§ 50-169. Exemptions from permit requirement.

(a)

Notwithstanding any other provision of this division to the contrary, any person may cut down, destroy or replace or authorize removal of one or more trees whose trunks lie wholly within the boundaries of property owned by said person without obtaining a tree removal permit from the local government in accordance with the following:

(1)

Said property is classified (zoned) by the local government for single-family or two-family use, and a single-family or two-family dwelling or mobile home is located on said property, and it is owner-occupied;

(2)

Said property contains agricultural uses as defined in this division;

(3)

Said property contains trees which may have been determined by the local government to be deteriorated as result of age, hurricane, storms, fire, freeze, disease, lightning or other acts of God;

(4)

Said property is within an existing public or private right-of-way or maintenance easement and contains trees which must be removed or thinned to ensure the safety of the motoring public and to maintain visibility of oncoming traffic at intersecting public streets, or such other trees which may disrupt public utilities, such as power lines, drainageways or similar public needs; however, as may be determined by the local government, specimen trees in public or private rights-of-way or utility easements may be removed only upon the issuance of a tree removal permit, and said tree so removed shall be replaced with a replacement tree, and the location of said replacement tree shall be as determined by the local government;

(5)

Said property contains trees which are planted and grown for sale to the general public or some public purposes, with licensed plant or tree nurseries and botanical gardens included in this exemption; or

(6)

The following species are exempted from the provisions of this division:

Common Name	Botanical Name
Australian pine	Casuarina equisitifolia
Australian pine	Casuarina leipconphloia
Brazilian pepper	Schinus terebinthefolius
Chinaberry	Melia azedarach
Chinese tallow	Sapium sebiferum
Citrus	Citrus species
Ear tree	Enterolobium cyclocarpum
Eucalyptus	Eucalyptus species
Punk tree	Melaleuca leucadendion
Silk oak	Grevillea robusta
Woman's tongue	Albizia lebbeck

 

(b)

A local government may at its option delete in whole or in part any of the exemptions described in subsection (a) of this section, but in no case shall the local government include any additional exemptions in its ordinance adopted pursuant to this division.

(Ord. No. 88-38, § II(404.00), 12-1-88)