Sec. 27-284.2.5. - Permit for grand tree removal; application; required documentation; standards and criteria for decision; inspections; petition for review.
(a) Applicant, in general. An application for grand tree removal shall be applied for by a person licensed, or otherwise authorized by the city, to remove and plant trees in the city. If no specific licensing requirements are established, then one (1) of the licensed professionals described in section 27-284.2.1(b) must be designated as the applicant on such an application made to the city.
(b) Application contents. Building permits shall not be issued without approved tree removal permits, where applicable. All applications for a tree removal permit shall include a tree survey, as defined in section 27-43. Arborist verification may be performed by the natural resources coordinator, or designee, or other arborist.
(c) Grand tree removal, in general. It shall be unlawful for any person to cut down, remove, relocate, damage, destroy, or in any manner abuse any grand tree in the city, until such work is authorized by a permit issued by the PDD. An application for grand tree removal shall be granted by the appropriate board or commission, as provided in subsection (f) below, or by the natural resources coordinator or designee, when it is determined that criteria in Table 284.2.5 below have been met:
Table 284.2.5 General Standards for Approval of Grand Tree Removal
In connection with the review and approval of applications for the removal of a grand tree, the following standards shall apply:
Type of Determination | Specific Review Criteria & Conditions
Existing tree condition based on arborist evaluation | Permitted for removal, if: Tree is deemed "Hazardous" based on determination of natural resources coordinator or designee, using the "Tree Condition Evaluation Form," set forth in the Technical Manual. [1, 3i, 4, 6, 7]
Causing structural damage to existing building | 1. Determination that a grand tree has grown and caused, or will likely grow within one (1) year, in such a manner that it will cause structural damage to the foundation, structural walls, or structural roof of an existing, permanent building. [2]
2. Application for a permit for demolition of the existing building, for which the grand tree was removed, within two (2) years from the tree removal permit approval date, shall create a rebuttable presumption that the tree removal permit was fraudulently obtained. An applicant for demolition may rebut the presumption by showing additional facts discovered after the tree removal permit was obtained that necessitated the demolition. If the applicant for demolition fails to show that the tree removal permit was not fraudulently obtained, then the tree removal permit shall be revoked and the applicant shall be required to apply for an after-the-fact tree removal permit for construction activity impacts based on the new, planned construction. If the after-the-fact tree removal permit is denied, enforcement proceedings will begin as provided in subdivision 7 as if no tree removal permit was granted.
Emergency hazardous tree removal | Refer to section 27-284.2.7 for procedure.
Tree Removal Zone (TRZ) for small lots [1, 3ii] | Only on TRZ eligible lots, a grand tree that has all or the majority of its trunk, determined at DBH, within the TRZ may be removed if the footprint of a proposed principal structure/building, or addition of heated floor area to an existing principal structure/building, conflicts (as shown on the construction plans of the related building permit) with a fifteen-foot radius of the grand tree's trunk, said radius to be measured outwards from the edge of the trunk at DBH.
Other construction activity impact(s) (board or commission approval required) [3iii] | 1. A grand tree may be rendered "hazardous," due to impacts of certain construction activity, if (combination of a. and c., or b. and c. is required for approval of permit for tree removal based on "construction activity impact(s)"):
a. Proposed building footprint of a building/structure or addition thereto, which adheres to the standard setback/yard and height requirements of the subject zoning district (without variance or exception), would impact the structural stability and condition of the tree (root system, trunk, canopy), to such a degree that the tree would be irreversibly or irreparably damaged [5]; or
b. Proposed, installation of an underground utility main line, which adheres to applicable local, state, and federal requirements for location and clearance, would impact the structural stability and condition of the tree (root system, trunk, canopy), to such a degree that the tree would be irreversibly or irreparably damaged; and
c. The applicant has demonstrated that there is no other reasonable reconfiguration [5] of the applicable, proposed development components.
Notes:
[1] Refer to section 27-43 for defined terms.
[2] Determination regarding tree condition made by natural resources coordinator; determination regarding structural damage of existing building made by building official.
[3] i. Refer to section 27-284.2.5(h) for application procedures.
ii. Refer to section 27-284.2.5(g) for application procedures.
iii. Refer to section 27-284.2.5(f) for application procedures.
[4] Trees rendered "hazardous" shall not be removed from the site, until construction activity has been granted a permit to and has commenced. Such trees shall be removed from the site prior to issuance of any certificate of occupancy or certificate of completion for the subject construction activity. Trees deemed "hazardous" and permitted for removal shall be removed from the site prior to issuance of any certificate of occupancy or certificate of completion for the subject construction activity.
[5] Reasonable reconfiguration includes:
i. When feasible, encroaching up to the critical root zone with root pruning and utilizing a suspended floor and structural foundation piers located as to minimize damage to the tree(s)' root system(s); and
ii. Altering the proposed placement, orientation, or height of any building or structure, or altering the structure size (area/volume/height) to prevent rendering a grand tree hazardous, provided that:
1. The structure location is not adjusted more than allowed by a design exception, as provided in section 27-60,
2. There is no change in the number of stories proposed and the height of the structure is increased by no more than allowed by a design exception to the height for the structure, and
3. The internal flow or function of the structure is not adversely altered by the reconfiguration.
iii. altering the proposed placement/height of any mainline utility, onsite or within existing right-of-way, to meet minimum tree protection zone(s), provided that such alteration does not impact utility function or safety;
iv. altering the proposed placement/size of any vehicular access to meet minimum tree protection zone(s), provided such alteration does not render the function, visibility, and/or safety of the access as noncompliant with applicable city technical standards. Provision of minimum tree protection zone(s) may be considered a factor in granting (an) alternative design exception(s) to setbacks/yards, height, and/or vehicle access standards (refer to sections 27-60 and 22-319).
[6] The natural resources coordinator or designee may recommend the pruning of a grand tree in lieu of removing the grand tree, if such pruning will adequately address the hazardous condition.
[7] Refer to section 27-284.2.5(h) for notice requirements.
(d) Tree mitigation (replacement/contribution), in general. Unless otherwise exempt in this division, removal of any grand tree from any public or private lands or right-of-way, is subject to the tree mitigation requirements set forth in sections 27-284.4 through 27-284.4.2. Each and every day that a person fails to mitigate as required will constitute a separate violation.
(e) Grand tree damage or destruction. If a grand tree is unlawfully damaged but not destroyed, then the property owner or the person responsible shall hire an arborist to take appropriate corrective action to restore the tree. If the grand tree cannot be restored or is unlawfully destroyed, and parts thereof remain, the destroyed tree shall be completely removed from the site and mitigated for according to sections 27-284.4 through 27-284.4.2.
(f) Quasi-judicial hearing; grand tree(s) removed due to construction activity impact. Grand trees may be removed after application and granting of a variance by the appropriate board and/or commission or by city council as provided by Code.
(1) Applications for variances for non-hazardous grand tree removal permit shall be filed with the zoning administrator. Applications shall be submitted on forms provided by zoning administrator, and shall include the following information:
a. A tree survey, as defined in section 27-43. Arborist verification may be performed by the natural resources coordinator, or designee, or other arborist;
b. A site plan, drawn to-scale, depicting the proposed building(s)/structure(s) (new construction and/or building additions), and including:
1. The applicable setbacks/yards for the building(s), structure(s), and/or addition(s);
2. The reductions in setbacks/yards for the building(s), structure(s), and/or addition(s) allowed by section 27-156 table 4-2 n.7, or allowed by an alternative design exception, as provided in section 27-60;
3. The height and number of stories for each proposed building/structure/addition;
4. The approximate location and height of any limbs over the buildable area measuring four (4) inches or greater in diameter, as measured twelve (12) inches from the base of the limb. Upon request, an arborist report completed by an ISA certified arborist may be required for all limbs over the buildable area measuring four (4) inches or greater in diameter, as measure twelve (12) inches from the base of the limb; and
5. Any easements, curb cuts, underground facilities, or other encumbrances that would prevent the shifting of the proposed building(s), structure(s), and/or addition(s) on the property.
6. Upon request, the corners of the proposed building(s)/ structure(s)/addition(s) may be staked at the site. If staking is requested but not completed prior to field inspection by the natural resources coordinator, or designee, an additional fifteen (15) days may be added to the review period set forth in section 27-284.2.5(f)(2) below.
(2) Within thirty (30) days after receipt of a complete application for a grand tree removal, the natural resources coordinator, or designee, will forward the grand tree evaluation(s) and a recommendation of whether the proposed building(s)/structure(s)/addition(s) can be reasonably reconfigured to save the grand tree(s) requested for removal to the applicable administrator for the appropriate board or commission for scheduling of the public hearing and processing as a variance. Incomplete applications shall be marked incomplete and will not be forwarded for scheduling of a public hearing until thirty (30) days after the application is determined to be complete.
For applications for grand tree removal for an accessory building/structure, the appropriate administrator shall prepare and include in the staff report an aerial map with zoning overlay depicting the existing development pattern in a radius of one thousand three hundred twenty (1,320) feet (one-fourth (¼) of a mile) of the subject property.
(3) Public notice. After the recommendation is forwarded to the appropriate administrator, the administrator shall notify the applicant of the public hearing date. The applicant shall then complete notice as provided for in section 27-149. Pursuant to section 27-149(c)(3), the applicant shall file the required affidavit of compliance with the natural resources administrator.
(4) Consideration by the board or commission. At the public hearing, the board or commission shall consider the following factors in deciding whether to grant or deny the tree removal application:
a. The impact of the proposed building/structure building area on the impacted tree(s), as shown by a survey or drawing of the parcel of property (to scale) accurately depicting the location, crown spread, and crown spread area, of the tree(s), including the minimum protective root zone around the tree(s);
b. Whether the proposed building(s)/structure(s) can be reasonably reconfigured, as defined in Table 284.2.5 to preserve the grand tree(s) requested for removal, including the recommendation by the natural resources coordinator, or designee;
c. Whether the reduction of required setbacks for the primary building(s)/structure(s) as provided in section 27-156 Table 4-2 note 7 will allow relocation of the building(s)/structure(s) sufficient to preserve the grand tree(s) requested for removal;
d. Whether alternative construction methods can be utilized to preserve the grand tree(s) requested for removal up to the critical root zone;
e. The cost of utilizing any alternative construction methods and the reduction in use and value of the proposed building(s)/structure(s) necessary to save the tree compared to the tree condition shown on the hazard evaluation form; and
f. For any removal applications for an accessory building(s)/structure(s) (new construction and/or building additions), the board or commission shall also consider the existing development pattern of similar accessory building(s)/structure(s) in a radius of one thousand three hundred twenty (1,320) feet (one-fourth (¼) of a mile) of the subject property. Only properties that are within the same zoning district and same use type(s) may be considered in making this determination.
(5) The applicant shall be notified of the decision as provided in section 27-81, and the decision may be appealed in accordance with section 27-61.
(g) Tree removal zone (natural resources coordinator). Grand trees may be removed after application to the natural resources coordinator.
(1) Applications for grand tree removal within the tree removal zone shall be filed, in association with a building permit, with the natural resources coordinator. Applications shall be submitted on forms provided by natural resources coordinator, and shall include the following information:
a. A tree survey, as defined in section 27-43. Arborist verification may be performed by the natural resources coordinator, or designee, or other arborist;
b. A site plan, drawn to-scale, depicting the proposed principal building(s)/structure(s) (new construction and/or building additions), and including:
1. The applicable principal structure setbacks;
2. The tree removal zone (TRZ);
3. The location of the existing protected, specimen, and/or grand trees located on or within twenty (20) feet of the boundary of the parcel, as shown on the tree survey;
4. A graphical depiction of any easements, curb cuts, underground facilities, or other encumbrances that would prevent the shifting of the proposed building(s)/structure(s) on the property.
(2) The natural resources coordinator, or designee, shall review the application and determine whether the proposed primary building(s)/structure(s) may be placed within the buildable area of the parcel, without any alteration or reconfiguration of the proposed primary building(s)/structure(s), in order to prevent the proposed primary building(s)/structure(s) from encroaching into a fifteen-foot radius of the tree trunk, measured from the outside of the trunk at DBH. The natural resources coordinator, or designee, shall grant a tree removal permit for all trees with the majority of the trunk within the tree removal zone when the proposed primary building(s)/structure(s) cannot be placed within the buildable area without encroaching into the fifteen-foot radius of the grand tree(s).
(h) Hazardous grand tree removal (natural resources coordinator). The applicant shall complete notice as provided for in section 27-149 with supplemental notice provided per section 27-149(c)(1) (mailed notice). Per section 27-149(c)(3), the applicant shall file the required affidavit of compliance with the natural resources coordinator. The natural resources coordinator, or designee, shall grant or deny the application within twenty (20) calendar days of the filing of the affidavit of compliance. The decision may be appealed in accordance with section 27-61.
(i) Reporting.
(1) Semi-annual impact report. Natural Resources shall present a report to Tampa City Council evaluating the impact of the TRZ process on Tampa's grand trees every six (6) months, with the first report due six (6) months after May 1, 2019. At a minimum, the report will include: the number of applications acted upon by the Variance Review Board (VRB) to remove grand trees by month for the twelve (12) months preceding and every month after May 1, 2019, including the number of grand trees granted and denied a permit to remove including size, species and location of each tree, and the grand trees removed including size, species, and location of each tree; and the number of applications acted upon by natural resources to remove grand trees by month through the TRZ process, including the number of trees granted and denied a permit for removal including size, species and location of each tree, and the number of grand trees removed including size, species, and location of each tree.
(2) Quarterly report. The natural resources coordinator, or designee, on a quarterly basis, shall mail or email a copy of the list of approved applications to remove non-hazardous grand trees under the TRZ process to all organizations requesting such information and post same on their website. At a minimum, the list will specify the size, species and location of the tree(s) and date of approval of the removal permit.
(3) Monthly report. The natural resources coordinator, or designee, on a monthly basis, shall submit a report summarizing date of removal and the size, location and species of non-hazardous grand trees removed pursuant to an administratively approved permit application under the TRZ process to remove a grand tree to city council and post the same on the natural resources public website.
(Ord. No. 2019-54, § 3(Exh. A), 4-18-2019; Ord. No. 2020-166, § 46, 12-17-2020; Ord. No. 2025-142, § 2, 12-4-2025)
