By: Shelby McCullough| Published: October 18, 2026
TL;DR: Florida has no statewide list of protected backyard trees. City and county codes do that work, and they give the most protection to large native trees like live oaks and Southern magnolias. On a single-family lot, a state law lets you skip local permits if an ISA-certified arborist documents that the tree poses an unacceptable risk.
Florida has no single statewide list of protected trees for homeowners. Instead, Florida protected trees are set mostly by city and county codes. Those codes give extra protection to large native trees like live oaks and Southern magnolias. In Orlando and unincorporated Orange County, three things decide whether removal needs a permit: the tree’s species, its trunk size and the type of property it stands on.
The rules change at the city line. A live oak in a Conway backyard may fall under Orange County’s code. The same tree a mile away, inside Orlando city limits, follows the city’s code. Here is how each layer works, and what it means before anyone starts a saw.
How do Florida protected trees rules work at the state level?
At the state level, Florida mostly limits what local governments can require. It does not publish a list of protected yard trees. Under Florida Statute 163.045, a city or county may not require a notice, permit, fee or mitigation to remove a tree on residential property in one case. That case is when the owner has documentation from an ISA-certified arborist or a Florida licensed landscape architect showing the tree poses an unacceptable risk to people or property. The local government also can’t make you replant.
The law defines that risk narrowly. Removal must be the only practical way to bring the tree’s risk below moderate. The arborist has to use the procedures in the ISA’s Best Management Practices: Tree Risk Assessment, Second Edition (2017). The law also defines residential property as a single-family detached home on a lot that is actively used as one. Mangroves are carved out too, though that rarely matters inland in Orange County.
Florida also protects certain native plants on its Regulated Plant Index. That law mainly targets destroying or harvesting listed plants on someone else’s land, or on public land, without permission and a state permit. For most Orlando yards, the local tree code is the rule that actually applies.
Which trees are protected in unincorporated Orange County?
Orange County protects trees in tiers, from regulated trees up to heritage trees. Many homes in Pine Castle, Union Park and Conway sit in unincorporated Orange County, so the county’s tree code applies there instead of Orlando’s. The county updated that code in 2023, and the changes took effect March 15, 2024.
- Regulated trees are species on the county’s recommended stock list that measure 8 inches or more in diameter at breast height (DBH). DBH is measured 4.5 feet above the ground. Trees under 8 inches DBH are exempt.
- Specimen trees are certain species at set sizes, such as live oak at 24 inches DBH and winged elm at 12 inches. The county also names turkey oak, longleaf pine, sweetgum and bald cypress as specimen species.
- Heritage trees are the top tier. The county says mature live oaks and Southern magnolias now fall in this group.
This next part surprises a lot of homeowners. According to the Orange County tree removal guidance, a residential property needs a permit only if it is over 2 acres with a home, or if it is vacant, no matter the size. Commercial property almost always needs a permit. Any tree in a wetland needs approval from the county’s Environmental Protection Division before work starts. So a typical home lot in Pine Castle usually doesn’t need a county permit unless wetlands or a conservation area are involved. A large parcel in Union Park might.
Protection matters most during development and land clearing. A developer who removes a specimen tree must plant replacement trees that add up to three times the lost tree’s inches. For a heritage tree, it’s five times. The county’s fee schedule charges $318 per DBH inch for impacts to specimen trees and $530 per inch for heritage trees.
What makes a tree protected inside Orlando city limits?
Inside the City of Orlando, Chapter 60 of the city code protects trees above a minimum trunk size. Removing one requires a tree removal permit unless state law exempts the work. Invasive exotic species are not protected.
The city also gives two groups special status. Its Parks Official can name Specimen or Historic Trees based on size, age, history, species or unique traits. Specimen trees include Champion Trees identified by the Florida Division of Forestry. The city’s 2020 tree ordinance describes a Historic Tree as any healthy tree with a trunk of 30 inches DBH or more. Once a tree is designated, it is protected wherever it stands on the lot.
One detail helps owners of failing trees. The city may waive the permit fee if a tree’s health, structure or location makes it a hazard, or if the tree is an invasive species. Size thresholds and fees change from time to time, so confirm the current numbers with the city before you plan a removal.
How do the protection levels compare?
| Category | Where it applies | What qualifies | What removal usually involves |
|---|---|---|---|
| Regulated tree | Unincorporated Orange County | Listed species, 8 in. DBH or larger | Permit needed on vacant lots, home lots over 2 acres and commercial sites |
| Specimen tree | Unincorporated Orange County | Set species and sizes, such as live oak at 24 in. DBH | Permit, plus replacement at 3 times the removed inches during development |
| Heritage tree | Unincorporated Orange County | Mature live oaks and Southern magnolias | Strongest protection, with replacement at 5 times the removed inches |
| Specimen or Historic tree | City of Orlando | Designated by the Parks Official; Historic means a healthy tree 30 in. DBH or larger | City permit required, with extra review |
| Hazard tree on a single-family lot | Statewide | An ISA-certified arborist documents unacceptable risk | No local permit, fee, mitigation or replanting can be required |
Can an arborist’s risk assessment replace a permit?
Yes, on a single-family home lot, as long as the tree truly meets the state’s unacceptable-risk standard. Picture a cracked oak leaning toward a roof after a storm. State law lets written documentation from an arborist stand in for the local permit. That’s a big help when waiting weeks isn’t safe. It does have limits.
Pros
- No local permit, application fee or mitigation for a tree that qualifies
- No required replanting
- Faster action when a tree is a real danger, such as after storm damage that needs tree cleanup
- A written record of the tree’s condition if anyone asks questions later
Cons
- It only covers single-family detached homes. Commercial sites and vacant lots don’t qualify.
- The standard is strict. If pruning or other work could make the tree safe, it doesn’t qualify.
- It doesn’t cover a healthy tree you simply don’t want anymore.
- It limits what local governments can require. HOA rules and deed restrictions may still apply.
A proper assessment is a field inspection, not a quick look from the driveway. Our certified arborist consultations cover the tree’s defects, what could hit what if it fails, and whether anything short of removal would bring the risk down.
Why McCullough Tree Service is a fit for protected tree decisions
McCullough Tree Service is family-owned and operated, and has served the Greater Orlando area for over 30 years from its home base in Longwood.
We have 3 ISA-Certified Arborists on staff who can assess a tree’s risk and document its condition.
We are fully insured.
We offer free estimates, and financing options are available.
Our services include tree removal, crane-assisted removal for large or tightly placed trees, stump grinding and tree planting if you want to replace a tree you lost.
Not sure whether your tree is protected? Call (407) 734-5854 or book a free estimate and we’ll take a look.
Frequently Asked Questions
How do I measure my tree’s DBH?
Wrap a tape around the trunk 4.5 feet above the ground and divide that number by 3.14 to get the diameter. For trees with several trunks, Orange County adds together the diameters of the three largest trunks, measured 2 feet above the ground.
Does Orange County keep a registry of protected trees on private lots?
No. Orange County says it does not currently run a program to register or designate individual trees on private property. Whether a tree is protected depends on its species, its size, and where and how big the property is.
Are invasive trees protected in Orlando?
No. Orlando’s tree code leaves invasive exotic species out of its protected tree category, and the city may waive the permit fee to remove one.
Can a landscape architect provide the hazard documentation instead of an arborist?
Yes. Florida Statute 163.045 accepts documentation from either an ISA-certified arborist or a Florida licensed landscape architect, as long as the assessment follows the ISA tree risk assessment procedures the law names.
Recommended Reads
- McCullough Tree Service in Orlando & Central Florida
- Certified Arborist in Orlando & Central Florida
- Storm Damage Tree Cleanup in Orlando & Central Florida
Sources
- leg.state.fl.us
- flsenate.gov
- leg.state.fl.us
- orangecountyfl.net
- library.municode.com
- engageorange.ocfl.net
