The city council finds and determines that it is necessary to restrict vegetation removal and alteration activities for the purpose of protecting, promoting and maintaining a healthy, diverse and mature canopy of native and naturalized deciduous and evergreen tree species, such as those identified within this article, by regulating removal of trees, requiring replacement with recommended species, encouraging the removal of undesirable species, requiring care of trees, and providing for the judicious management of the city's coastal management mangrove communities by controlling alteration of mangrove species. It is also the intent of this article to encourage the proper trimming and pruning of trees in accordance with the recommended standards for the proper trimming and pruning of trees, such as American National Standards Institute (ANSI) A-300 Tree, Shrub and Other Woody Plant Maintenance - Standard Practices. The city's community development department and police division are hereby charged with the responsibility for the proper enforcement and implementation of this article. The city's public works department and leisure works department are hereby charged with the responsibility for the city's tree management program and for the care of trees on public property.

(Ord. No. 94-2, § 1, 3-1-94; Ord. No. 98-9, § 1, 5-5-98; Ord. No. 2004-03, § 11, 4-6-04)

The terms and provisions of this article shall apply to all real property located in the corporate limits of the city.

(Ord. No. 94-2, § 1, 3-1-94)

For the purposes of this article, the following terms shall have the following meanings:

Canopy. The leafy portion of a tree.

Diameter breast height (DBH). The diameter, in inches, of a tree measured at four and one-half (4.5) feet above the existing grade.

Drip line. An imaginary, perpendicular line that extends downward from the outermost tips of a tree's branches to the ground.

Historic tree. A tree which has been found by the city, Pinellas County or the State of Florida to be of historic significance, because of its age, type, size or historic association, and which has been so designated by resolution.

Person. Any individual, partnership, corporation, association or other legal entity, including the plural thereof.

Protective barrier. A structure constructed of wood which limits access to a tree. The structure shall consist of four (4) or more corner uprights of no less than two-inch by two-inch lumber and horizontal members of no less than one-inch by two-inch lumber. The structure shall be a minimum of three (3) feet in height, and no more than four (4) feet in height. For all trees other than pine trees, the structure shall extend out six (6) feet from the trunk of the tree or to the equivalent of two-thirds (⅔) of the drip line, whichever is greater. For pine trees, the structure shall extend out six (6) feet from the trunk of the tree or to the drip line, whichever is greater.

Remove, removal. The act of digging up any tree, or cutting or pruning any tree in such a manner as to reduce the tree to a stump.

Species of trees. Trees possessing common distinctive characteristics and the ability to reproduce those characteristics.

Specimen tree. A tree which has been designated by the city, Pinellas County or the State of Florida to be of such a type, species or kind as to be retained in its natural state.

Transplant. The act of digging up a tree from one location and planting the same tree in another location.

Tree. The term "tree" applies to all woody plants having one (1) or more well-defined perennial stems (trunks), a definitely formed crown foliage, and obtaining at maturity a total height of at least fifteen (15) feet. The term "tree" shall also include the following varieties of mangroves wherever they shall occur within the incorporated limits of Gulfport: red mangrove (Rhizaphora mangle), white mangrove (Laguncularea racemosa), black mangrove (Avicennia germinans), and buttonwood or button mangrove (Conocarpus erecta).

Tree bank account. Funds collected by the city pursuant to the requirements of this article.

(Ord. No. 94-2, § 1, 3-1-94; Ord. No. 98-9, § 2, 5-5-98)

The provisions of sections 22-20.05 through 22-20.09 of this article, pertaining to permits, care of trees and tree replacement regulations, shall not apply to any palm tree.

(Ord. No. 94-2, § 1, 3-1-94; Ord. No. 98-9, § 3, 5-5-98)

(a)

It shall be unlawful for any person, without obtaining a permit as provided herein, to remove any tree with one (1) or more stems or trunks six (6) inches or more DBH, or to remove, alter or trim any mangrove.

(b)

All species of trees commonly known as "mangroves", including without limitation the following species, of whatever size or species, are recognized to be of special ecological value and are subject to the provisions of this subsection:

(1)

Rhizophora mangle—Red mangrove;

(2)

Avicennia germinans—Black mangrove;

(3)

Laguncularia racemose—White mangrove; and

(4)

Conocarpus erecta—Buttonwood, button mangrove;

No mangrove shall be removed, trimmed or altered without a tree removal permit from the city, and any permit required by any other governmental agency having jurisdiction over the same. Mangroves shall be exempt from the tree survey requirements provided herein, except that they shall be designated by name and clump location. The replacement requirements for legally removed mangroves may be waived where suitable habitat for mangroves no longer exists. In such cases, replacement requirements shall be based on comparable canopy substitutes utilizing other tree species.

(c)

No fee shall be charged for the issuance of a permit pursuant to this section.

(Ord. No. 94-2, § 1, 3-1-94; Ord. No. 98-9, § 4, 5-5-98)

Any person desiring to obtain a permit to remove a tree shall file an appropriate application with the community development department of the city. The application shall provide the following information:

(a)

For tree removal on properties having a residential land use and zoning classification, and upon which a residential dwelling has been in existence for at least six (6) months, the application shall provide a sketch of the land involved, including the location of trees for removal.

(b)

For tree removal on all properties not provided for in subsection (a) hereinabove, the permit application shall be filed and reviewed with the application for a building permit. The tree removal permit application shall contain a site plan which shall include the following:

(1)

The location of all trees six (6) inches or more DBH with designation as to proposed removal, replanting or retention of each tree;

(2)

The location of all planned roadways, drives or other paved areas, all structures, all utility easements and lines or mains, above or below ground; and

(3)

Any planned grade changes that might endanger survival of any existing tree or trees to be replanted under the proposed development.

(Ord. No. 94-2, § 1, 3-1-94; Ord. No. 98-9, § 5, 5-5-98; Ord. No. 2004-03, § 12, 4-6-04)

A tree removal permit may be granted if the following criteria is met:

(a)

The subject tree is dead, in danger of falling, being crowded out by another tree, endangering existing structures or utility works, causing unsafe vision clearance on adjacent streets or alleys, or is an undesirable tree species as identified in subsection (c) herein below;

(b)

The subject tree meets all of the following criteria:

(1)

The tree is located in an area where a structure or improvement may be placed in accordance with other development provisions of the Code of Ordinances.

(2)

No reasonable accommodation can be made in the proposed development of the site which would allow the tree to remain, or no reasonable economic use can be made of the subject property without removal of the tree;

(3)

The tree cannot be relocated on or off the property due to its age, type or size; and

(4)

The tree is not a specimen tree or designated as an historic tree; or

(c)

The subject tree is one of the following species of trees hereby deemed undesirable:

(1)

Australian Pine - (Casuarina spp.);

(2)

Brazilian Pepper - (Schinus terebinthifolius);

(3)

Carrotwood - (Cupaniopsis anacardioides)

(4)

Catclaw Mimosa - (Mimosa pigra);

(5)

Chinaberry - (Melia azedarach);

(6)

Chinese tallow, Popcorn tree - (sapium sebiferum);

(7)

Ear tree, Earpod tree - (Enterolobium contortisiliquum);

(8)

Eucalyptus - (Eucalyptus spp);

(9)

Ficus - (Ficus spp.) except Banyan (South American);

(10)

Java plum - (syzygium cumini);

(11)

Monkeypuzzle - (Araucaria araucana);

(12)

Punk tree - (Melaleuca quinquenervia);

(13)

Silk Oak - (Grevillea robusta);

(14)

Woman's tongue - (Albizia lebbeck);

If the community development department determines that an application should be denied, it shall notify the applicant in writing of the specific basis for such denial.

(Ord. No. 94-2, § 1, 3-1-94; Ord. No. 98-9, § 6, 5-5-98; Ord. No. 2004-03, § 13, 4-6-04; Ord. No. 2007-04, § 1, 5-15-07)

As a condition of the granting of any tree removal permit for any tree located on private property, the applicant shall be required to replace any tree removed with a tree of a species listed in section 22-20.16. Said replacement tree shall be a minimum of two (2) inches DBH and eight (8) feet high at time of planting. If an applicant removes more than six (6) trees as part of any development, all required replacement trees in excess of six (6) shall be a minimum of two (2) inches DBH and eight (8) feet high at time of planting. If any removed tree meets the criteria for removal set forth in subsection 22-20.07(a), no replacement tree shall be required for said tree. Approved permits shall allow an applicant to delay replacement of any tree for up to six (6) months to take seasonal planting conditions into consideration. All permit applications for any parcel of property submitted within one (1) year of each other shall be treated as a single application for the purpose of determining the required replacement trees. If the applicant can demonstrate that the planting of replacement trees on a property would be impractical due to the existence of other trees of a type protected by this article within thirty (30) feet of all available land for the planting of trees on said property, the number of replacement trees may be reduced, and the applicant shall be required to pay to the city's tree bank account the sum of one hundred and twenty-five dollars ($125.00) for each inch of DBH of those replacement trees which are not required to be planted as a result.

(Ord. No. 94-2, § 1, 3-1-94; Ord. No. 98-9, § 7, 5-5-98; Ord. No. 2003-05, § 1, 2-4-03; Ord. No. 2023-12, § 1, 11-21-23)

(a)

It shall be unlawful and a violation of this article for any person, during the development of any property, or during the construction of any structures or other improvement thereon, to place solvents, material, machinery or temporary soil deposits within six (6) feet of the trunk of any tree six (6) inches or more DBH. During construction or development, the owner of such property, or the owner's agent, shall be required to place protective barriers around all trees six (6) inches or more DBH designated for retention. During construction or development no attachments or wire (other than protective guy wires) shall be attached to any trees designated for retention. If any inspection within three (3) years after completion of the construction, improvement or development reveals any tree to be dead or dying as a result of the construction, improvement or development, such tree shall be replaced by the owner of the property with a tree listed in section 22-20.16. Said replacement tree shall be a minimum of two (2) inches DBH and eight (8) feet high at time of planting. If larger sized trees were required as replacement trees, same sized trees shall be replaced as originally required. If any tree planted as a replacement tree pursuant to this section or section 22-20.08, is found to be dead or dying within three (3) years from inspection of the planting of said tree by the city community development department, said tree shall be replaced by the owner of the property with a tree listed in section 22-20.16, which is at least two (2) inches DBH and eight (8) feet high at time of planting. If larger sized trees were required as replacement trees, same sized trees shall be replaced as originally required.

(b)

The owner of any property, and any person having care, custody or control thereof, shall prune and maintain all trees located on said property to the extent necessary to keep said tree from interfering with the use of any public right-of-way, or obstructing any visibility triangle, street light or traffic control device.

(c)

Any dead or diseased tree which is found by the city to be a hazard to life or property shall constitute a nuisance, subject to enforcement and abatement by the city in accordance with chapter 12 of this Code of Ordinances.

(d)

No person shall prune, trim or cut any tree, six (6) inches or more DBH or planted as a replacement tree pursuant to this article, and no property owner, or other person having care, custody or control of any property, shall allow any such tree located on said property to be pruned, trimmed or cut, in such a manner as to remove in excess of fifty (50) percent of the canopy of said tree in any one-year period, or which results in the removal of the entire canopy of a tree over any time period.

(e)

No person shall intentionally cause the death of any tree, six (6) inches or more DBH or planted as a replacement tree pursuant to this article, through any means whatsoever.

(Ord. No. 94-2, § 1, 3-1-94; Ord. No. 98-9, § 8, 5-5-98; Ord. No. 2003-05, § 2, 2-4-03; Ord. No. 2004-03, § 14, 4-6-04)

(a)

It shall be unlawful for any person to plant or remove any tree in or on any public right-of-way, any portion of any public street or parkway, or any other public property or place, without first having secured a permit therefor from the city. Applications for such a permit shall be made to the city community development department, and any trees planted pursuant to such a permit shall be planted in accordance in accordance therewith. Any tree planted pursuant to such permit, or located within any public city right-of-way or other city property, may be removed by the city at any time, without cause, a permit or notice to any person, including without limitation, the person planting said tree or the owner of any property adjacent to said tree.

(b)

It shall be unlawful for any person to injure or destroy any tree in or on any public right-of-way, or any portion of any public street or parkway, or any other public property or place.

(c)

Any utility service provider carrying out a tree trimming and maintenance program on public rights-of-way or utility easements of any kind that involves an area of one (1) linear city block or greater in any thirty (30) day period shall obtain a permit from the city. The permit application shall provide the proposed area of trimming and an approximate time schedule for the same. The utility service provider shall be allowed to trim, cut, and keep clear all trees and limbs along said utility lines that may endanger the proper operation of the utility system. The permit may be denied in part to the extent that the tree trimming or cutting is excessive and unnecessary. In any event, the city shall act upon any completed permit application within thirty (30) days of submittal by the utility service provider. There shall be no fee for the permit required under this subsection. This subsection shall not apply in case of emergencies such as hurricanes, windstorms, floods, freezes or other disasters.

(Ord. No. 94-2, § 1, 3-1-94; Ord. No. 98-9, § 9, 5-5-98; Ord. No. 2003-05, § 3, 2-4-03; Ord. No. 2004-03, § 15, 4-6-04)

(a)

No person shall plant or cause to be planted anywhere within the corporate limits of the city, any tree listed in subsection 22-20.07 (c) of this article. Whenever the city manager or their designee, determines that any one (1) of the above prohibited trees has been planted within the city, he shall cause to be served upon the owner or occupant of the real property upon which the trees are planted in violation of this section a written notice requiring such owner or occupant to remove such tree or trees within fifteen (15) days after the service of such notice.

(b)

If after the service of the notice provided herein, the owner or occupant fails to comply with the directions contained therein within the time specified, the city manager, or his/her designee, may lawfully have the tree or trees removed and may place a lien against the property from which said tree was removed for the cost of the removal thereof and an administrative fee of one hundred dollars ($100.00).

(Ord. No. 94-2, § 1, 3-1-94; Ord. No. 2007-04, § 2, 5-15-07)

The board of adjustment, upon appropriate application, may waive specific provisions hereof, subject to the standards specified in Article XI of this chapter.

(Ord. No. 94-2, § 1, 3-1-94; Ord. No. 98-9, § 10, 5-5-98)

(a)

The city shall withhold the issuance of any required certificate of occupancy, permit or inspection on any property until the provisions of this article, including all conditions of any permits issued under this article, have been complied with.

(b)

If any tree, not meeting the removal criteria provided in section 22-20.07 of this article, has been removed in violation of the provisions of this article, said tree shall be replaced on a DBH inch-for-inch basis. The term "inch-for-inch" shall mean that for each DBH inch of tree improperly removed or destroyed, replacement trees having the minimum replacement tree size described in this article shall be required and the total DBH in inches of all replacement trees shall equal or exceed the combined DBH inches of all trees improperly removed. If the applicant can demonstrate that the planting of replacement trees on a property would be impractical due to the existence of other trees of a species protected by this article within thirty (30) feet of all available land for the planting of trees on said property, the number of replacement trees may be reduced, and the applicant shall be required to pay to the city's tree bank account the sum of one hundred and twenty five dollars ($125.00) for each inch of DBH of those replacement trees which are not required to be planted as a result. Additionally, for each tree improperly removed a fine of one hundred dollars ($100.00) shall be deposited into the tree bank account. The board of adjustment may grant variances from this subsection, subject to the standards specified in article XI of this chapter, and take into consideration whether the applicant meets the very low- and low-income standards as published by the county community development department.

(c)

If any tree has been removed in violation of this article, and the property owner of the property from which said tree was removed can demonstrate that said tree was at the time of removal eligible for removal under section 22-20.07 of this article, a fine of one hundred dollars ($100.00) per tree removed shall be deposited into the tree bank account.

(d)

If a permit was not obtained as required pursuant to this article, the required permit may be issued after the tree work has been commenced by the property owner, and the fee for the same shall be one hundred dollars ($100.00). Nothing contained herein shall be construed to authorize the commencement of any tree work under this article without required permit for same.

(e)

In addition to the remedies provided in this section, this article may be enforced as otherwise provided in this Code of Ordinances for the enforcement of any code violation.

(Ord. No. 94-2, § 1, 3-1-94; Ord. No. 98-9, § 11, 5-5-98; Ord. No. 2003-05, § 4, 2-4-03; Ord. No. 2023-12, § 2, 11-21-23)

There is hereby created a tree bank account. The purpose of the tree bank account is to collect funds from permit fees, fees for replacement trees in accordance with this article, and fines obtained through the implementation and enforcement of this article, and to utilize collected funds for the purchase and maintenance of trees, and for professional and consulting services related to trees. The tree bank account shall be a separate account within the city. Collected funds shall not be utilized for planting trees on private property. The collected funds of the tree bank account may be utilized for public activities consistent with this article.

(Ord. No. 98-9, § 12, 5-5-98; Ord. No. 2003-05, § 5, 2-4-03)

In case of emergency, such as hurricane, windstorm, flood, freeze or other disaster, the requirements of this article may be waived by the city manager, or his or her designee, upon finding that such waiver is necessary so that public or private work to restore order in the city will not be impeded.

(Ord. No. 98-9, § 13, 5-5-98)

The following tree species are recognized as approved trees, pursuant to this article:

Approved Native Species Common name (scientific name)

Shade/Canopy Trees

Bald Cypress (Taxodium distichum)

Buttonwood, Green (Conocarpus erectus)

Buttonwood, Silver (Conocarpus erectus var. sericeus)

Dahoon Holly (llex cassine)

Live Oak (Quercus virginiana)

Gumbo Limbo (Busera si maruba)

Red Maple (Acer rubrum)

Sand Pine (Pinus clausa)

South Florida Slash Pine (Pinus elliottiivar. densa)

Southern Red Cedar (Juni perus silicicola)

Southern Magnolia (Magnolia grandiflora spp.)

Sweetbay Magnolia (Magnolia virginica)

Sweet Gum (Liguidambar styraciflua)

Sycamore (Platanus occidenta lis)

Winged Elm (Ulmus alata)

Approved Non-native Species Common name (scientific name)

Shade/Canopy Trees

Jacaranda (Jacaranda mimosifolia)

Purple Trumpet Tree (Handroanthus impetiginosus)

Approved Native Tree Species Approved Non-native Species Common name (scientific name)

Understory/Small Trees

Chickasaw Plum (Prunus angustifolia)

Dwarf Southern Magnolia (Magnolia grandiflora 'Little Gem')

Pond Cypress (Taxodium ascen dens)

Sweet Acacia (Vachellia fa rnesia)

Upright Yaupon Holly (llex vomitoria)

Wax Myrtle (Myrica cerifera)

Weeping Yaupon Holly (llex vomi toria 'Pendula')

Approved Non-native Species Common name (scientific name)

Understory/Small Tree

European Olive (Olea europaea spp.)

Golden Trumpet (Handroanthus chrysotrichus)

White Geiger (Cordia boissieri)

(Ord. No. 98-9, § 14, 5-5-98; Ord. No. 2023-12, § 3, 11-21-23)