The City of Miami Springs City Council unanimously voted in favor of a new ordinance for a stronger “Tree Protection Program.” The highlights of the program include:
- Create a replacement tree canopy credit program
- Provide a method of calculating tree size
- Revise code enforcement penalties
- Separate tree permit requirements for private property versus public rights-of-way
- Create tree barrier zone protection requirements for existing trees
- Strengthen the City Tree Trust Fund
- Establish punishments of up to $5,000
Read the full Memorandum from the City Attorney’s Office below:
Recommendation: Adopt on first reading the proposed Ordinance comprehensively amending Chapter 54 of the City Code to revise permitting procedures, regulations, and penalties relating to tree protection, removal, and relocation.
Background: The City’s Board of Parks and Parkways (the “Board”) underwent a comprehensive review of Chapter 54, “Tree Protection Program,” of the City Code in order to make recommendations of potential changes to the City’s Code that would strengthen and supplement existing provisions that protect the tree canopy within the City. On August 15, 2023, the Board finalized their recommendations, which main recommendations can be summarized as follows:
- Revise existing tree removal permitting procedures relating to the review and submission of tree removal and mitigation plans and requirements.
- Create a replacement tree canopy credit permitting framework for determining the number and type of trees required to mitigate the impact of tree removal during the permitting process.
- Provide a method of calculating tree size based on diameter at breast height (DBH)
calculations. - Revise code enforcement penalties for violations of Chapter 54 of the City Code.
The Ordinance accompanying this memorandum incorporates the Board’s recommendations together with the following additional amendments proposed by City Staff:
- Revise Section 54-03, “Definitions,” of Chapter 54 of the City Code to strengthen existing definitions, eliminate terms that are unused or that have become unnecessary, and add additional terms that are needed in light of the proposed changes.
- Separate tree permit requirements for private property versus public rights-of-way to ensure maximum protection of City-owned trees located on public rights-of-way.
- Create tree barrier zone protection requirements for existing trees that could be negatively impacted during development and construction.
- Revise and strengthen procedures for the creation of a City Tree Trust Fund and eligible uses of such funds.
- Strengthen code enforcement penalties for violations of Chapter 54 of the City Code by
allowing the City Special Magistrate to determine whether an unpermitted tree removal
constitutes an uncorrectable violation that is irreparable or irreversible in nature and
punishable by a fine of up to $5,000.
It is recommended that Council consider the Ordinance and make a motion to approve the
Ordinance as presented on first reading. If the Ordinance is approved on first reading, the
Ordinance will be placed on the agenda for second reading at the May 28, 2024 City Council Meeting.
