Ordinance 2025-4689 ORDINANCE NO. 2025-4689
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,AMENDING CHAPTER 46 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE II, ENTITLED "CARE AND MAINTENANCE OF
TREES AND PLANTS," BY AMENDING DIVISION 2, "TREE
PRESERVATION AND PROTECTION"; BY AMENDING SECTION 46-58,
ENTITLED "TREE REMOVAL REQUIREMENTS, EXEMPTIONS AND
PROHIBITED SPECIES," TO PROVIDE THAT AN EXISTING PALM TREE
MAY BE REPLACED WITH A NEW PALM TREE AT THE SAME LOCATION
WITH NO ADDITIONAL MITIGATION REQUIREMENT; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, under Chapter 46 of the City Code, the removal of a tree or palm on public
or private property requires a tree removal permit; and
WHEREAS, currently, the replacement of an existing palm tree with a new palm tree at
the same location may trigger an additional mitigation requirement under Chapter 46 of the City
Code; and
WHEREAS, the Mayor and City Commission now desire to amend Chapter 46, to
provide that an existing palm tree may be replaced with a new palm tree at the same location
with no additional mitigation requirement.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 46, entitled"Environment,"of the Code of the City of Miami Beach,
Florida, is hereby amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE II. CARE AND MAINTENANCE OF TREES AND PLANTS
DIVISION 2.TREE PRESERVATION AND PROTECTION
Sec.46-58. Tree removal requirements, exemptions, and prohibited species.
It shall be unlawful for any person, unless otherwise permitted by the provisions of this
division, to perform any tree or palm removal work, or effectively destroy any non-specimen
tree, specimen tree, heritage tree, or prohibited species located within the boundaries of the
city, on either public or private property, without first obtaining a tree work permit. Trees
identified in landscape neighborhood overlays authorized pursuant to chapter 126 of the city
Code, including trees defined as palms, shall be permitted and encouraged to remain. Palm
trees, including,without limitation, palm trees identified in landscape neighborhood overlays,may
be replaced with the same species tree at the same location with no additional mitigation
requirement which may otherwise be required under section 46-61 of the city code.
Notwithstanding the foregoing sentence. any permit for the removal of a tree or _palm shall be
consistent with the minimum standards in Chapter 24. Article IV, Division 2 or any other
applicable provision of the Miami-Dade County Code, as may be amended.
(1) Exemptions. The following shall be exempt from the provisions of this division, and
do not require a tree work permit:
(a) Removal of non-specimen prohibited tree species.
(b) Removal of dead trees or trees destroyed by an act of God. This exemption does
not apply to any trees or palms that have died as a result of violations of those
provisions set forth herein.
(c) Any tree that, as the result of damage, disease or other cause, poses imminent
danger to health, safety or property, and therefore requires immediate removal,
may be removed without obtaining a tree work permit: provided that the owner
of the property can establish that such hazardous condition(s) existed prior to
the removal with documentation from an arborist certified by the International
Society of Arboriculture, a Florida licensed landscape architect, or an ASCA
Registered Consulting Arborist.
(d) Removal of trees within the yard area of an existing single-family residence in a
single-family zoning district; provided the trees are non-specimen trees with a
DBH of less than three inches.
(e) Removal of trees within licensed plant nurseries and botanical gardens;
provided such trees were planted and are growing for the display, breeding,
propagation, sale or intended sale to the general public in the ordinary course
of business.
(f) Removing, trimming, cutting or altering of any mangrove tree or removal of any
tree located upon land which is wetlands as defined in section 24-5 of the Code
of Miami-Dade County, Florida, and are subject to the permitting requirements
of article IV of chapter 24 of the Code of Miami-Dade County, Florida.
(g) Removal of plants which are defined as shrubs, hedges, vines, or groundcover.
(h) Removal of palms and clustering palms under 15 feet in overall height.
(2) Removal of prohibited species.This division incorporates by reference the prohibited
species list in chapter 24 of the Miami-Dade County Code as same may be amended
from time to time. If present on a development or redevelopment site they shall be
removed prior to development or redevelopment, and their sale, propagation
planting, importation or transportation is prohibited. The only exceptions to this shall
be if the particular site contains prohibited species trees that have a DBH greater
than 12 inches, or have been designated as heritage trees, or are located in a
designated historic district as so defined in section 46-56 herein provided a variance
from the requirements of chapter 24 of the Code of Miami-Dade County Florida has
been obtained. No fees shall be charged for their removal and replacement trees
shall be required for the removal of any prohibited species in accordance with city
Code sections 46-64(5)and 118-251.
The city manager may suspend the enforcement provisions of this division by
determining that tree removal permitting requirements will hamper private or public work to
restore order to the city after a declared state of emergency by the city or other governmental
authority, including,
without limitation, declaring a state emergency, following an extreme weather event or
other disaster.
Nothing in this division shall be construed to prevent the pruning or trimming of trees
on private property where necessary for proper landscape maintenance and safety;
provided that no more than 25 percent of the crown or foliage is removed annually and that
the pruning performed does not effectively destroy the tree.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach as amended; that the sections of this ordinance may be renumbered or
relettered to accomplish such intention; and that the word "ordinance" may be changed to
"section" or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 3 day of Fe, rfiew 25.
ATTEST: �
f FEB 0 2
teven Meiner, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
(Sponsored by Mayor Steven Meiner) __.;�; ,,, FORM AND LANGUAGE
.'...........
G�'' & FO TION
If2COFPoP,AiED City o Date
Ordinances - R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: City Attorney Ricardo J. Dopico
DATE: February 3, 2025 9:25 a.m. Second Reading Public Hearing
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE II,
ENTITLED "CARE AND MAINTENANCE OF TREES AND PLANTS," BY
AMENDING DIVISION 2, "TREE PRESERVATION AND PROTECTION"; BY
AMENDING SECTION 46-58, ENTITLED "TREE REMOVAL REQUIREMENTS,
EXEMPTIONS AND PROHIBITED SPECIES," TO PROVIDE THAT AN EXISTING
PALM TREE MAY BE REPLACED WITH A NEW PALM TREE AT THE SAME
LOCATION WITH NO ADDITIONAL MITIGATION REQUIREMENT; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The attached Memorandum and Ordinance, sponsored by Mayor Steven Meiner, is submitted for
consideration by the Mayor and City Commission.
BACKGROUND/HISTORY
ANALYSIS
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 1/1 612 0 2 5
See BIE at: hops://www.miamibeachfl.gov/city-hall/city-clerklmeeting-notices/
FINANCIAL INFORMATION
CONCLUSION
Page 1055 of 1859
Applicable Area
Citywide
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
No No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attomey
Sponsor(s)
Mayor Steven Meiner
Co-sponsors)
Condensed Title
9:25 a.m. 2nd Rdg, Allow Palm Trees Replaced, No Mitigation Required. (Meiner) CA
Page 1056 of 1859
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach.Florida 33139,www rniamibeachft.gov
COMMISSION MEMORANDUM
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Ricardo J. Dopico, City Attorney �0 SECOND READING
DATE: February 3, 2025
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BY AMENDING
ARTICLE II, ENTITLED "CARE AND MAINTENANCE OF TREES AND
PLANTS," BY AMENDING DIVISION 2, "TREE PRESERVATION AND
PROTECTION"; BYAMENDING SECTION 46-58, ENTITLED"TREE REMOVAL
REQUIREMENTS, EXEMPTIONS AND PROHIBITED SPECIES," TO PROVIDE
THAT AN EXISTING PALM TREE MAY BE REPLACED WITH A NEW PALM
TREE AT THE SAME LOCATION WITH NO ADDITIONAL MITIGATION
REQUIREMENT; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
BACKGROUND
The attached Ordinance, which is sponsored by Mayor Steven Meiner, has been placed on the
February 3, 2025 City Commission meeting agenda for Second Reading/Public Hearing. The
Ordinance was adopted at First Reading on February 1, 2023.
Under Chapter 46 of the City Code, the removal of a tree or palm on public or private property
requires a tree removal permit. Currently, the replacement of an existing palm tree with a new
palm tree at the same location may trigger an additional mitigation requirement under Chapter 46
of the City Code.
ANALYSIS
The Ordinance amends the landscape mitigation requirements in Section 46-58 of the City Code
to provide that an existing palm tree may be replaced with a new palm tree at the same location
(i.e. "a palm for a palm")with no additional mitigation requirement. The ordinance was discussed
at the January 11, 2023 Public Safety and Neighborhood Quality of Life Committee, which
unanimously recommended the proposed Ordinance.
In order to implement the amendments in this Ordinance, an amendment to Chapter 4 of the Land
Development Regulations ("LDRs") will also be required. Specifically, the provision in Sec.
4.2.3.a.3 of the Resiliency Code,which provides that"[p]alms shall not count towards the required
number of street trees." Accordingly, a companion Ordinance amending the LDRs has been
placed on the February 3, 2025 agenda for Second Reading. Second Reading of both Ordinances
would need to occur at the same City Commission meeting in order to avoid creating a conflict
between the Code and the LDRs.
Page 1057 of 1859
Commission Memorandum
February 3, 2025
Page 2
Given that the City's landscape requirements must be consistent with the landscape requirements
in the Miami-Dade County Code, the Ordinance has been revised for Second Reading to provide
that, notwithstanding the amendments, "any permit for the removal of a tree or palm shall be
consistent with the minimum standards in Chapter 24, Article IV, Division 2 or any other applicable
provision of the Miami-Dade County Code, as may be amended."
FINANCIAL IMPACT
N/A
2
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