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Board recommends changes to landscaping code, adds insurance exception for tree removal

City of New Smyrna Beach Planning and Zoning Board and Land Planning Agency · March 3, 2025
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Summary

The board voted 5–0 to forward a comprehensive rewrite of Article 6 (landscaping requirements) to the City Commission and asked staff to include an insurance-related exception allowing tree removal when an insurer documents a coverage requirement.

The Planning & Zoning Board unanimously recommended March 3 that the City Commission adopt a consolidated update to Article 6 of the City’s Land Development Regulations governing landscaping, tree preservation, buffers, maintenance, enforcement and appeals.

Consultant James Hartsfield (VHB) presented the rewrite, which consolidates disparate landscaping provisions into a single chapter, strengthens buffer and tree-protection requirements, revises mitigation and tree-mitigation fund calculations, clarifies maintenance responsibilities, and updates enforcement and appeals language. Board members praised clearer intent language and asked staff to consider an exception that allows tree removal when a homeowner or business presents insurer documentation showing coverage would be lost without removal.

Staff confirmed it will review existing state law that may preempt parts of the proposed text and recommended including language to allow the insurance exception where appropriate. The board moved to forward the text amendment to the City Commission with the suggested insurance-exception language and minor scrivener corrections; roll-call vote was 5–0.

If the Commission approves, the change will bring new planting, buffer and mitigation standards into force and shift some enforcement and mitigation practices for tree removal and landscape maintenance.