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Have a question? +1 815-826-6324 (815-8-BondAI) phil@AmericasSuretyBonds.com
Army Veteran Owned | Expert Surety Bonds Since 2004
This bond is not for the trees you are taking down. Section 17-4(c)(5) sets it at the value of the specimen trees that will remain on site or be relocated, so it protects the ones you promised to keep. There is no published amount and no tier table. The figure is an appraisal, produced by an ISA certified arborist or a Florida licensed landscape architect using the trunk formula method, and a few mature specimen trees can carry a serious number. Get the appraisal first. And if the property has a homestead exemption you may be outside the requirement entirely.
Section 17-4(c)(5) of the City of Miami Code requires that a tree protection bond equal to the value of the specimen tree or trees to remain and or to be relocated be posted anytime construction or development is to be undertaken, except for properties which have homestead exemption pursuant to F.S. 196.075 and show proof thereof. Section 17-2 defines a specimen tree as a tree equal to or larger than eighteen inches DBH, and defines tree value as the appraised monetary replacement value calculated by an ISA certified arborist or a Florida licensed Landscape Architect, using the trunk formula method within the replacement cost approach described in the most recent edition of the Guide for Plant Appraisal published by the International Society of Arboriculture. The bond remains in effect for one year after the final certificate of occupancy or certificate of completion is issued.
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This is the point that changes how people think about the number, so it goes first.
Section 17-4(c)(5) requires a tree protection bond equal to the value of the specimen tree or trees to remain and or to be relocated. Not the ones you are removing. The City is securing your promise to bring the surviving trees through construction alive.
Trees you remove are a separate obligation entirely, handled through the replacement chart in section 17-6 and, where on site replacement is not workable, through payments into the tree trust fund. Those are mitigation costs, not bond amounts, and mixing the two up is the most common way people arrive at a wrong figure.
The bond equals the value of the specimen trees, and section 17-2 defines that precisely. The appraised monetary replacement value for a tree as calculated by an ISA certified arborist or a Florida licensed Landscape Architect who is specially trained and experienced as a tree and landscape appraiser.
The method is specified too. Appraisals shall utilize the trunk formula method within the replacement cost approach of valuation as described in the most recent edition of the Guide for Plant Appraisal published by the International Society of Arboriculture.
So the sequence runs appraisal first, bond second. You cannot get a meaningful quote before somebody qualified has valued the trees, and a site with several large live oaks can produce a penal sum well into six figures.
Only specimen trees drive the bond, so the definition is worth knowing before you assume every tree on the lot counts.
A specimen tree is a tree equal to or larger than eighteen inches DBH, meaning diameter at breast height. Excluded from that category are palms, non-native Ficus species, and any non-native fruit tree cultivated as a grove tree for commercial production of fruit.
A yard full of palms is not a yard full of specimen trees.
Section 17-4(c)(5) excepts properties which have homestead exemption pursuant to F.S. 196.075, and which show proof thereof.
Worth reading that citation carefully rather than assuming. Section 196.075 is a specific additional exemption rather than Florida's general homestead exemption, so before you rely on it, confirm with the Environmental Resources Division which exemption they will accept proof of. The consequence of guessing wrong is finding out at permit issuance.
Note also that the exemption is from the bond, not from the tree ordinance. A homestead property still needs the permit, still faces the replacement obligations, and gets a discounted rather than waived trust fund payment.
The ordinance builds in flexibility that most municipal tree programmes do not.
In the event a bond is not feasible, the City may accept an irrevocable, unconditional letter of credit naming the City as payee and beneficiary.
Separately, for affordable housing projects, the City Manager, after recommendation by the department and approval as to legal form by the office of the city attorney, may accept a covenant or other equivalent alternative to the tree protection bond requirement.
If you are building affordable housing, ask about the covenant route before you buy anything.
The bond or letter of credit shall remain in effect for one year after the final certificate of occupancy or certificate of completion is issued.
That is not the same as the construction period. The year runs after the CO, which is when the risk to the retained trees is actually highest, because damage from construction often shows up as decline months later.
The City's own bond form carries a second endpoint for demolition work: until the demolition permit number, if applicable, is issued and finalized.
Budget for the full term rather than for the build.
Use the City of Miami TREE PROTECTION BOND template. It names the City as obligee, cites section 17-2 and section 17-4(c)(5) of the City Code and Florida Statute 255.05, and carries fields for the bond number and the process number.
The condition is that the principal will faithfully observe and honestly comply with the provisions of the City of Miami, Florida Tree Protection Ordinance.
On default the City has three routes. It may demand that you remedy the problem, demand payment up to the face amount of the bond, or institute suit against the surety. The second of those is what makes an accurate appraisal matter to you as well as to the City.
Section 17-6 sets replacement on a chart keyed to DBH. Removing a tree of 2 to 3 inches DBH triggers 1 or 0 replacements depending on the size option chosen. At the top of the chart, a tree of 49 to 60 inches DBH triggers 20 or 10.
Replacement trees must be a minimum of 2 inches DBH or 4 inches DBH depending on which option you take, native species are preferred with up to 30 percent allowed to be smaller native species, palms carry their own ratios, off site replacement on public property is allowed as an alternative, and species diversity requirements kick in at 11 or more trees.
Where replacement on site is not feasible, the tree trust fund takes $1,000.00 for each two inch DBH tree required on a non-homestead property. A homestead property pays $500.00 for each two inch DBH tree required on its first permit in a calendar year, and $1,000.00 for subsequent permits in that same year. Hardship exemptions exist for seniors and low income homeowners.
Fees are established pursuant to section 10-4 of the City Code rather than printed in the tree chapter, so confirm the current figures. Applications from government agencies for tree removals in areas dedicated to public use may be exempted from application fees and permit fees.
A standalone tree permit application asks for a written statement giving the reason for the tree work, a tree and boundary survey showing all trees with species, location, height, spread and diameter, a tree replacement or landscaping plan drawn to scale showing new tree locations and adequate spacing from utilities, and photographs of the trees or an arborist report. An arborist report is not always required but is often necessary on review.
There is a ten calendar day waiting period for appeals after the intended decision is issued. And an application with no activity in Eplan for six months is considered abandoned.
The City's own advice on sequencing is worth taking. If you are applying for a master building permit of any kind, run the tree permitting first or at least at the same time to avoid delays.
The Environmental Resources Division handles tree protection and can be reached through 311 or at 305-468-5900.
There is no set amount. Section 17-4(c)(5) sets it at the value of the specimen tree or trees to remain and or to be relocated, and section 17-2 defines that as an appraised monetary replacement value produced by an ISA certified arborist or a Florida licensed Landscape Architect using the trunk formula method from the ISA Guide for Plant Appraisal. Your number comes from the appraisal, not from a schedule.
No, and this is the most common misunderstanding. The bond is measured by the specimen trees that remain or are relocated. Trees you remove are handled separately through the replacement chart in section 17-6 and, where on site replacement is not workable, through payments into the tree trust fund.
A tree equal to or larger than eighteen inches DBH. Palms, non-native Ficus species and any non-native fruit tree cultivated as a grove tree for commercial production of fruit are excluded from the specimen tree category, so a lot full of palms does not necessarily drive a large bond.
Possibly. Section 17-4(c)(5) excepts properties which have homestead exemption pursuant to F.S. 196.075 and show proof thereof. That citation points at a specific additional exemption rather than Florida's general homestead exemption, so confirm with the Environmental Resources Division which exemption they accept proof of before relying on it. The exception applies to the bond only. You still need the permit and you still face replacement obligations.
No. The ordinance provides that in the event a bond is not feasible, the City may accept an irrevocable, unconditional letter of credit naming the City as payee and beneficiary. Separately, for affordable housing projects, the City Manager may accept a covenant or other equivalent alternative, after recommendation by the department and approval as to legal form by the office of the city attorney.
The bond or letter of credit shall remain in effect for one year after the final certificate of occupancy or certificate of completion is issued. That is a year past the end of construction, not through construction only. The City's bond form also provides for a demolition permit endpoint where applicable, until the demolition permit number is issued and finalized.
Use the City of Miami Tree Protection Bond template. It names the City as obligee, cites sections 17-2 and 17-4(c)(5) of the City Code and Florida Statute 255.05, and carries the bond number and process number fields the City needs to match it to your file.
The City's bond form gives it three routes on default. It may demand that the principal remedy the situation, demand payment up to the face amount of the bond, or institute suit against the surety. That second route is why the appraisal matters to you as well, since the appraised value sets your maximum exposure.
Replacement under the section 17-6 chart, which scales with the DBH of what you remove, and where on site replacement is not feasible, a tree trust fund payment. That runs $1,000.00 for each two inch DBH tree required on a non-homestead property. A homestead property pays $500.00 per two inch DBH tree required on its first permit in a calendar year and $1,000.00 on later permits that year. Permit fees are set under section 10-4 of the Code rather than in the tree chapter.
Early. The City's own guidance is that if you are applying for a master building permit of any kind, go through the tree permitting process first or at least at the same time to avoid delays. There is also a ten calendar day appeal waiting period after the intended decision, and an application sitting inactive in Eplan for six months is treated as abandoned.
It depends entirely on the appraised value, which is why nobody can quote you a figure before the arborist has been out. Once the penal sum is known, the premium is underwritten on the applicant's credit and, at larger amounts, on financial statements and the track record of the builder. A bond backing a handful of mature specimen oaks is a different transaction from one covering a single tree. Get the appraisal, then get a real quote.
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