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Tree Ordinance Controversy Sparks Community Concerns

August 21, 2024 | City of Atlantic Beach, Duval County, Florida


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Tree Ordinance Controversy Sparks Community Concerns
In a recent government meeting, officials discussed ongoing challenges related to landscaping and tree management in commercial developments. A key concern raised was the frequent non-compliance with landscaping codes by developers, which often leads to disputes over certificate of occupancy (CO) approvals. Officials noted that while they strive to assist developers throughout the process, issues arise when trees do not meet the minimum size requirements, particularly in new commercial projects.

The conversation highlighted a specific commercial site on Mayport Road, where developers are attempting to incorporate as many trees as possible despite relaxed landscaping requirements in the central business district. The meeting underscored the importance of having representatives from the tree committee present during variance discussions to provide insights and recommendations.

Additionally, the qualifications for joining the tree subcommittee were clarified, emphasizing the need for members to be part of the Environmental Sustainability Committee (ESC) before applying. The subcommittee plays a crucial role not only in hearing appeals but also in discussing tree planting strategies and potential ordinance changes.

A significant point of contention was a Florida statute that limits local municipalities' authority over tree ordinances, particularly concerning hazardous trees. This law allows property owners to remove trees deemed hazardous by certified arborists without local oversight, raising concerns about potential misuse by unscrupulous arborists. Officials expressed frustration over the challenges posed by this statute, which they believe undermines local governance and tree preservation efforts.

Overall, the meeting reflected a commitment to improving landscaping compliance and addressing the complexities of tree management within the community, while also navigating the constraints imposed by state legislation.

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