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2002-030
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2002-030
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Last modified
3/26/2019 12:21:30 PM
Creation date
9/30/2015 3:46:16 PM
Metadata
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Ordinances
Ordinance Number
2002-030
Adopted Date
11/12/2002
Ordinance Type
Land Development Regulation Amendments
Code Number
Chapter901 and Chapter 927
Subject
Tree Protection and Land Clearing Requirements
Codified or Exempt
Codified
Archived Roll/Disk#
2744
Supplemental fields
SmeadsoftID
844
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ORDINANCE NO, 2002-030 <br />Section 927.06. Exemptions. <br />Notwithstanding anything to the contrary in this chapter, the following activities shall be lawful <br />without application for or issuance of a tree removal or land -clearing permit. None of these exemptions <br />shall apply to any mangrove, dune vegetation, specimen or historic tree, or upland native plant community <br />conservation area, unless otherwise stated below. The burden of proving entitlement to any particular <br />exemption shall lie with the person claiming use of the exemption, in the event the exempted activity ever <br />becomes subject to an enforcement proceeding. <br />(1) The removal, trimming, pruning, or alteration of any non-tmprotected tree, non -specimen tree, or <br />other vegetation as necessary for: <br />(a) The clearing of a path not to exceed four (4) feet in width to provide physical access or <br />view necessary to conduct a survey or site examination for the preparation of subdivision <br />plats, site plans, or tree surveys; or <br />(b) The clearing of a path not to exceed ten (10) feet in width to provide vehicular access <br />necessary to conduct soil percolation and/or soil bore tests on a property, provided such <br />clearing or removal is conducted under the direction of a Florida registered surveyor or <br />engineer. <br />(2) Routine landscape maintenance such as trimming or pruning of vegetation which does not result in <br />the eventual death of the plants, mowing of yards or lawns, or any other landscaping or gardening <br />activity which is commonly recognized as routine maintenance or replacement. <br />(3) The removal, trimming, pruning or alteration of any tree or vegetation in an existing utility <br />easement or right-of-way provided such work is done by or under the control of the operating <br />utility company and said company has received all necessary licenses or permits to provide utility <br />service within the easement. <br />(4) The removal, pruning, trimming, or alteration of any tree or vegetation for the purpose of <br />maintaining existing access to a property. <br />(5) Any activity conducted by a lawfully operating and bona fide commercial nursery, tree farm, <br />agricultural operation, silvicultural operation, ranch, or similar operation, when the activity occurs <br />on the property owned or lawfully occupied by the person conducting said activity and is done in <br />pursuit of said activity. This exemption shall include the purposeful removal of a tree or trees for <br />their permanent relocation at another site undergoing development. When land -clearing or tree <br />removal has been performed under this exemption based upon the use of the property for an <br />agricultural or silvicultural operation, the following shall apply: <br />(b) Pertaining to silviculture, operations are encouraged to implement a State Division of <br />Forestry approved management plan, including a reforestation plan for harvested lands. <br />Coding: Words in strike g ; are deletions from existing law. Words underlined are additions. <br />(a) <br />No <br />land <br />development <br />order shall <br />be approved for <br />any non-agricultural <br />or non-silvicultural <br />use or improvement on the same <br />site within two <br />(2) years of the completion <br />of such land <br />clearing or tree removal. <br />(b) Pertaining to silviculture, operations are encouraged to implement a State Division of <br />Forestry approved management plan, including a reforestation plan for harvested lands. <br />Coding: Words in strike g ; are deletions from existing law. Words underlined are additions. <br />
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