[SHIBUMI]

to take a large palm out and replace with smaller type tree????

thanks

[retiredguy123]

You probably do, if the tree has a diameter greater than 4 inches. However, there is a state exemption:

"State Exemptions: Under Florida law, you can bypass local municipality permitting if an International Society of Arboriculture certified arborist or landscape architect documents that the tree poses an unacceptable risk to persons or property."

[Bill14564]

Look up the CDD10 ARC rules on the Community Standards page. It *might* say that a palm is a grass, not a tree, and therefore does not require approval to remove.

On the other hand, you are making a change to the outside of the home so it wouldn’t hurt to check, and the process is relatively simple.

[OrangeBlossomBaby]

Palms are not trees. They're plants, somewhat distantly related to grasses, but not actual grasses. You don't need ARC approval to remove a palm tree. You might need ARC approval to replace it with a different type of plant or with a tree, the only way to know for sure is to ask them.

[Arctic Fox]

It takes so little effort to run things by ARC that it should be your default position.

Failing to do so, and falling foul, can be time-consuming and expensive to rectify.

[retiredguy123]

LOL. According to the District 10 ARC Manual:

"ARC approval is not required for tree removal. (see F.S. Ch.163.045)."

So, if a palm tree is not a tree, then maybe this rule doesn't apply? I think I would call and ask.

[CarlR33]

LOL, always easier to look it up or ask them rather than ask the experts on TOTV, your answer here will only be yes or no?

[Arctic Fox]

Originally Posted by CarlR33

LOL, always easier to look it up or ask them rather than ask the experts on TOTV, your answer here will only be yes or no?

...which is no bad thing if the question being asked (as in this thread) is a Yes or No question

[Arlington2]

Not in CDD 10, but I received 3 different answers from my ARC calls on replacing a tree. The first was yes I needed approval. Later when I was contracting a landscaper he said I did not, but I called anyway and was told if it was a different type of tree I needed approval. Landscaper (Tree Frog) said that was not true and gave me the name of an ARC supervisor who told me no I did not need approval to replace a tree. Message is, take ARC answers with a grain of salt.

[mbalsama]

I took out five palm trees and did some other landscaping. ARC told me I didn't need approval to remove the palms, just the landscaping.

[JCMSr]

Palm trees are considered a grass/weeds and do nor need approval for removal. Any additional plantings be they shrubs or trees must be submitted to the ARC for review and approval including a survey Plat showing where you propose to place them and dimensions from all property lines, easements, etc. The only exception would be if you are replacing a damaged/diseased tree or bush in the exact same location with exactly the same variety tree or bush. Having said that I am assuming the original plantings were approved and installed per an approved plan. If nor you are starting from scratch and should submit a complete plan to the ARC to cover your backside. Getting approval is easy. Dealing with a rule violation can be a pain.

[retiredguy123]

Originally Posted by JCMSr

Palm trees are considered a grass/weeds and do nor need approval for removal. Any additional plantings be they shrubs or trees must be submitted to the ARC for review and approval including a survey Plat showing where you propose to place them and dimensions from all property lines, easements, etc. The only exception would be if you are replacing a damaged/diseased tree or bush in the exact same location with exactly the same variety tree or bush. Having said that I am assuming the original plantings were approved and installed per an approved plan. If nor you are starting from scratch and should submit a complete plan to the ARC to cover your backside. Getting approval is easy. Dealing with a rule violation can be a pain.

I would take issue with your first sentence. See Post No. 6. The ARC manual for District 10 specifically states that ARC approval is not required to remove a tree. So, if a palm tree is not a tree, then this provision may not apply. But, you also said that removing grass does not require ARC approval. That is definitely not correct. Removing grass does require ARC approval, and it is very often denied, depending on how much grass you remove and what type of lot you have. That is why I suggested that the OP call and get a clarification from ARC about the palm tree.

[JCMSr]

Retiredguy123.....I apologize for any confusion in my previous post. Up until just a few years ago the ARC did require approval for placement and/or removal of trees within most Districts with particular attention toward those considered "shade trees". All trees over 4" diameter required approval for removal and typically called for a replacement to be provided. Changes within the Florida Statutes changed this rule a few years ago and as such the Architectural Review Manual was modified accordingly. I believe the current guidelines for District 10 state "ARC approval is not required for tree removal. See F.S. Ch. 163.045." Essentially this statute says that local governments cannot require notice, application, approval, permit, fee, or mitigation for pruning, trimming, or removing a tree if the property owner has proper documentation showing the tree poses an unacceptable risk to persons or property. The steps required to be taken by the property owner and types of proper documentation are also explained in detail within this document.

The OP specifically asked about needing ARC approval to remove a palm tree and replace it with a smaller type tree. You are correct that ARC does not require approval for tree removal, however, there may be other state or county rules and regulations pertaining to tree removal that must be followed to comply with F.S Ch. 163.045 for justifying tree removal. For whatever reason palm trees do not fall into this category.

Tree replacement is a whole other matter as I previously stated and must be submitted to the ARC for approval. I am not sure how you claim I stated grass removal does not require approval but since you brought it up. I agree with you 100% that such action should be submitted for approval. Sod replacement can be done without ARC approval provided the sod being used it Zoysia or St. Augustine. Replacing sod with other materials such as plant material, rock or decorative stone falls under a totally different category and could be different between each District. Furthermore, such rules will vary depending on the type of property. Homes, Courtyard Villas and Patio Villas have completely different rules and regulations.

Each District will have its own Architectural Review Manual which will provide homeowners with these guidelines. The information I have provided came directly from the District 10 Manual. Interestingly, in reviewing this manual I noted the following statement in bold print on the bottom of each and every page "ARCHITECTURAL APPROVAL IS REQUIRED FOR ALL EXTERIOR MODIFICATIONS UNLESS OTHERWISE NOTED". Community Standards can easily provide you with this information and answer your question quicker and more accurately that any of us on this forum. When in doubt always submit an application for your exterior modifications. This should not be one of those times that it is easier to ask forgiveness rather than approval.

[DAVES]

Originally Posted by SHIBUMI

to take a large palm out and replace with smaller type tree????

thanks

Have no idea why people ask such questions here. But, pseudo name on talk of the villages said. That will not get you out of a problem if there is one. No experience with it BUT, people have been forced to repaint their homes because of a wrong color. Do not say THIS pseudo name said. HUH? A palm is not a tree.
I think you are allowed to remove it. A smaller tree? Beware smaller trees get bigger. You may be intruding on neighbors

[DAVES]

Originally Posted by Arlington2

Not in CDD 10, but I received 3 different answers from my ARC calls on replacing a tree. The first was yes I needed approval. Later when I was contracting a landscaper he said I did not, but I called anyway and was told if it was a different type of tree I needed approval. Landscaper (Tree Frog) said that was not true and gave me the name of an ARC supervisor who told me no I did not need approval to replace a tree. Message is, take ARC answers with a grain of salt.

Truly simple. Get it is writing. But Louie of ARC said. He no longer works here.