Magistrate orders tree-restoration plan after arborists find specimen tree heavily damaged

Nassau County asked the special magistrate to assess a $15,000 fine and a restoration plan for damage to a protected specimen tree adjacent to 1321 South 4th Street in Fernandina Beach (case CE26-9189). Code officer Jonah Osteen described the inspection, evidence photos and requested a compliance date of Sept. 22 and a status hearing Oct. 13.

Consulting arborist Chuck Lippie testified the tree has substantial root damage and "the stability is impaired" such that the tree is a high risk to fall; he agreed with Carter Environmental Services's conclusion that removal is the likely outcome. Respondent witnesses, including Shane Rickey and engineer Kent Busch, testified that the developer (Doctor Horton) had attempted to preserve more tree inches than the minimum code required and offered additional plantings and mitigation. Magistrate Harrison Poole found competent evidence of a violation of tree-protection measures, ordered a restoration plan submitted within 30 days, deferred assessment of any fine to allow staff review, and set removal/compliance work to be completed in advance of the Oct. 13 hearing (magistrate discussed removal to be completed by Oct. 12).

Poole said the county's code requires a one-inch-for-one-inch replacement for unauthorized tree removal and that the restoration plan must include protection, replacement, irrigation and maintenance details. He declined to impose the $15,000 fine at this hearing in light of mitigation efforts and communication between the parties, but he ordered the plan be submitted and reserved the fine-assessment to Oct. 13.