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• Section 927.06. Exemptions. Notwithstanding anything to the contrary in this chapter, the following activities shall be lawful without application for or issuance of a tree removal or land -clearing permit None of these exemptions shall apply to any mangrove, dune vegetation, specimen or historic tree, or upland native plant community conservation area, unless otherwise stated below. The burden of proving entitlement to any particular exemption shall lie with the person claiming use of the exemption, in the event the exempted activity ever becomes subject to an enforcement proceeding. (1) The removal, trimming, pruning, or alteration of any non -unprotected tree, non -specimen tree, or other vegetation as necessary for: (a) The clearing of a path not to exceed four (4) feet in width to provide physical access or view necessary to conduct a survey or site examination for the preparation of subdivision plats, site plans, or tree surveys; or The clearing of a path not to exceed ten (10) feet in width to provide vehicular access necessary to conduct soil percolation and/or soil bore tests on a property, provided such clearing or removal is conducted under the direction of a Florida registered surveyor or engineer. (2) Routine landscape maintenance such as trimming or pruning of vegetation which does not result in the eventual death of the plants, mowing of yards or lawns, or any other landscaping or gardening activity which is commonly recognized as routine maintenance or replacement. The removal, trimming, pruning or alteration of any tree or vegetation in an existing utility easement or right-of-way provided such work is done by or under the control of the operating utility company and said company has received all necessary licenses or permits to provide utility service within the easement. (b) (3) (4) The removal, pruning, trimming, or alteration of any tree or vegetation for the purpose of maintaining existing access to a property. (5) Any activity conducted by a lawfully operating and bona fide commercial nursery, tree farm, agricultural operation, silvicultural operation, ranch, or similar operation, when the activity occurs on the property owned or lawfully occupied by the person conducting said activity and is done in pursuit of said activity. This exemption shall include the purposeful removal of a tree or trees for their permanent relocation at another site undergoing development. When land -clearing or tree removal has been performed under this exemption based upon the use of the property for an agricultural or silvicultural operation, the following shall apply: (a) No land development order shall be approved for any non-agricultural or non-silvicultural use or improvement on the same site within two (2) years of the completion of such land clearing or tree removal. (b) P.,rtaining to silviculture, operations are encouraged to implement a State Division of Forestry approved management plan, including a reforestation plan for harvested lands. (c) Pertaining to agriculture, operations are encouraged to implement a Soil and Water Conservation District approved conservation plan, including the use of Best Management Practices, as applicable to the specific area being cleared. (6) Any tree which has been destroyed or damaged beyond saving, or which constitutes an immediate peril to life, property, or other trees, may be removed without a permit. Tree removal, land -clearing, or grubbing of any vegetation, except mangrove or dune vegetation, upon any detached single-family residential lot or parcel of land having an area of one (1.0) acre or less; provided, this exemption shall not be construed to allow land -clearing, grubbing, or tree (7) NOVEMBER 12, 2002 71 • 7! '7 :sly e}t1 s L. I 1