How would one trim/prune a massive ficus tree?

[miamicuse]

Is it even possible?

I have a pretty messy cluster of strangler fig tree that I think is a Ficus Benjamina.

As far as I can tell there are six major trunks with diameter exceeding 24" in an area about 30'X30' in my yard.  Over the years it has grown into each other where branches and aerial roots fused together into an interconnecting mass.

I bought the property two years ago and at that time the branches have spread over  to two oak trees 25 feet away on my neighbor's yard and it then traveled down that oak tree along it's branches and touched down there looking like invaders of the body snatchers.  I have since separated the trees and cut them back multiple times in hope of getting it under control.

Then the next problem are the fig fruits.  In May for a good month, the figs about 1/4" in diameter drops all over onto my clay brick driveway, front deck and fish pond.  Early May not so bad, the figs can be swept up.  Come June, the fig drops at a rate of 100 a minute, it rains down when the win blows, and in June, the ripe figs can't be swept, as it burst into glooey mess as it hit the bricks.  If you try to sweep it it just smear all over.  Worse yet it drops into the fish pond, to the point then it sinks to the bottom, after a while, so much has dropped it starts to ferment.  The pond water gets a wine like odor and the fish gets sluggish, so I have to pump water out and add new water every day to keep the water quality bearable for the fish to survive.

So for all these reasons I began to cut the ficus back, twice a year.  But local laws prohibit cutting in excess of 10% (the tree trimmers say), so each time I cut back 10%, 3 months later it grows back 15% LOL.

I decided to make some cuts myself, but I really don't know what I am doing when it comes to a tree where I can't really tell what is a branch and what is an aerial root and they all weave into each other.  But I did buy a new chain saw and attempted some cuts with a friend.  I got up high with a ladder and I spent more time trying to figure out how/where to cut then the actual cutting.

I found that if I cut an aerial root, and leave out a root stub in mid air, it will shoot out new hair like roots in one week and develops a full beard.

Here is what I worked with last weekend.  The professional tree trimmers left me with this last October so this is my starting point.

So I made some upper cuts as you can see from the picture below.

Then I cut out the lumpy mass at the bottom.  I had to cut away I believe in excess of 30 branches or roots fused to it.  I am not sure I am happy with the result, and I find it difficult to visualize what I will end up before I get into it.

Here is another side I attempted some cutting back.  I put a red square everywhere I made a cut, and I just can't seem to cut it so it looks right as everything is fused together.

Here are some of the pieces I cut out, they are not oval "logs" like a normal tree, but pieces that look like badly deformed rubics cubes.

I got a great workout from it, but I can't say that this is a positive step.  The objectives are: (1) reduce overall coverage to reduce footprint of the messy dropped figs; (2) remove some of the interior branches so allow more air to pass through (hurricane season is coming); (3) cut back branches overarching my roof (hurricane season is coming)

But every time I tried to cut away one branch, it is connected to six others from above, and four from below, and once you sever those, they are in turn connected to others and you end up chasing in all directions, like a 3D spider web.

Will a real experienced tree pro do better?  Or this is going to be a mess no matter who does it?

[aztropic]

Why not just cut to the chase and remove it entirely? Looks like it could be considered a safety hazard already if hurricane winds blow it over...

 

aztropic

Mesa, Arizona

[spike]

I wonder how long that thing would last if you just cut all its roots and trunk disconnecting it from the ground... I'm guessing a while. Sorry for the useless comment.

Edited May 21, 2022 by spike

[Silas_Sancona]

1 hour ago, aztropic said:

Why not just cut to the chase and remove it entirely? Looks like it could be considered a safety hazard already if hurricane winds blow it over...

 

aztropic

Mesa, Arizona

Agree w/ Scott.. If a majority of the remaining trunks are less than the total size of the canopy ( tough to size up in the pictures )  the entire mass could collapse if the wind hits it a certain way in a strong enough storm.. 

Would definitely consider having it looked over by a qualified Arborist, who will know how to approach the city / county if either decides to hem and haw about removing it. Isn't native, so you - the home owner - should be able to remove ..or severely reduce it's size  ..if you choose to..  ..Without any push back.

[NOT A TA]

I see wires in the pics, call the power company.

[miamicuse]

44 minutes ago, NOT A TA said:

I see wires in the pics, call the power company.

Power company is not involved in this.  This is on my property and the power company is not going to do anything.

I have a rental property nearby and in 2017 during hurricane Irma a branch 28' long 12" diameter came down from 40' above ground and crashed onto the roof on one side and sat on the power line on the other.  The power line held, kept power on.  Called Florida Power and Light and was asked "do you have power?  Yes?  Not our problem!  a big branch is sitting on the power line that is now sagging and under tension and looks like it could snap any moment!  SIR DO YOU HAVE POWER NOW?  YES?  NOT OUR PROBLEM CALL A TREE COMPANY.  The power company does not get involved unless power is out or power line is severed.

[miamicuse]

I could (I think) remove it if I really wanted to.  The city won't let me do it (landscape division) and said if they let me do it I will have to plant an equal size tree somewhere else which is impossible, the canopy is about 60 feet around and highest point 50' tall now (after 4 severe trimming with a bucket truck over the last two years.

But the state of Florida has a law banning local jurisdictions from disallowing property owners from removing a tree, but they city pretend this law doesn't exist.  I think if I really want to I can do it and fight it in court.

But it does provide shades.  I have also planted shaving loving plants around it that will be destroy if it's to be removed.  There are also dozens of gingers, palms around it, inside it, so I want to reduce it by A LOT, but not totally kill it.

I am trying to get rid of the red and brown trees and leave along the blue and green trees, if possible.  It seems like a losing battle.

Edited May 21, 2022 by miamicuse

[Silas_Sancona]

4 minutes ago, miamicuse said:

Power company is not involved in this.  This is on my property and the power company is not going to do anything.

I have a rental property nearby and in 2017 during hurricane Irma a branch 28' long 12" diameter came down from 40' above ground and crashed onto the roof on one side and sat on the power line on the other.  The power line held, kept power on.  Called Florida Power and Light and was asked "do you have power?  Yes?  Not our problem!  a big branch is sitting on the power line that is now sagging and under tension and looks like it could snap any moment!  SIR DO YOU HAVE POWER NOW?  YES?  NOT OUR PROBLEM CALL A TREE COMPANY.  The power company does not get involved unless power is out or power line is severed.

Yep..  When we lived in Bradenton, a line that ran from the house to the pole itself started arcing both where tree branches were tangled in it near the pole, and from the pole to where the line entered the house.. Called the power company to come out ..twice Didn't do a thing. From what streetview shots i have seen since, stuff tangled up in the lines by the pole is still there.. FP&L? = ..Absolutely worthless.

Back in San Jose at least, PG&E would be out to trim if they noticed trees starting to grow up into lines while casually cruising through neighborhoods checking on things.

[miamicuse]

I climbed up to mid height on another side today, didn't do any cutting just trying to feel the various limbs to see what's connected to what.  It's so intertwined I can't seem to figure out how to best separate them.

[bubba]

Attempt at humor:

[Merlyn]

It's pictures like this that make me kinda happy it's too cold for ficus at my house.  I'd undoubtedly plant one, and then really...REALLY regret it later!    I actually do have a couple of Ficus "Audrey" aka Benghalensis, but after planting one that grew to 2-3' tall it burnt to the ground at 29F and barely resprouted by June the next summer.  So my method of preventing them from overgrowing is regular frosts.

As far as reducing yours goes, it seems like reducing the canopy diameter might be the best way of preventing excess fig drops.  Maybe pick an area that has branches protruding outwards.  If you know how to do it, you can rope off limbs to the main trunk, cut and let them fall back against the trunk.  Then rope-lower to the ground.  I've watched tree guys do that on my ~40 water oaks that I removed, but haven't done it myself.  It seems like cutting roots in the middle might be a good workout, but not effective at reducing the growth rate or fig drop.  Theoretically if you magically removed all the leaves...it wouldn't have the energy to resprout leaves and figs.  So removing leaf mass might be the best way to prevent the "remove 10% and then 15% grows back" effect.

Speaking of that, the tree guys say they can't remove more than 10% at a time.  But what is the time frame definition?  If you cut out 10% every weekend, after a month or so it would be half the size... 

[chinandega81]

I wanted to add, this is not a strangler fig (a protected native), this looks like the invasive ficus banjamina.  The Florida invasive bans usually allow for this tree to be removed entirely, without a permit. Make sure your jurisdiction knows it is NOT a native stranglet fig rather the exotic ficus banjamina. If they still don't care, find a tree trimmer or just remove 25% as opposed to the 10% each time. It shouldn't be enough to be overly obvious, and keep at it a couple of times a year until you get it to a manageable size.

[miamicuse]

11 hours ago, chinandega81 said:

I wanted to add, this is not a strangler fig (a protected native), this looks like the invasive ficus banjamina.  The Florida invasive bans usually allow for this tree to be removed entirely, without a permit. Make sure your jurisdiction knows it is NOT a native stranglet fig rather the exotic ficus banjamina. If they still don't care, find a tree trimmer or just remove 25% as opposed to the 10% each time. It shouldn't be enough to be overly obvious, and keep at it a couple of times a year until you get it to a manageable size.

OK I am confused about the names.

I also think what I have is a Ficus benjamina and referred to it as such in my first post.  But I was under the impression that many of these ficus trees that shoots out aerial roots that attach to whatever they land on and binds and wraps around them are general referred to as a "strangler fig" including Ficus citrifolia, Ficus microcarpa, Ficus aurea, Ficus benjamina and even some of the banyan species.  Is this not the case and a strangler fig is a special species?  Is Ficus aurea the one you referred to specifically as the native ficus that is protected?

[Merlyn]

The leaves on Benjamina look different than Benghalensis, so that should be easy to tell apart.  I'm not sure which you have, but post a close up photo of the leaves and it might be obvious.

[Silas_Sancona]

3 hours ago, miamicuse said:

OK I am confused about the names.

I also think what I have is a Ficus benjamina and referred to it as such in my first post.  But I was under the impression that many of these ficus trees that shoots out aerial roots that attach to whatever they land on and binds and wraps around them are general referred to as a "strangler fig" including Ficus citrifolia, Ficus microcarpa, Ficus aurea, Ficus benjamina and even some of the banyan species.  Is this not the case and a strangler fig is a special species?  Is Ficus aurea the one you referred to specifically as the native ficus that is protected?

They all can produce areal roots and strangle whatever they wrap around..  " Strangler "  Fig is just an over - used, common reference for these species of Ficus..  Using the scientific name narrows things down a whole lot better.

Native sp. would be F. aurea, and F. citrifolia.  F. benjamina  would be the non native species..  Much smaller leaves than either of the natives, ..even on mature trees..

F. benjamina:

https://www.inaturalist.org/taxa/50996-Ficus-benjamina

F. citrifolia:

https://www.inaturalist.org/taxa/162970-Ficus-citrifolia

F. aurea:

https://www.inaturalist.org/taxa/120934-Ficus-aurea

[miamicuse]

5 hours ago, Silas_Sancona said:

They all can produce areal roots and strangle whatever they wrap around..  " Strangler "  Fig is just an over - used, common reference for these species of Ficus..  Using the scientific name narrows things down a whole lot better.

Native sp. would be F. aurea, and F. citrifolia.  F. benjamina  would be the non native species..  Much smaller leaves than either of the natives, ..even on mature trees..

F. benjamina:

https://www.inaturalist.org/taxa/50996-Ficus-benjamina

F. citrifolia:

https://www.inaturalist.org/taxa/162970-Ficus-citrifolia

F. aurea:

https://www.inaturalist.org/taxa/120934-Ficus-aurea

Thank  you.

I am thinking it's Ficus Benjamina.

Pictures to follow.

[miamicuse]

Pictures of leaves.

Close up.

next to a tape measure for scale.

Trunk cross section after cutting out a limb.  Cut ends often has this white color sap/milk that is really sticky.

This is what my deck and fish pond looks like after one day of fig drops in early June last year.  It was skimmed one day prior.

I say it's "Ficus Nightmare".

Edited May 24, 2022 by miamicuse

[Silas_Sancona]

11 minutes ago, miamicuse said:

Pictures of leaves.

Close up.

next to a tape measure for scale.

Trunk cross section after cutting out a limb.  Cut ends often has this white color sap/milk that is really sticky.

This is what my deck and fish pond looks like after one day of fig drops in early June last year.  It was skimmed one day prior.

I say it's "Ficus Nightmare".

Oh that's a nightmare alright, lol . Easily remember how much fruit these things dropped.

99.8% sure that is F. benjamina..  If you look at leaves of the native sp, they're more round / spoon- shaped, compared to a narrow-ish, oblong shape ( F benj. ) ..Much larger leaves overall as well. 

Native sp. also have clearly visible veins running through the leaves. Veins are slightly raised if you're looking the bottom facing side of the leaves too.

 

[Merlyn]

57 minutes ago, miamicuse said:

I say it's "Ficus Nightmare".

Indeed.  Nightmare on Banyan Street?  Ficus Benjamina ssp. Nightmare?  

[Jerry@TreeZoo]

Sami, are you sure those are ficus fruit in your pond?  I think you are living on a cranberry bog.

 

Oh, and as far as pruning that tree, I just want to say, "OH MY GOD!"  There are about a million ways to injure or croak yourself, and another million ways to inadvertently destroy your tree.  If you trim it wrong, you increase the risk of the tree failing in a storm. Falling on you or your car or house.

 

Please call a certified arborist.

[Darold Petty]

I would just 'bite the bullet' and remove the tree.  One could erect a temporary shade canopy for the remaining plants.  This is a losing hand.   

[chinandega81]

OK this thread had me confused regarding the city's response, so I called the landscape planner examiner in city of Ft. Lauderdale to see what he would tell me...

I said I had a large Ficus benjamina I wanted to remove from my property. I was told it is only a class C exotic and therefore WOULD need a removal permit....and then comes the fun part, everything here forward depends on the diameter of the trunk at 4 feet above the ground. And based on that, "mitigation" is calculated as to how much or many trees would need to replace the loss of canopy. There is *only* a 60% replacement requirement, which is a reduction, since it is exotic. Yikes! So, very expensive all around.  And of course you can pay into a tree replacement fund in lieu of replanting on your yard...which would probably be thousands of dollars.

So, back to my original advice: just keep diligently pruning it every few months until it is under control and a desired size. Then, keep at it and don't let it get too large again.

I know Florida law allows homeowners to remove trees if a certified arborist classifies it as a threat to your home. You might want to reach out to one and see of they can issue that certificate and process the necessary permit, WITHOUT having to mitigate or replace. I think municipalities hate that information and don't freely volunteer it. It's worth looking into as an option at least.

Good luck, Ft. Lauderdale seems like a real headache to deal with.

[Jerry@TreeZoo]

The old Florida tree law about homeowners removing "Danger" trees was poorly written and a new law the governor just signed is in force.  I have not seen the language but it is not as permissive as before.

 

Cities are not obligated to advise you of this law, so if you come to them asking for a permit, you are giving up your rights and going by city rules. Cities use this permit money to pay code enforcement and landscaping personnel

 

That is why the city guy did not tell.  He wants to keep his job.  I really don't know where cities got the idea that they were entitled to the value of your property.

[miamicuse]

On 5/23/2022 at 9:28 PM, Jerry@TreeZoo said:

Sami, are you sure those are ficus fruit in your pond?  I think you are living on a cranberry bog.

Oh, and as far as pruning that tree, I just want to say, "OH MY GOD!"  There are about a million ways to injure or croak yourself, and another million ways to inadvertently destroy your tree.  If you trim it wrong, you increase the risk of the tree failing in a storm. Falling on you or your car or house.

 

Please call a certified arborist.

It did look like a cranberry bog.  It actually started fermentation and smell it too.  The fish got sluggish so I caught them all and put them in a kiddie pool, and laid a chicken wire over the pool to stop the raccoons, herons and other predators from getting the fish and I pumped out 80% of the water and refilled, then did it again 3 times a week for two weeks before I reintroduced the fish.

I hired a licensed and professional tree trimming company and trimmed it.  Not once, but five times, each time about six months apart, at a cost that averages about $2000 each time.  But each time only the "tips" got trimmed all around with a bucket truck.  I want to get ahead of it and do something more aggressive.

[miamicuse]

On 5/24/2022 at 10:16 AM, chinandega81 said:

OK this thread had me confused regarding the city's response, so I called the landscape planner examiner in city of Ft. Lauderdale to see what he would tell me...

I said I had a large Ficus benjamina I wanted to remove from my property. I was told it is only a class C exotic and therefore WOULD need a removal permit....and then comes the fun part, everything here forward depends on the diameter of the trunk at 4 feet above the ground. And based on that, "mitigation" is calculated as to how much or many trees would need to replace the loss of canopy. There is *only* a 60% replacement requirement, which is a reduction, since it is exotic. Yikes! So, very expensive all around.  And of course you can pay into a tree replacement fund in lieu of replanting on your yard...which would probably be thousands of dollars.

So, back to my original advice: just keep diligently pruning it every few months until it is under control and a desired size. Then, keep at it and don't let it get too large again.

I know Florida law allows homeowners to remove trees if a certified arborist classifies it as a threat to your home. You might want to reach out to one and see of they can issue that certificate and process the necessary permit, WITHOUT having to mitigate or replace. I think municipalities hate that information and don't freely volunteer it. It's worth looking into as an option at least.

Good luck, Ft. Lauderdale seems like a real headache to deal with.

Yes, the city can be really difficult to deal with.

I have a friend on the next block and he was required to plant two trees 8' each when he did his driveway.  He bought two trees that were 10' tall (including the pots) and planted them into the ground.  A month later the inspector failed him because it wasn't 8' tall because the inspector insisted to measure the tree from ground to top of the main trunk instead of to the highest branch.  Said it was 5" too short.  He wouldn't pass.  My friend got so mad he said I will just call again for another inspection every month, and you guys can keep coming out and see how it's growing.

I think if I can get an arborist to certify it needing removal, then I can remove it without a permit.  The city is really vague on this, and they pretend that this Florida statue does not exist or do not apply.  I might try to do that just to have that in my back pocket.

163.045 Tree pruning, trimming, or removal on residential property.—

(1) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains 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.

(2) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.

(3) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321-403.9333.

[miamicuse]

On 5/24/2022 at 8:22 PM, Jerry@TreeZoo said:

The old Florida tree law about homeowners removing "Danger" trees was poorly written and a new law the governor just signed is in force.  I have not seen the language but it is not as permissive as before.

 

Cities are not obligated to advise you of this law, so if you come to them asking for a permit, you are giving up your rights and going by city rules. Cities use this permit money to pay code enforcement and landscaping personnel

 

That is why the city guy did not tell.  He wants to keep his job.  I really don't know where cities got the idea that they were entitled to the value of your property.

I don't even know how the city can tell how many F Benjamina I have.  It is a cluster of them and I count six trunks at the ground level with diameters  exceeding 2 feet.  Does that mean I have six trees?  There are at least another two dozens that are smaller like the 12-16 inches in diameter.  Ideally, I would like to reduce the six major trunks to say three.  The issue of course is I cannot just cut across those three at their bases because it's all interconnected and fused together higher up.

[mnorell]

Jerry is absolutely correct when he says you are courting danger by cutting those adventitious roots, both for yourself, your property, and for the tree itself. The various banyan-style Ficus species (including F. benjamina) put those roots down for a reason...they provide a very stable base that can resist a reasonably strong hurricane as long as wind can pass through the crown. The proper way to prune a Ficus in South Florida is to hire a top-notch arborist and have them open up the crown carefully and artfully so the air can move very freely through it. I would think July/early August would be a good time to do it in southeast Florida, just in advance of the storm season. A good arborist will sculpt the interior of the crown and leave the roots alone unless they are a threat for some reason. This careful top-working of the tree is what has saved many, many Ficus in recent-history hurricanes. And I hate to say it, but when you buy a property and it has one of these monsters on it, you are tacitly saying that you are buying that tree and intend to enjoy it. The cost of removal can buy a small house in some areas of the country! And indeed municipalities can cause you a great deal of trouble if you go rogue. There was a case in the last few years where a woman cut down a massive (something like 100-plus-year-old) Ficus elastica in Key West and she paid for it dearly (if I remember, correctly the fine was something approaching I think $50K). You probably don't want to tangle with the government because they have a way of winning no matter how solid a case you may think you have.

As far as the figs go...I know that in the Keys the white-crown pigeons, the racoons and other birds and wildlife make a feast of the figs and pretty much decimate the crop over the course of the year. Perhaps you don't have enough (or the right type of) wildlife where you are.

[Jerry@TreeZoo]

5 hours ago, miamicuse said:

Yes, the city can be really difficult to deal with.

I have a friend on the next block and he was required to plant two trees 8' each when he did his driveway.  He bought two trees that were 10' tall (including the pots) and planted them into the ground.  A month later the inspector failed him because it wasn't 8' tall because the inspector insisted to measure the tree from ground to top of the main trunk instead of to the highest branch.  Said it was 5" too short.  He wouldn't pass.  My friend got so mad he said I will just call again for another inspection every month, and you guys can keep coming out and see how it's growing.

I think if I can get an arborist to certify it needing removal, then I can remove it without a permit.  The city is really vague on this, and they pretend that this Florida statue does not exist or do not apply.  I might try to do that just to have that in my back pocket.

163.045 Tree pruning, trimming, or removal on residential property.—

(1) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains 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.

(2) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.

(3) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321-403.9333.

That language looks like the old bill.  Try to find the one the governor just signed this month or last month.

[miamicuse]

4 hours ago, Jerry@TreeZoo said:

That language looks like the old bill.  Try to find the one the governor just signed this month or last month.

I did a search and I found a Florida house bill 1555 filed in January 11, 2022.

HB 1555 2022
An act relating to private property rights to prune, trim, and remove trees; amending s. 163.045, F.S.;defining terms; prohibiting local governments from requiring 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 certain documentation;providing that a tree poses an unacceptable risk if removal is the only means of practically mitigating its risk below moderate as determined by specified procedures; providing an effective date.  Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 163.045, Florida Statutes, is amended to read:
163.045 Tree pruning, trimming, or removal on residential property.
(1) For purposes of this section, the term:
(a) "Documentation" means an onsite assessment performed in accordance with the tree risk assessment procedures outlined in Best Management Practices - Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture (ISA) or a Florida licensed landscape architect and signed by the certified arborist or licensed landscape architect.
(b) "Residential property" means a single-family, detached building located on a lot that is actively used for single family residential purposes and that is either a conforming use  or a legally recognized nonconforming use in accordance with the local jurisdiction's applicable land development regulations.
(2) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on a residential property if the property owner possesses obtains documentation from an arborist certified by the ISA International Society of Arboriculture or a Florida licensed landscape architect that the tree poses an unacceptable risk presents a danger to persons or property. A tree poses an unacceptable risk if removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in  Best Management Practices - Tree Risk Assessment, Second Edition (2017).
(3) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in  accordance with this section.

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

So at first glance it appears the main changes are: (1) they clarified residential properties to single family homes, excluding multifamily and mixed uses. (2)  They kind of restricted the condition of removal from "the tree presents a danger to persons or property." to defining an unacceptable risk and removal being the only means of mitigating and referenced this book Best Management Practices - Tree Risk Assessment, Second Edition (2017).

Edited May 26, 2022 by miamicuse

[Jerry@TreeZoo]

The House Bill has to be worked out with the Senate Bill until they agree on a single version for the governor.  The final bill might not say exactly what you have there.

 

The Tree Risk Assessment Qualification (TRAQ) is not held by a majority of arborists.

Most TRAQ arborists will not give you the document unless they are pruning or removing the tree.  If they think it is dangerous, they might consider it unwise to encourage a homeowner to remove it themselves.

If the city challenges the unacceptable risk aspect, it could force an inquiry by the ISA.  If the ISA board finds against the arborist, he could lose his credentials,  The city might allege that the tree was rendered a high risk by the homeowners actions and therefore the state bill is moot.

[Merlyn]

One important point in the language is that there doesn't appear to be any kind of "prior notice" requirement to the city.  So if that is the language in the final signed bill then you could get the TRAQ and have the tree removed.  If the city comes and complains, you show them the TRAQ and the copy of the statute, and tell them to go away.

Note:  I haven't found or read the statutes, I'm not a lawyer, and I didn't stay at a Holiday Inn Express last night!

[Jerry@TreeZoo]

2022518er

 

 Page 1 of 2 CODING: Words stricken are deletions; words underlined are additions.

 

 1

An act relating to private property rights to prune, 2 trim, and remove trees; amending s. 163.045, F.S.; 3 defining terms; revising conditions under which a 4 local government may not require a notice, 5 application, approval, permit, fee, or mitigation for 6 the pruning, trimming, or removal of a tree on 7 residential property; specifying when a tree poses an 8 unacceptable risk; providing an effective date. 9

10

Be It Enacted by the Legislature of the State of Florida: 11

12

Section 1. Section 163.045, Florida Statutes, is amended to 13 read: 14

163.045 Tree pruning, trimming, or removal on residential 15 property.— 16

(1) For purposes of this section, the term: 17

(a) “Documentation” means an onsite assessment performed in 18 accordance with the tree risk assessment procedures outlined in 19 Best Management Practices - Tree Risk Assessment, Second Edition 20 (2017) by an arborist certified by the International Society of 21 Arboriculture (ISA) or a Florida licensed landscape architect 22 and signed by the certified arborist or licensed landscape 23 architect. 24

(b) “Residential property” means a single-family, detached 25 building located on a lot that is actively used for single-26 family residential purposes and that is either a conforming use 27 or a legally recognized nonconforming use in accordance with the 28 local jurisdiction’s applicable land development regulations. 29 ENROLLED 2022 Legislature CS for SB 518 2022518er

Page 2 of 2 CODING: Words stricken are deletions; words underlined are additions.

 

(2) A local government may not require a notice, 30 application, approval, permit, fee, or mitigation for the 31 pruning, trimming, or removal of a tree on a residential 32 property if the property owner possesses obtains documentation 33 from an arborist certified by the ISA International Society of 34 Arboriculture or a Florida licensed landscape architect that the 35 tree poses an unacceptable risk presents a danger to persons or 36 property. A tree poses an unacceptable risk if removal is the 37 only means of practically mitigating its risk below moderate, as 38 determined by the tree risk assessment procedures outlined in 39 Best Management Practices - Tree Risk Assessment, Second Edition 40 (2017). 41

(3)(2) A local government may not require a property owner 42 to replant a tree that was pruned, trimmed, or removed in 43 accordance with this section. 44

(4)(3) This section does not apply to the exercise of 45 specifically delegated authority for mangrove protection 46 pursuant to ss. 403.9321-403.9333. 47

Section 2. This act shall take effect July 1, 2022.