Section 153.00 et seq. shall not apply to the following: (A) Trees under 4 inches DBH, except and unless the tree is a replacement tree under Section 153.06(E); (B) Pruning of trees as normal maintenance, provided such pruning does not result in excessive pruning, mutilation, death, or removal of the tree or otherwise violates Section 153.02(C) herein; (C) Due to their status as exotic species or invasive species, any trees listed on the Florida Exotic Pest Plant Council most recent Invasive Plant List I and II are not protected tree species; and (D) Pruning following a declared state of emergency or storm in which trees become damaged in such a way that topping or excessive pruning becomes necessary by or at the direction of a governmental agency."
Every replacement tree is regulated as a Protected Tree regardless of whether it is less than four (4) inches at DBH. The code cites the Florida Exotic Pest Plant Council list without reproducing it, and section 153.02(C) excepts storm mitigation for species listed as exempt, yet the division contains no exempt species list beyond that citation and the section 153.04 planting and removal lists. On a platted lot of less than one half acre where a Tree Removal Permit is issued, section 153.04(C) requires the owner or applicant to remove all existing Brazilian Pepper trees from the lot and, to the extent practicable, any existing air potato vines.
What counts as removal, and what pruning is unlawful?
Section 153.01(W) defines removal broadly:
"(W) Remove or Effective Removal means to cut down, damage, top, poison, replace, replant, or effectively remove through excessive injury, or in any manner destroy or cause to be destroyed any living Protected Tree."
Excessive Pruning, under section 153.01(L), is removing more than twenty-five percent (25%) of the live crown of a tree in any one year. Section 153.02(C) provides that not more than twenty-five percent (25%) of the tree canopy shall be trimmed or pruned in any year, except for the purpose of removing dead limbs, that there shall be no topping of any Protected Trees, and that Protected Trees destroyed by improper pruning shall be replaced with the same species at a minimum two-inch DBH under section 153.07(D). Topping, under section 153.01(AA), means removing any portion of one or more major vertical tree branches, or more than one-third of the tree's leaf canopy.
Three more pruning rules apply to every palm and every property. Section 153.02(G): "No palm frond shall be removed from a palm that emanates from the trunk at or above a 90-degree angle that is perpendicular to the trunk unless the frond is dead or severely chlorotic." Fronds may be removed outside that configuration where a frond is touching an energized wire, blocking a sign or creating a safety hazard. Under section 153.02(F), anyone pruning or maintaining trees for hire must follow ANSI A300, and flush cuts and stub cuts are prohibited as improper pruning techniques. And under section 153.02(E), tree trimmings may not be disposed of in the right-of-way, onto another's property, in any street or alley, or into city waters, the storm sewer system or Tampa Bay, though trimmings may sit in the right-of-way temporarily awaiting collection as the code otherwise provides.
Florida Statute 163.045
Florida Statutes section 163.045 is a state law that can take a residential tree out of the city's permit process. It applies only when every one of its conditions is met:
The property must be residential property as the statute defines it: "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."
The owner must possess documentation from an ISA certified arborist or a Florida licensed landscape architect that the tree poses an unacceptable risk to persons or property.
That documentation must be an onsite assessment, performed under the tree risk assessment procedures in Best Management Practices - Tree Risk Assessment, Second Edition (2017), and signed by the arborist or landscape architect who performed it. A signature on a report that was not based on that person's onsite assessment is not what the statute describes.
The tree must meet the statute's risk test: "A tree poses an unacceptable risk if removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in Best Management Practices - Tree Risk Assessment, Second Edition (2017)." A tree whose risk can practically be brought below moderate without removal does not qualify, which is why a structurally sound tree does not.
When all four are met, the statute says 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", and "may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section."
One scope limit: the statute "does not apply to the exercise of specifically delegated authority for mangrove protection" under Florida Statutes sections 403.9321 through 403.9333. So an assessment under this statute does not settle any question about a mangrove (see Mangroves below).
The Safety Harbor code does not mention section 163.045 anywhere, and neither displaces nor preserves it in words. The city's own hazard route is separate: the criteria in section 153.06(A)(1) and (2), the Hazardous Tree definition, and the flat fee in section 153.07(D)(6), set out below. Where the statute is the right route, the signed report is something we arrange as part of the job.
What does the permit cost, and what replacement is owed?
Section 153.05(B) sets the application fee at $25.00 for residential parcels and $100.00 for all other parcels, plus any replacement fees required by section 153.07. Replacement is a condition of the permit, and each replacement tree must be a Protected Tree meeting section 154.02(A) and (B). Replacement runs on the DBH inch of the tree removed, or, where a suitable location for replanting on the property is not available, a fee in lieu is paid into the City Tree Bank, under section 153.07(D)(1):
4 inches to less than 10 inches: replacement ratio 1:1; fee per inch $10.00 with a homestead exemption for ad valorem tax purposes, $20.00 for all other properties
10 inches to less than 20 inches: replacement ratio 2:1; fee per inch $20.00 with a homestead exemption for ad valorem tax purposes, $40.00 for all other properties
20 inches to less than 30 inches: replacement ratio 3:1; fee per inch $30.00 with a homestead exemption for ad valorem tax purposes, $60.00 for all other properties
30 inches to less than 40 inches: replacement ratio 4:1; fee per inch $40.00 with a homestead exemption for ad valorem tax purposes, $80.00 for all other properties
40 inches and greater: replacement ratio 5:1; fee per inch $50.00 with a homestead exemption for ad valorem tax purposes, $100.00 for all other properties
Where a property cannot replace the full number, the owner pays the per-inch fee for the inches not replaced, prorated where a partial ratio was reached, except that a Live Oak of 26 inches or greater DBH not removed under section 153.06(A)(1) or (2) gets no proration. No permitting or replacement fee is owed if the owner proves by substantial competent evidence that the tree was fatally damaged by any public utility company.
An owner who paid the higher rate and then receives a homestead exemption in the first year eligible may, under section 153.07(D)(3), provide proof of the exemption and receive a rebate of the difference, but only if the Tree Removal Permit was issued to that same owner.
A removed Sabal Palmetto is replaced under section 153.07(D)(5) with another Sabal Palm with five (5) feet of clear trunk or more, or one protected replacement tree, or a fee of $10.00 per DBH inch, and a protected shade tree may not be replaced with a sabal palm. That five (5) foot figure is a replacement specification, not the protection threshold.
Under section 153.07(D)(6), when a permit is approved for a Hazardous Tree and the existing healthy trees meet the minimum shade tree requirements of section 154.03, replanting is waived with a flat fee of $100.00 per tree, or a minimum two-inch Protected Tree may be planted instead. A Hazardous Tree, under section 153.01(N), has uncorrectable defects in its overall health or structure severe enough to pose present danger to people or buildings under normal conditions, as determined by an Approved Arborist, meaning one certified by the International Society of Arboriculture or the American Society of Consulting Arborists under section 153.01(A).
Payments into the tree fund are due at permit issuance, and replacement trees for a site not associated with a building permit for new development must be planted within three months of issuance. Where replacement trees are installed on developed property, the applicant answers for their survival, and City Staff may inspect the site at yearly intervals for two (2) years after planting. A Grand Tree removal also pays a flat fee into the City Tree Bank of $1,500 for properties with a homestead exemption and $3,000 for all other properties, on top of the per-inch fees.
How to apply
Confirm with the permitting office that the address is inside Safety Harbor: (727) 724-1515 or [email protected], Monday through Friday from 8:00 am until 4:30 pm.
Submit a written Tree Removal Permit Application in the form approved by the City Manager, with the fee.
City Staff conducts an on-site inspection before the permit is issued, and inspects the site again before any tree is removed.
Pay any replacement fee at issuance.
Display the permit on site.
Complete the removal within three (3) months of issue, because removal after expiry needs a new application and permit.
The city's Permits page says the city accepts online tree removal applications, and the same page says tree permits must be applied for in person at City Hall, 750 Main Street, Safety Harbor. The code requires only a written application in the approved form, so ask the permitting office which channel applies. The City Arborist is listed at [email protected] on the city's Tree Protection page, and the city FAQ gives 727-724-1555 ex. 1303.
A project that also needs a site plan, a building permit or an engineering permit follows the development track below.
If you manage a commercial, multifamily or HOA property
The tree division sets no different permit requirement, size threshold or exemption for commercial, multifamily, institutional or association property. The Protected Tree definition in section 153.01(U) and the exemptions in section 153.03 apply the same way to every parcel in the city. What changes is the fee, the replacement rate, a few added rules, and who signs the application.
What a non-residential parcel pays
The application fee under section 153.05(B) is $100.00 for any parcel that is not residential, against $25.00 for a residential parcel, and a Grand Tree Removal Permit application carries the same two fees under section 153.14(B). The replacement fee table in section 153.07(D)(1) charges its "all other properties" column to any property without a homestead exemption for ad valorem tax purposes: $20.00, $40.00, $60.00, $80.00 and $100.00 per DBH inch across the five size bands, at replacement ratios from 1:1 to 5:1. A Grand Tree removal on such a property adds a flat $3,000 into the City Tree Bank on top of the per-inch fees under section 153.15(B). Illegal removal is charged at four (4) times the permit fee and the Tree Replacement Fee under section 153.10(D), so the higher rates carry through to the penalty.
Rules written for commercial and multifamily sites
Section 153.10(F): "Any individual or entity for hire that improperly prunes a cabbage palm within a commercial or multi-family development shall be subject to a fine of $100.00 per tree." And under section 153.06(B), City Staff may deny a removal permit, even where a removal criterion is met, where there is a need for visual screening between incompatible uses as identified in section 154.00.
Trees on an approved landscape plan
Section 154.08(A) makes the property owner "solely responsible for the continued maintenance of all landscape areas in accordance with the approved plan so as to present a healthy, neat, and orderly appearance," requires re-landscaping where required landscaping dies from lack of maintenance, disease or other natural occurrence, and applies that to all required landscaping, "whether installed under the terms of this Code or a previous ordinance." Every replacement tree planted under a Tree Removal Permit is regulated as a Protected Tree regardless of whether it is less than four (4) inches at DBH, under section 153.07(D). Minor revisions to an approved site plan can be authorized by the Technical Review Committee under section 229.05(C), and major revisions only in the same manner as originally approved. Before a tree that a landscape plan requires comes out, ask the city whether the Tree Removal Permit alone covers it or a site plan revision is also needed.
Who applies for an association or a company
Section 153.05(B) opens the permit to "Any person wishing to obtain a Tree Removal Permit to Remove a Protected Tree". The tree division does not name a property manager, a homeowners association or a condominium association as an applicant, and the code prescribes no agent authorization form for a tree permit. Where a site plan is involved, section 229.02 requires proof of ownership and "An affidavit of ownership and designation of an authorized agent" at the time of site plan application. The city's Permits page lists a Contractor Authorization Letter, contractor registration forms and a Land Development Code Section 153 Acknowledgement Form among its documents, and says that before commercial renovation, new commercial or commercial addition permits "a pre-application call is required to review future steps and business tax requirements." Ask the permitting office which of those documents a tree application signed by a manager or a contractor needs.
Why Florida Statute 163.045 does not reach these properties
The state route described above is limited to residential property, which the statute defines as "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." Commercial property, an HOA common area, a condominium building and an apartment complex do not meet that definition, so the statute does not take a tree on them out of the city's permit process.
If you are building, adding on, installing a pool or clearing a site
Construction brings a second set of rules: section 153.08 on protecting trees during construction, section 153.09 on the building permit, and the site plan, landscaping, and excavation and fill sections of the Land Development Code. This part is written for the owner, contractor, developer or engineer running that project.
What puts a project on the development track
Section 153.08 opens: "All development and redevelopment on parcels shall comply with the following tree protection requirements:". The tree division's own definition, in section 153.01(H), is: "Development Permit means any building permit or site plan approval authorizing the construction of any new parking space, the expansion of the gross floor area of a building, the alteration or enlargement of a building envelope, or the alteration of a site configuration through site redesign". Section 153.05(C) adds submittal requirements whenever a Development Permit is required.
The Land Development Code's general definitions in section 271.00 are broader. They define a development activity as "The subdivision of land; construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; mining, excavation, dredging, or land disturbance; and any use or extension of use of land or change in intensity", and a development permit to include a rezoning, variance or conditional use. Section 153.01 says its own definitions govern the tree and landscaping sections, so where the two differ on a tree question, ask the city which it applies. The Grand Tree rules in section 153.12(B) reach "Any site where new construction is proposed, or land alteration is to occur".
How the tree permit fits with the site plan and building permit
Site plan. Under section 229.00(A), site plan approval is required before any building permit, public works construction permit, Certificate of Occupancy or Occupational License for a subdivision, a conditional use, or the establishment, expansion or change of a use, activity or structure. Section 229.01(A) exempts, among others, one- and two-family dwellings on a lot of record or in an approved and constructed subdivision, and additions, improvements or alterations that add gross floor area of 500 square feet or less, once only, without City Commission approval.
Tree permit held for the site plan. Section 153.05(E) lets City Staff withhold a Tree Removal Permit where a Development Permit is required until site plan approval has been granted.
Building permit. Section 153.09(A): "No building permit shall be issued without an approved Tree Removal Permit or one of the following verifications:" a notarized statement of No Tree Removal Verification, where there are no Protected Trees on the property or where none that exist will be removed. Section 231.00(C)(4) repeats the rule for building and public works construction permits, and section 231.00(A) requires valid building and public works construction permits before any development activity begins.
Before site work. Section 153.08(B): "Before any development activity begins, a Tree Removal Permit shall be required and a Protective Barrier shall be erected by the developer around all Protected Trees on site". That sentence states no exception, while section 153.09 lets a building permit issue on a verification where nothing protected is removed. The code does not say which controls on a site where no Protected Tree comes out, so ask the city before mobilizing.
Grand Tree calculations. Under section 153.12(B), the calculations are due at the time of first submittal for projects requiring site plan approval, and otherwise when the application is made for a land alteration permit or building permit. No section of the code is titled or defines a land alteration permit.
Certificate of Occupancy. Replacement trees for a site associated with a building permit for new development must be planted before a Certificate of Occupancy issues (section 153.07(D)). The minimum tree numbers in section 154.03 must be met before a Certificate of Occupancy for new construction. Section 154.08(B) holds the final Certificate of Occupancy until all required landscaping is installed to the approved plan, and section 153.10(A) lets City Staff withhold it where any tree provision or permit condition has not been met.
What the application must include
Where a Development Permit is required, section 153.05(C) requires the Tree Removal Permit Application to include "A tree survey reviewed and approved by a certified Arborist showing the following:" the shape and dimensions of the lot, existing structures and improvements, the location and DBH of all trees on site and within 25' of the property line by botanical or common name, the canopy drip line, any proposed removal and replacement program, the City Arborist's Tree Condition Rating for each Protected Tree, and any additional information the City Manager or a designee deems necessary. It also needs a statement of why the trees are proposed for removal.
A site plan under section 229.02 is prepared under the direction of, and sealed by, a Florida Registered Engineer. Items (27) to (30) of section 229.02(B) add a tree survey reviewed and approved by a certified Arborist and overlaid on the proposed development, showing each Protected Tree with a number matching an aluminum tag placed on the tree, every tree on the site and within 25 feet of the property line, the trees to remain, the canopies, the drip lines and critical root zones, and the condition ratings; a statement of why each Protected Tree is proposed for removal; a statement of how retained trees will be protected during land clearing and construction; and a statement of intent to replace trees on site or to request participation in the City Tree Bank.
Before construction begins, section 153.08(J) requires "a tree preservation plan for all protected trees on property and within twenty-five (25) feet of the property prepared by an approved arborist prior to commencement of construction", describing how construction impacts will be mitigated. Section 153.12(B) requires every tree that meets the Grand Tree species and trunk size minimums on a construction or land alteration site to be graded by an Approved Arborist, with the calculations provided even for trees that fall short of Grand Tree status. The code defines an Approved Arborist in section 153.01(A) as one certified by the International Society of Arboriculture or the American Society of Consulting Arborists; the survey provisions use the term certified Arborist, which the code does not define.
Designing around protected trees
Section 153.06(A)(3) allows a removal for construction only where the tree must come out to build proposed improvements for one of five listed needs, and the fifth, the location of the primary building pad, foundation line, swimming pool, patio pad or the driveway in the path of the garage or carport entrance, applies only where "these structures cannot be relocated." The code offers these ways to keep a tree in the design:
Setbacks. Section 23.10: the Community Development Director may administratively approve a building setback reduced by up to five (5) feet from any property line to preserve a protected tree of 15 inches DBH or greater with a mature canopy height of 30 feet or greater, found in good health by an Approved Arborist and in a condition and location that will not present a hazard after site development.
Parking. Section 147.05(B): required parking may be reduced by not greater than twenty-five percent (25%) where necessary to preserve protected trees, with no less than six (6) inches of trunk diameter preserved for each space waived, for trees the Technical Review Committee finds worthy of preservation.
Pavers, patios and walls. Section 36.06: "Pavers are not permitted within six (6) feet from the trunk of a protected tree." Pavers under a protected tree canopy must be pervious and installed at existing grade over sand. Section 36.03(H) lets the City Arborist relieve the fence and wall setback where moving a retaining wall around a protected tree with a condition rating of 2.5 or greater would harm the tree.
Large sites. Section 153.07(D)(7): on a site plan for new development on a lot larger than 1 acre, the per-inch replacement fee is waived where at least 30 percent of existing Protected Trees of 20 inches DBH or greater are preserved and each finished parcel meets the section 154.03 minimum.
Natural areas. Section 154.06 has large open spaces left in a natural state where the city finds it feasible, and preserves six upland communities (Longleaf Pine/Xeric Oak, Sand Pine, Pine/Mesic Oak, Xeric Oak, Oak/Pine/Hickory and Temperate Hardwood) where encroachment can be avoided. The city can require drain tiles, dry wells, terracing, retaining walls, a reduced grade change, shallow excavation and fill, tunneling instead of trenching, and removal of exotic and nuisance vegetation.
The code sets no minimum tree retention percentage and no canopy coverage standard for a development site. Grand Trees carry their own permit, criteria and mitigation (see Grand Trees above), and section 153.17(D) requires all development or redevelopment on a parcel with a Grand Tree to meet the construction protection rules in section 153.08.
Protecting trees during construction
Section 153.08 applies to all development and redevelopment:
The barrier. Before any development activity begins, the developer erects a Protective Barrier around all Protected Trees on site, around off-site Protected Trees within twenty-five (25) feet of the property line if the adjacent owner consents, and around other protected environmental areas during site clearing, to create a protective radius. It stays until land alteration, site clearing and construction are complete, and until City Staff authorizes its removal or the final Certificate of Occupancy issues (153.08(B)).
The barrier specification. The barrier must meet "the City tree barricade detail" (153.01(T)), which the code does not reproduce, and the code states no barrier distance. For natural areas, section 154.06(D) separately specifies silt barriers or solid or ribboned barricades of two-inch by two-inch stakes 3 feet high placed 4 feet apart. Ask the City Arborist for the current barricade detail before site work starts.
The root zone. Section 153.08(A): "It shall be unlawful for any person in the construction of any structures or other improvements to place solvents, material, construction machinery, or temporary soil deposits within the Critical Root Zone." The code defines the Critical Root Zone in section 153.01(E) as the area under the tree that its crown extends to, the edge of the tree's dripline.
Walls, posts and wires. Barricades, fences, posts and walls must not destroy or irreversibly harm the root system. Wall footers end where larger roots are encountered, and those roots are bridged. Post holes and trenches near Protected Trees are adjusted to avoid major roots. Nothing is attached to a Protected Tree during construction (153.08(C), (D)).
Roots and grade. Roots removed in site clearing are severed clean at the perimeter of the protective radius, and exposed roots of Protected Trees get a five-inch layer of mulch. A protective dry well and drainage and aeration system is required where raising the grade would harm a Protected Tree, and a protective retaining wall at the protective radius where lowering the grade would (153.08(E) to (H)).
Utilities. Section 153.08(K): "When a utility must cross a Critical Root Zone of a Protected Tree in good health, directional boring or tunneling shall be required to avoid the tree roots." Sewer lines may be exempted where the line's function would be diminished.
Pruning and inspection. All pruning of Protected Trees during development is supervised by an Approved Arborist (153.08(I)), and City Staff inspects the site under section 153.08 before any tree is removed (153.05(G)).
Grand Trees. Under section 153.17, roots in a Grand Tree's critical root zone are severed by clean pruning cuts where construction impacts them, pruned to a depth of 18 inches below existing grade or to the depth of disturbance if less, and any activity in the critical root zone, including utility trenching, grubbing, fill and heavy equipment, is done under the direct supervision of a Certified Arborist.
The penalty sentence in section 153.08(B) reads: "A fine of up to $250.00 per day shall be assessed to the property owner and/or contractor of record for trees without a Protective Barrier or when existing Protective Barriers have been knocked down or removed or when unauthorized materials have been placed within the Protective Barrier."
Replacement and minimum trees on a development site
Replacement on a development site uses the same ratio and fee table as any other removal (153.07(D)(1)), with these rules added:
Timing. Payments into the tree fund are due at time of tree removal permit issuance, and replacement trees for a site associated with a building permit for new development must be planted before the Certificate of Occupancy issues (153.07(D)). The same paragraph also says, with no new-development qualifier, that "Replacement Trees shall be planted within three (3) months of the issuance of the Tree Removal Permit." The city has not resolved how the two fit on a build that runs longer than three months, so confirm the planting date with the city.
Fee averaging on site plans. Where a site plan pays the per-inch fee instead of replanting, section 153.07(D)(2) bases it on the average value of all Protected Trees on the site with a condition rating of 2.5 or higher that are being removed, multiplied by the number of Protected Trees not replaced on site. The code's own worked example for a property without a homestead exemption: five trees removed, room found on site for ten replacement trees, four left for the replacement fund, and a payment of $7,488.
Large Live Oaks. A Live Oak of 26 inches DBH or greater removed for any reason other than hazard or decline under section 153.06(A)(1) or (2) gets no proration: the full ratio is planted or the full fee paid (153.07(D)(4)).
Replacement size. Under section 154.02(A), every tree planted has at least a two-inch trunk diameter measured six (6) inches above grade, a crown of at least four (4) feet and a height of at least eight (8) feet at planting, at Florida #1 nursery grade or better, and no more than 25 percent of new required trees may be of a single species of tree or palms.
Minimum shade trees. Section 154.03 sets a minimum number of shade trees, which must be met before a Certificate of Occupancy for new construction and before final inspection of an improvement that needs a site plan amendment above 50 percent of the property's value. For a single-family lot the minimum is 1 tree on 5,000 square feet or less; 2 above 5,000 up to 10,890 square feet; 3 above a quarter acre up to half an acre; 4 above half an acre up to three quarters; 5 above three quarters of an acre up to 1 acre; and 6 per gross acre above 1 acre. For all other development it is 6 per gross acre, proportionate to the site acreage below an acre. A healthy Protected Tree left in good growing condition counts toward the minimum, an approved retention or detention pond reduces it, and the minimum is integrated with the replacement rule in section 153.07.
Survival. On developed property the applicant answers for the survival of replacement trees, with possible yearly inspections for two (2) years, and every replacement tree is regulated as a Protected Tree regardless of size (153.07(D)).
Fees on a development project
The tree division charges a development project the same application fee as any other parcel of its type: $100.00 for a non-residential parcel or $25.00 for a residential one, under section 153.05(B), plus replacement fees under section 153.07. The Land Development Code's general fee schedule in section 276.00 has no tree removal permit row. Building, engineering and site plan fees sit outside the tree code and are not covered here.
Clearing, grubbing, fill and grade changes
The code defines Grubbing in section 153.01(M) as "the excavation or removal of any type of rooted vegetation from land by digging, raking, dragging or otherwise disturbing the roots of such vegetation and the soil in which such roots are located." The city issues no clearing or grubbing permit of its own. Instead:
Engineering permit. Section 59.00(A): "The fill, excavation, or alteration of the natural grade of land, or the construction or removal of a retaining wall shall require a permit issued through the Engineering Department."
What must come first. Under section 59.00(C), that permit does not issue until the approvals that apply are in hand: site plan approval; a construction or Right-of-Way and Easement Utilization permit; a drainage plan approved by the Public Works Director; permits from other affected agencies; "A grubbing or preliminary land clearing permit has been obtained from Pinellas County"; and an Erosion Control Plan approved by the City Engineer.
Clearing without a tree permit. Under section 153.10(B)(2), if clearing, development of land, or any site alteration is occurring without a required Tree Removal Permit, City Staff shall issue a Stop Work Order immediately.
What contractors on the job are responsible for
Insurance and business tax receipt. Code of Ordinances section 14.19 conditions any business tax receipt for tree trimming or maintenance in the city on workers compensation and general liability insurance (see Screening a tree service below).
Work standards. Pruning for hire follows ANSI A300 (153.02(F)); tree workers for hire follow ANSI Z133.1 and hold a Pinellas County Best Management Practices certificate (153.02(H)).
Barrier fines. Up to $250.00 per day, assessed to the property owner and/or contractor of record (153.08(B)).
Stop Work Orders. A Stop Work Order is directed "not only to the person owning the land upon which the violation is occurring, but also shall be directed to the person or firm actually performing the physical labors of the development activity" (153.10(B)(2)). After a written notice of violation, remedial action starts immediately and must be complete within two (2) working days of receipt unless City Staff allows longer (153.10(B)(1)).
Illegal removal by a company for hire. Progressive fines of $1,000.00, $2,000.00 and $3,000.00, with three-month, six-month and one-year suspensions on submitting Tree Removal Permit Applications, and all fines paid before any future Tree Removal Permit is approved (153.10(E)).
Cabbage palms. $100.00 per tree for improper pruning of a cabbage palm by anyone for hire within a commercial or multi-family development (153.10(F)).
Debris. The city does not collect trees, tree limbs, tree trunks or tree stumps, and a company doing work on private property removes that waste (Code of Ordinances section 10.08(a)).
Right-of-way and utility work
Right-of-way permits. Code of Ordinances section 20.20 requires a permit from the city engineer to construct, reconstruct, repair, alter, pave or grade any sidewalk, curb, curb cut, driveway, parkway or street in a public right-of-way or easement, and a permit from the public works director before any obstruction is planted, built or otherwise created there. Emergency work done without a permit needs one within forty-eight (48) hours (section 20.21(g)).
Off-site trees. Section 153.08(L): if new construction needs an off-site tree in the right-of-way or on adjacent property pruned or removed and the adjacent owner consents, the owner of the property under construction bears all costs, including permitting and contractor costs.
Abutting right-of-way. Owners maintain trees in the right-of-way abutting their property (153.02(A)), and utilities crossing a Protected Tree's Critical Root Zone are bored or tunneled (153.08(K), above).
Appeals and variances on development decisions
A Tree Removal Permit decision can be appealed to the City Commission within sixty (60) days under section 153.11, and the Board of Appeals separately hears appeals of administrative decisions filed within 30 days under sections 234.00(A)(1) and 234.01(B); the code does not say which applies to a tree decision (see How do you appeal a decision? below). Variances also go to the Board of Appeals under section 234.00. Under section 234.02, the Board cannot grant a variance that would modify a definition in the code, and it must make the findings that section lists. A Board of Appeals decision is reviewed by certiorari in the Pinellas County Circuit Court within 30 days under section 234.05(A).
What happens if a tree is removed without a permit?
Section 153.10(D):
"(D) For the Removal of any Protected Tree in violation of this Code, City Staff shall ensure that the proper permitting procedure is henceforth followed, and the property owner shall be charged four (4) times the Tree Removal Permit fee specified in Section 153.05(B) and Tree Replacement Fee specified in Sec. 153.07(D)(1)."
Each tree removed without a permit is a separate offense, and mitigation is still required under section 153.07. Any individual or entity for hire that removes a Protected Tree illegally faces progressive fines of $1,000.00 for a first offense, $2,000.00 for a second and $3,000.00 for a third or later, with three-month, six-month and one-year suspensions on submitting applications. For a Grand Tree, the city may seek a civil penalty equal to the total value of the trees illegally removed or damaged, appraised under the Council of Tree and Landscape Appraisers' Guide for Plant Appraisal. Under section 153.10(I) and (J), fines are due within three (3) months of the date of the violation letter, or within thirty (30) days of the final order if appealed, and fines for removing Protected Trees become a lien on the premises if they remain unpaid fifteen (15) days beyond the due date.
How do you appeal a decision?
Section 153.11 begins:
"Any applicant for a Tree Removal Permit adversely affected by a decision of City Staff in the application or interpretation of any of the provisions of Sections 153.00 et seq., with the exception of Section 153.10, may appeal the decision to the City Commission by filing notice of their appeal with the City Manager within sixty (60) days of the date the decision is rendered."
Separately, section 234.00(A)(1) authorizes the Board of Appeals to hear appeals of administrative decisions, and section 234.01(B) requires those to be initiated within 30 days of the decision. Neither provision states that it yields to the other for tree permit decisions, and the shorter of the two windows is 30 days.
Right-of-way and intersection trees
Owners are responsible for maintaining trees on their property and in abutting rights-of-way, under section 153.02(A). Maintaining a tree that obstructs a driver's vision at an intersection is a nuisance under section 23.06, and after written notice the owner must comply within ten (10) days under section 23.07.
Mangroves
The tree division mentions mangroves only in the general Tree definition, which includes all Mangroves. Outside it, Code of Ordinances section 9.14(f) permits alteration of mangrove stands in coastal high hazard areas (Zone V) only with Florida Department of Environmental Protection approval and an engineering analysis showing no increase in flood damage potential. For a project in the floodplain, Code of Ordinances section 9.05 lists among the site plan and construction document items the "Extent of any proposed alteration of sand dunes or mangrove stands, provided such alteration is approved by the Florida Department of Environmental Protection." State mangrove trimming law is outside this article. The Florida Department of Environmental Protection's list of local governments delegated to implement the Mangrove Trimming and Preservation Act names Pinellas County, at (727) 453-3385, and does not name the City of Safety Harbor. The department directs trimming questions in a delegated area to the responsible agency on that list.
Where the city's website and its code differ
The city FAQ summarizes protected trees as "Any living shade tree having a DBH of 4 inches or greater or Sabal palmetto (Cabbage or Sabal Palm) with a clear trunk of five (5) feet, mangroves or trees listed on the 'Protected tree and Replacement list.'" Section 153.01(U) differs in three ways a homeowner would act on: it covers a living native shade tree set forth on the table, not any living shade tree; it names Paurotis Palm, which the FAQ omits; and it does not name mangroves. The FAQ also attaches the five (5) foot clear trunk to the Sabal palm, a point the code itself leaves open. Where they differ, the codified text is the law.
On the development track, the city's Permits page says that before commercial renovation, new commercial or commercial addition permits "a pre-application call is required to review future steps and business tax requirements." Section 229.00(B) of the code says a pre-application conference with the Planning and Zoning Department staff before a site plan application "is recommended." The two cover different applications and the code does not make the call mandatory, so plan for the city's stated practice and confirm it with the permitting office.
What the code does not publish
No review timeline for a standard Tree Removal Permit; the only decision clock is 21 calendar days for a Grand Tree Removal Permit.
No owner-occupied or homestead exemption from the permit requirement; in the tree division, homestead appears only as a fee differential and rebate.
The condition rating guide and the Grand Tree scoring worksheets are maintained by the City Arborist and not reproduced in the code.
No minimum tree retention percentage and no canopy coverage standard for a development site.
No barrier distance: the Protective Barrier is defined by a City tree barricade detail that the code does not reproduce.
No city clearing or grubbing permit; the city's fill, excavation and land alteration permit instead requires a grubbing or preliminary land clearing permit from Pinellas County.
No provision naming a property manager or an association as an applicant, and no agent authorization form for a tree permit.
Municode reports one ordinance pending codification for the Land Development Code, whose content was not inspected.
Screening a tree service for Safety Harbor work
Code of Ordinances section 14.19 bars issuing or renewing a business tax receipt for anyone paid to trim or maintain trees within the city limits unless they hold valid workers compensation insurance pursuant to F.S. ch. 440 and a minimum of $300,000.00 general liability insurance of the type that allows tree work at heights greater than twelve (12) feet. Ask any bidder for proof, and for the Pinellas County BMP certificate section 153.02(H) requires. Under Code of Ordinances section 10.08(a), the city does not collect trees, tree limbs, tree trunks or tree stumps, and any company doing work on private property must remove that waste, disposed of at the owner's or contractor's sole expense. Ken's Tree Service leads with its general liability and workers compensation certificates.
Where this leaves your tree
Confirm the address is inside Safety Harbor.
Measure DBH at 4.5 feet, or a palm's clear trunk, and check the species and the four exemptions in section 153.03.
If the tree is dead, ask the city first.
If a building permit, site plan, pool, addition, paving or grade change is involved, work through the development track above before any site work starts.
Ken's Tree Service has worked from Tarpon Springs since 1996, across north Pinellas County, west Pasco County and the northwest corner of Hillsborough County. A tree that concerns you may be a candidate for removal, or for pruning or other work that keeps it standing, and that is an on-site residential tree care assessment rather than a reading of the code. Start a conversation with our website agent and describe the tree. Our office line, 727-934-5804, is there if you would rather call.
Frequently asked questions
Do I need a permit to remove a tree in Safety Harbor?
Inside Safety Harbor, removing a Protected Tree without first obtaining a Tree Removal Permit is unlawful unless an exemption in section 153.03 of the city's Land Development Code applies. A Protected Tree is any living native shade tree set forth on the code's Protected Tree table having a DBH of 4 inches or greater, or Sabal Palm/Cabbage Palm (Sabal Palmetto), or Paurotis Palm with a clear trunk of five (5) feet or more. The definition does not say whether the five (5) foot clear trunk test applies to both palms or only to the Paurotis Palm, and the city has not resolved it. The process is a written application in the form approved by the City Manager, a fee of $25.00 for residential parcels, an on-site inspection by City Staff before the permit is issued, and replacement trees or a fee in lieu of replacement.
Is it Safety Harbor's tree rules or Pinellas County's?
The Tree Removal Permit is created by the City of Safety Harbor's own Land Development Code, section 153.05, and the application is submitted to the City. The Safety Harbor code contains no provision exempting the city from, adopting, or yielding to the Pinellas County tree ordinance. What the county's own ordinance says about property inside a city is a question for the county's code, which this article does not state. Whether an address is inside Safety Harbor at all is a question for the permitting office at (727) 724-1515.
Do all palms need a permit in Safety Harbor, or only sabal palms?
Not every palm species is protected in Safety Harbor. The definition in section 153.01(U) names two palms only: Sabal Palm, also written as Cabbage Palm (Sabal Palmetto), and Paurotis Palm. So the common belief that only sabal palms need a permit does not hold here. The palm test is a clear trunk of five (5) feet or more, measured from the ground to where the live fronds emerge, and the code does not say whether that test applies to both palms or only to the Paurotis Palm.
Does a dead tree need a permit in Safety Harbor?
The code says two different things. Section 153.01(U) excludes a Dead Tree, a tree with no foliage, from the definition of a Protected Tree. Section 153.02(C), except for storm mitigation for those tree species listed as exempt, or following a declared state of emergency in which trees become damaged in such a way that topping or excessive pruning by or at the direction of a governmental agency becomes necessary, makes it unlawful for any person to cut down, damage, top, poison or in any manner destroy or cause to be destroyed any protected tree regardless of condition with a DBH of 4 inches or more without a Tree Removal Permit. The city has not resolved which text controls, so ask the permitting office before a dead tree comes down.
What does a Safety Harbor tree removal permit cost?
Section 153.05(B) sets the application fee at $25.00 for residential parcels and $100.00 for all other parcels, plus any replacement fees required by section 153.07. Replacement runs on the DBH inch of the tree removed, or, where a suitable location for replanting on the property is not available, a fee in lieu is paid into the City Tree Bank at the per-inch rates in section 153.07(D)(1). Removing a Protected Tree without a permit is charged at four (4) times the Tree Removal Permit fee and Tree Replacement Fee.
Do Safety Harbor's tree rules apply to commercial property and HOA common areas?
The Protected Tree definition and the exemptions in the tree division apply the same way to every parcel in the city, with no separate threshold for commercial, multifamily or association property. A non-residential parcel pays the $100.00 application fee rather than $25.00, and any property without a homestead exemption pays the higher per-inch replacement fees, from $20.00 to $100.00 per DBH inch. Florida Statute 163.045 applies only to a single-family, detached building on a lot actively used for single-family residential purposes, so it does not take a tree on commercial or common-area property out of the city's permit process.
Do I need a tree permit before a building permit in Safety Harbor?
Section 153.09(A) says no building permit shall be issued without an approved Tree Removal Permit or a notarized statement of No Tree Removal Verification, which covers a property with no Protected Trees or one where none that exist will be removed, and section 231.00(C)(4) repeats the rule for building and public works construction permits. Section 153.08(B) separately requires a Tree Removal Permit and a Protective Barrier before any development activity begins, and the code does not say how that applies to a site where no Protected Tree is removed, so ask the city.
What tree protection does Safety Harbor require during construction?
Section 153.08 requires a Protective Barrier around all Protected Trees on site before any development activity begins, built to the City tree barricade detail and kept in place until construction is complete, and bars solvents, material, construction machinery and temporary soil deposits from the Critical Root Zone. Pruning of Protected Trees during development is supervised by an Approved Arborist, a tree preservation plan prepared by an approved arborist is submitted before construction, and a utility crossing the Critical Root Zone of a Protected Tree in good health is directionally bored or tunneled. The property owner and/or contractor of record can be fined up to $250.00 per day for a missing or breached barrier.
Sources and scope
Primary sources, harvested in full and read September 27, 2026:
Safety Harbor Land Development Code, sections 153.00 through 153.16 and section 153.17, codified through Ordinance No. 2025-06, enacted February 16, 2026 (Supp. No. 20); section 154.00 and section 234.00.
Safety Harbor Land Development Code, development sections: 23.10, 36.00, 59.00, 147.05, 229.00, 231.00, 271.00 and 276.00.
Safety Harbor Code of Ordinances, codified through Ordinance No. 2024-08, adopted April 15, 2024 (Supp. No. 65): sections 9.05, 9.14, 10.08, 14.19, 20.20, 20.21, 23.06 and 23.07.
Florida Statutes section 163.045, read September 26, 2026.
City guidance, outranked by the code where they differ: the Permits page and the Tree Protection page, read September 27, 2026, and the city FAQ, read September 25, 2026.
Scope. This article explains the City of Safety Harbor code as codified on the dates above. It is not legal advice, makes no determination about any particular tree, property or address, and does not decide which authority governs a parcel. Confirm current requirements with the permitting office at (727) 724-1515.