Sun Sentinel Palm Beach Edition
New Broward ordinance restricts planting trees near power lines
Broward County is restricting how close to power lines homeowners can plant trees to protect against power outages during future hurricanes.
The new rules apply only in Broward’s unincorporated areas, but officials hope the county ordinance will be used as a model by to help keep the lights on for residents when major storms strike.
Florida Power & Light Co. officials say fallen trees were the primary cause of outages during Hurricane Irma in 2017 and Hurricane Matthew in 2016, and the company has pushed for local regulations to keep trees clear of its lines.
Broward commissioners passed the new regulations Tuesday after being assured that FPL, not property owners, would continue to have the main responsibility for trimming trees near power lines. The new restrictions will keep homeowners from planting even more problem trees next to the lines.
As for existing trees, the county will survey unincorporated properties to come up with a list of trees that need to be trimmed or recities moved, for either FPL or county crews to address within the next year. After that work is completed, homeowners would be responsible for any trimming that is not part of FPL’s regular maintenance schedules.
The county regulations follow FPL’s “Right Tree, Right Place” guidelines in establishing the acceptable placement of trees near power lines.
The rules require new trees to be planted farther away from power lines the taller they’re expected to grow. Trees that will reach a height of 20 to 30 feet at maturity have to be planted at least 20 feet away from power lines. Trees that will exceed 30 feet at maturity have to be planted at least 30 feet from the lines.
Some community leaders initially opposed the regulations because of the potential costs to property owners. Most of the county’s unincorporated areas are economically disadvantaged.
“I understand the importance of having those trees trimmed out of the power lines,” said Jessie Scipio, president of the Boulevard Gardens homeowner association on the north side of Broward Boulevard between Northwest 27th and 31st avenues. Neighbors were without lights for two weeks because a ficus fell onto the power lines in the community, he said.
“It’s just the idea of having to impose a cost on people who can barely put food on the table is what I’m thinking about now,” Scipio said.
Commissioners decreased the proposed fine for people who fail to comply with a violation notice from $500 to an escalating rate: $150 for a first offense, $250 for a second and $500 for a third. Also, the initial work that will be done by FPL and the county over the next year will come at no cost to property owners. After that, the county’s tree preservation fund will be available for homeowner required to remove or trim trees that don’t fall under FPL’s responsibilities.
The company uses a rotation schedule to trim back vegetation near power lines so every line is addressed every three years along major roadways and every six years in neighborhoods. It also will trim trees outside of that schedule if contacted by a property owner and a review determines a tree requires pruning.
One problem FPL frequently faces is property owners refusing workers access to trees on private property. The regulations will now require those homeowners to have the work done themselves.
FPL officials said other work will be done on caseby-case.
“The trees that we were already going to trim, we will continue to trim, but we’re not going to trim every tree in the county that’s not in compliance with the ordinance,” FPL attorney David Lee said. “If it’s a problem tree, whether it’s [in] right of way, an easement [or on] private property, if the customer is giving us permission, we’re going to trim it.”
It may not be easy to measure the success of the new regulations, especially since the ordinance covers such a small area of the county. Parkland, which implemented rules similar to the county’s in 2005 after Hurricane Wilma, still experienced significant outages in the eastern part of the city during Irma, officials said. They can’t say if the city’s law made a difference.
“How do you know what might have happened?” asked Carole Morris, Parkland’s chief administrative officer.