Council reviews draft tree and landscape code changes; staff to return with draft ordinance
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Summary
City staff previewed proposed changes to Zephyrhills’ tree-removal and landscape code, including residential permit rules, replacement ratios and enforcement; assistant city attorney flagged state law limits on residential tree permits.
City planning staff and the city attorney presented July 28 a progress briefing on proposed updates to Zephyrhills’ tree and landscape regulations and received council direction to refine a draft ordinance.
Todd Vandenberg, planning director, said staff has reviewed local practices and model ordinances (including Safety Harbor) and plans to bring a draft ordinance back for formal readings after further refinements. Proposed topics include whether the city should require residential tree‑removal permits, updated tree‑replacement ratios with higher mitigation for ‘grand’ trees, a longer maintenance period for newly planted trees (proposed two years), an open‑space requirement for developments, and strengthened enforcement provisions (progressive fines and stop‑work orders).
Assistant City Attorney Matt Newton briefed council on relevant changes in Florida law and litigation history. He said a 2019 legislative change (and later 2022 clarifications) narrowed a residential “cheat code” allowing removal of dangerous trees after certain arborist findings; under current state law single‑family lots that meet specified standards may remove dangerous trees without a local permit, and cities must craft local rules in harmony with that statute and the ISA (International Society of Arboriculture) standards.
Council discussed possible new features: a modest residential tree removal fee, a mechanism to require replacement when an insurance company or property owner demands removal of a healthy tree, and the role of arborist reports and city verification. Staff and the attorney warned the city cannot demand pre‑approval in all cases where the statute applies; however, staff said the proposed fee and replacement rules could apply where removal is not covered by the state’s single‑family exemption.
Vandenberg said staff will consult landscape architects and bring back a formal draft ordinance with suggested fee schedule and replacement standards. Council did not vote on changes at this meeting and requested the refined ordinance and fee schedule for future action.
