Before cutting your trees, ask about permit

Q: Last week as I was about to cut down a tree in my yard that wa sdumping leaves into my pool, my neighbor came running out of his house to tell me I could be in trouble for doing this without our town’s permission. I held off because he was so insistent. Is this true?

A: Be sure to thank your neighbor because he probably saved you some aggravation.

With few exceptions, most cities and counties require that you obtain a permit to remove a tree on your own property. You must apply for the permit and pay a fee to determine whether you will be allowed to remove the tree.

The rules vary from place to place, so you’ll need to check where you live to see if a permit is necessary. In some areas, certain types of trees can be removed without a permit, alongwith smaller trees under a certain diameter (usually 6 inches or less). Also, the rules may be different depending on how far the tree is from your property line. However, dead trees typically can be removed without a permit.

Most cities and counties will send someone to your home at your request to help determine what may be removed and what to replace it with, but you will be responsible for the work.

When you get the permit, you’ll usually be required to replace the tree with one or more trees of a similar size

and certain (usually native) species.

If you decide that all of this isn’t worth it and just chop away, you can be fined and charged a replanting fee. Many municipalities have hotlines for home owners to report offending neighbors. Gary M. Singer is a Florida attorney and board-certified as an expert in real estate lawby the Florida Bar. He practices real estate, business litigation and contract law fromhis office in Sunrise, Fla. Heis co-host of the weekly radio show Legal News and Review.