News

By Mary Thurwachter

Lantana is updating its tree ordinance to be consistent with a state law and to create a new designation and regulation for historic trees.
The state law, which went into effect on July 1, bars local municipalities from regulating tree removals on residential properties. Under the legislation, municipal governments are not allowed to require any permits, notice, or approval for residents who wish to remove dangerous trees from their properties. All a homeowner needs to provide is a report from a certified arborist or landscape architect who says the tree poses a danger.
A dangerous tree is one that is seen as a threat to safety. If a property owner or builder has a certified arborist who claims that if a tree isn’t taken out it could fall on a house or other building, for example, that would be considered dangerous. If a tree or canopy could cause a disruption of electrical service, that could also be considered dangerous.
Development Services Director David Thatcher said at the Oct. 14 Town Council meeting that some language has been added to the ordinance to clarify how historic trees are defined.
“You all are well aware we’ve taken some heat in the last year or so for some trees coming down, particularly on Hypoluxo Island, as a result of homes being built,” Thatcher said. “The way the ordinance was originally written 20 years ago, there was nothing in there covering most of the canopy over there, which are ficus trees.”
Thatcher said the town’s new assistant development services director, Tiffany Kapner, is a horticulturist. She looked at the list of trees and at the canopy on the island and added two species of ficus, which she believes are the primary trees of the canopy, and several other trees that should be protected.
“We also added the state palm tree,” Thatcher said. “It’s not really a tree, it’s a big piece of grass. So, our code recognizes that, it always has. When you use palm trees to meet your landscaping requirements, you’ve got to use three palms to equal one tree.”
A historic tree, according to the new definition, means “any native tree with a trunk diameter of 30 inches or more, or a tree of the ficus species, in the event such tree contributes to the canopy for the area in which it is located. A tree may also be determined to be of notable historic interest to the town due to its age, type, size or historic association with the community and designated as such by the Town Council.”
The new wording, Thatcher said, is to give the town leverage to protect some of the biggest trees that may not be on the specimen list, to keep them from being taken down or at least require mitigation.
Specimen trees on the list include cabbage palm, Florida elm, mahogany, royal palm, slash pine, shortleaf fig, Southern magnolia, Southern red cedar and strangler fig. The palm trees must have a 5-foot clear trunk to be on the list.
Patricia Towle, who lives on Hypoluxo Island and worked on the first ordinance 20 years ago, said she applauded the council for updating it.
But she offered a few suggestions. “I think we’re maybe a little too limited on the trees,” she said.
In addition to the list of name trees, she said that any local tree with ecological, aesthetic or location value should be singled out as a specimen or historic tree.
“I would hate to see someone use the excuse of it’s not on the list to cutting it down, it could be a very attractive tree and I would like to see it protected,” Towle said.
“Also, I just want everybody to understand palms really should not be interchanged with hardwood trees. A deciduous tree, because of the strong root system and because it really protects against soil erosion, serves an entirely different function.”
The ordinance passed by a 5-0 vote on first reading. The town can, according to Town Attorney Max Lohman, amend the law at a future date to add to the list of specimen trees.