Bricklemyer Smolker & Bolves, p.a.

“Property rights. Every American citizen values these rights and regards their protection as a basic premise upon which our constitutional democracy is founded.”

CITY EMBRACES NEW TREE REGULATIONS (Tree Hugging)

By Keith W. Bricklemyer

The City of Tampa, which has generally been a ray of sunshine in any otherwise gloomy regulatory environment, is proposing amendments to its Tree Ordinance that would undo the permit streamlining efforts of the last several years. It would also obliterate zoning approval as the regulatory bright line relied on by developers and lenders as marking end of the "discretionary" approval process.

In addition to the protection afforded "grand trees," the new regulations provide special protection and a unique new permitting process for both grand trees and "significant mature trees" (SMTs). Significant provision are as follows:

1. SMTs must be identified by the City based on species, size and physical condition. Protected species include camphor, elm, holly, magnolia, maple, oak and pine trees ranging in caliper from 24 inches to 30 inches (diameter breast height).

2. If an owner proposes to remove or trim an SMT, he must file a permit application, pay a fee and notify surrounding property owners and registered neighborhood organizations.

3. If the application is approved, the owner must post the property to give notice of their approval.

4. The tree permit is not effective, and no other permits may be issued, for two weeks to allow objectors to appeal to City Council.

5. If an appeal is filed, the appealing party must give notice to the property owner and all those who got notice of the application.

No analysis has been provided as to the cost to administer this new program. The proposed regulations do not state the standards by which an appeal will be approved or denied, and the party filing the appeal is not required to post a bond to cover damages to the permittee if the appeal is denied or determined to be frivolous. Nor is the party filing the appeal required to disclose whether the construction of his home or business required removal of a protected tree. For further information, contact Keith Bricklemyer at (813) 223-3888.