Do I need a permit to remove a tree in my backyard in unincorporated Orange County?

In most cases, yes. Orange County requires a tree removal permit for trees on private property unless your property qualifies for a specific exception under Section 15-279(a) of the county code. The permit application goes to the Zoning Division, and the base fee starts at $247.98 plus an inspection fee. Contact the Zoning Division at (407) 836-5807 or Arborist@ocfl.net to confirm whether your specific situation qualifies for an exemption.

I live on a typical residential lot in Seminole County. Do I need an Arbor Permit?

Probably not, if your lot is 3 acres or less and already has a house on it. Seminole County exempts developed single-family residential lots of 3 acres or less from the Arbor Permit requirement. However, this exemption does not cover trees located in wetland areas. Also confirm whether your address falls inside a city boundary — cities like Sanford, Longwood, and Oviedo have their own tree ordinances that may apply instead of the county's.

What is Florida Statute 163.045 and how does it help me?

Florida Statute 163.045 is a state law that prohibits local governments from requiring any permit, fee, notice, or replanting when a residential homeowner removes a tree that an ISA-Certified Arborist (or Florida-licensed landscape architect) has documented in writing as presenting an unacceptable risk to persons or property. If you have that written risk assessment in hand before the tree is removed, Orange County and Seminole County cannot require a permit — even for heritage or specimen trees. The exemption applies only to single-family residential property.

What are the penalties for removing a protected tree without a permit?

Penalties can be steep. They typically include fines from the county or city, mandatory mitigation plantings (in some cases multiple replacement trees for every one removed), stop-work orders on any active construction on the property, and code liens if fines go unpaid. In Orange County, the cost to remove a Heritage Live Oak tree starts at $21,200 in permit fees alone — which illustrates why skipping the permit process is a significant financial gamble.

My HOA says I need their approval to remove a tree. Do I still need a county permit too?

Potentially both. A county or city tree removal permit and HOA approval are separate requirements. Getting one does not satisfy the other. You need to comply with whichever rules apply to your property — local ordinances, state law, and any private deed covenants or HOA restrictions — before any work begins. Always obtain HOA approval in writing before scheduling removal.

Does the permit requirement apply to dead trees or invasive species?

Both Orange County and Seminole County include some exemptions for dead trees and listed invasive or exotic species. However, you should not assume a dead or invasive tree is automatically exempt — the species, its DBH, your property's jurisdiction, and whether it's in a wetland can all affect the answer. Have an ISA-Certified Arborist confirm the tree's status and your jurisdiction's current exemptions before proceeding.

Do You Need a Permit to Remove a Tree in Orange or Seminole County?

By: Shelby McCullough| Published: September 18, 2026

TL;DR: In most of unincorporated Orange County, a permit is required before removing any tree on private property. Seminole County exempts developed single-family lots of 3 acres or less that already have a house on them. Florida Statute 163.045 gives residential homeowners a permit-free path for any tree a certified ISA arborist documents as an unacceptable risk — but you must have that written assessment in hand before the tree comes down.

You want to take down a tree. Maybe it’s leaning toward the house, maybe it died in the last storm, or maybe you’re just clearing space for a pool. Before you call anyone with a chainsaw, there’s a question you need to answer first: do you need a permit?

The answer depends on your county, your city, your lot size, and the species of tree involved. This guide covers the rules for unincorporated Orange County and unincorporated Seminole County — the two counties McCullough Tree Service serves most — plus the Florida state law that can bypass local permit requirements entirely.

Important: If your address falls inside a city boundary — Orlando, Winter Park, Sanford, Oviedo, Longwood, and so on — stop and check that city’s tree ordinance first. City rules often differ from county rules, sometimes significantly.

Orange County: What the 2024 Ordinance Says

According to Orange County, a permit is required to remove a tree or multiple trees from private property, unless the property qualifies for a specific exception under Section 15-279(a) of the county code.

That’s a broad rule. The default answer in unincorporated Orange County is: yes, you need a permit.

When Did the Rules Change?

Amendments to Orange County Code Chapter 15 (Tree Protection and Removal) and Chapter 24 (Landscaping, Buffering, and Open Space) were adopted by the Board of County Commissioners on September 12, 2023, through Ordinance 2023-35. Those changes became effective on March 15, 2024.

The updated ordinance provides stronger protection for the county’s tree canopy, especially during development, and introduced higher mitigation fees for specimen and heritage trees.

Heritage and Specimen Trees: Higher Stakes

Orange County draws a hard line around its most significant trees.

If a Specimen tree is removed, replacement trees must together equal three times the diameter (in inches) of the removed tree.
Heritage trees carry an even steeper obligation — replacement trees must add up to five times the size of the original.
For context, the permit cost to remove a Heritage Live Oak tree starts at $21,200 — a number that makes preservation look attractive fast.

How to Apply for a Permit in Orange County

Complete the Tree Removal Permit application. Submit in person or by email to Arborist@ocfl.net with “Tree Removal Permit” in the subject line.
Attach a site map identifying the trees slated for removal.
Include a tree survey prepared by a professional surveyor (completed within the past two years), plus a removal-and-replacement calculation showing species, size, caliper, and location of any replacement trees.
Pay the non-refundable fee. The base Zoning Arborist fee is $247.98, plus a $131 base inspection fee (higher for larger parcels).
Applications are reviewed within 7 business days of receipt. The Zoning Division Arborists check compliance; other divisions such as Environmental Protection may also weigh in.

Contact the Zoning Division at (407) 836-5807 or Arborist@ocfl.net with questions.

Trees in Wetlands

If the tree sits within a wetland, approval from the Orange County Environmental Protection Division must be obtained before any removal activity takes place — even if a tree removal permit is otherwise not required.

Seminole County: The Key Exemption for Homeowners

Seminole County’s Arbor Permit page lists an important exemption that many homeowners qualify for:

Developed single-family lots of 3 acres or less that already have a house on them are exempt from the county’s Arbor Permit requirement — with one critical carve-out: wetland areas on that lot are not exempt, and no wetland impacts are allowed without additional permitting.

Other exemptions include bona-fide agricultural properties removing trees for agricultural purposes, and exotic or invasive pest plant species.

When a Permit Is Required in Seminole County

The county’s Arbor Permit requirement applies to unincorporated Seminole County only. For properties that do not meet the residential exemption, the county regulates any tree with a trunk diameter greater than 6 inches, measured 4.5 feet above grade (the standard forestry DBH measurement). Trees at or below that diameter are generally unregulated; trees above it require a permit unless a specific exemption applies.

Commercial property is a different story. Commercial tree removals in both counties almost always require a permit, regardless of tree size.

Remember: Cities Have Their Own Rules

Seminole County contains a number of incorporated cities — Sanford, Longwood, Casselberry, Oviedo, Winter Springs, and others — and each writes its own tree ordinance. A tree freely removable under county rules may be protected under a city’s code, or vice versa. Always verify jurisdiction before proceeding.

The Florida State Law That Can Bypass Local Permits

This is the rule that catches most Central Florida homeowners by surprise.

Florida Statute § 163.045 prohibits local governments from requiring any notice, application, approval, permit, fee, mitigation, or replanting for the pruning, trimming, or removal of a tree on residential property — provided the property owner first obtains documentation from an ISA-certified arborist or a Florida-licensed landscape architect that the tree presents a danger to persons or property.

In plain terms: if an ISA-Certified Arborist puts in writing that your tree poses an unacceptable risk, local permit requirements do not apply — even for heritage or specimen trees that would otherwise carry significant fees.

What ‘Unacceptable Risk’ Actually Means

Under the statute, a tree poses an unacceptable risk if removal is the only practical way to reduce the risk level below moderate, as determined by the ISA’s Best Management Practices — Tree Risk Assessment, Second Edition (2017). Common indicators include structural defects such as co-dominant stems, significant decay, root damage, and disease. It’s a formal, documented assessment — not simply a homeowner’s opinion that a tree looks worrying.

Important Limits of the Statute

It applies only to residential property — defined as a single-family detached lot used for residential purposes.
Commercial properties, vacant land, and rental apartment complexes remain subject to local tree ordinances.
It does not apply to mangrove protection.
You must have the documentation in hand before the tree is removed. Obtaining an arborist report after the fact does not protect you from a code violation.

What Happens If You Remove a Tree Without a Permit?

Skipping the permit process is a serious financial risk. Removing a protected tree without proper authorization can result in:

Significant fines from the county or city
Required mitigation plantings at your expense — potentially multiple replacement trees for every removed one
Stop-work orders if the removal is connected to any construction or development
Code liens placed against your property if fines go unpaid

Fines and replacement costs can easily exceed the original cost of proper permitting and professional removal. The safest approach is always to verify before any work begins.

Practical Checklist Before Any Tree Comes Down

Confirm your jurisdiction. Are you in unincorporated Orange County, unincorporated Seminole County, or inside a city boundary? The answer determines which rules apply.
Identify the tree. Is it a live oak, bald cypress, magnolia, or another protected native species? What is its DBH? Measure at 4.5 feet above ground on the uphill side.
Check for exemptions. In Seminole County, does your lot qualify for the residential exemption (developed single-family, 3 acres or less, with a house)? In Orange County, check Section 15-279(a) for applicable exceptions.
Consider the FS 163.045 pathway. If the tree is genuinely hazardous, an ISA-Certified Arborist’s written risk assessment may eliminate the permit requirement entirely — and it may also protect you with your homeowner’s insurance.
Apply early. Orange County reviews applications within 7 business days of a complete submission. Factor that timeline into any project schedule.
Check HOA rules separately. A county or city permit does not override private deed covenants or HOA restrictions. You may need HOA approval before work starts regardless of what the county allows.

If a storm has already brought a tree down or created an imminent hazard, the situation may qualify for expedited or emergency handling. See our guide on what to do after storm damage to your trees in Orlando for next steps specific to post-storm situations.

How McCullough Tree Service Can Help

Navigating permit requirements is a routine part of every job we do across Orange and Seminole counties. McCullough Tree Service has three ISA-Certified Arborists on staff — the same credential that Florida Statute 163.045 recognizes for hazardous-tree documentation. Whether you need a formal arborist consultation to evaluate risk, a written assessment for the FS 163.045 exemption, or a professional crew for the removal itself, we handle the whole process.

We serve homeowners, HOAs, commercial property owners, and real estate developers throughout Orange County, Seminole County, and surrounding communities in Lake and Volusia counties. All work is fully insured, and we offer free estimates.

Wondering what removal costs look like once permits and scope are sorted out? Our 2025 Orlando tree removal price guide breaks down typical costs by tree size, species, and job complexity.

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About The Author: Shelby McCullough

With over two decades of experience in the tree industry, Shelby McCullough is a highly skilled certified arborist and the proprietor of McCullough Tree Service. His unparalleled expertise and profound understanding of trees set him apart in his field.

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