Magistrate finds permit violations after removal of 16 trees at Amelia Island property; administrative costs assessed

On April 8, 2025, Nassau County Special Magistrate Harrison Poole found that property owners removed trees at 5178 First Coast Highway, Fernandina Beach, without obtaining the Exempt Classification 2 tree‑removal permit required under the unincorporated Amelia Island Tree Protection and Replacement Ordinance (Ord. 97‑19). Poole consolidated two cases—CE25‑8824 and CE25‑8827—and ordered recovery of administrative costs but declined to assess fines.

The county presented evidence that an initial inspection identified nine suspected removals and a later survey showed 16 stumps across two adjacent parcels. County witnesses said the removals required prior submission of an exempt classification 2 permit, including an ISA‑certified arborist's notarized letter. Senior Planner Drew Pearson testified that the permitting process “provides the opportunity for the county to evaluate the condition of the trees proposed to be removed” and that no such permit was obtained before removal.

Nassau County Arborist Joe Piccherelli told the magistrate that his site visit and photographs showed fresh stumps and chainsaw frass and that, “the 16 trees that were removed, in my determination were either dead, damaged, diseased, and not protected.” Code enforcement presented photographs, a stump survey and a post‑removal affidavit; the county asked for a $2,500 fine per case plus administrative costs and to recover the county’s inspection and survey expenses.

Representatives for the owner, including Dwayne Romanello and Kevin Martin, said they had removed debris and dead limb material after purchasing the properties and that they believed the material removed were dead snags or storm‑down trees. Romanello said the owners “certainly did not recognize that there was any issue with removing dead trees.” The owners provided an independent arborist report (McCall Tree Health and Consulting LLC) and earlier survey materials; county counsel reserved rebuttal rights but did not dispute that most trees were not protected specimen trees.

Poole said the absence of protected or specimen trees weighed heavily in favor of the property owners but concluded the county’s procedures were not followed. He ordered that administrative costs of $2,086.62 be assessed in each consolidated case to recover county expenses tied to inspections and the stump survey. “But I'm not going to impose any fine in this case,” Poole said, noting the post‑removal review established the removals did not affect protected specimen trees. He said a written order would follow within a few days.

The decision records that the violation cites Nassau County Land Development Code section 37‑02 (Unincorporated Amelia Island Tree Protection and Replacement Ordinance, Ord. 97‑19) and specifically the requirement to obtain an Exempt Classification 2 permit under subsection F(1)(b). The magistrate’s oral ruling applies to both CE25‑8824 and CE25‑8827, which were heard and decided together.

The county retained the right to seek further administrative remedies if subsequent evidence or appeals change the factual record. The magistrate closed the consolidated hearing after announcing he would issue the written order that conforms with the oral findings.