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HomeMy WebLinkAbout25-025 ORDINANCE No. 2025-025 FILE NO.: TLDC-2511-000041 TLDC-2511-000041 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING THE TEXT OF THE LAND DEVELOPMENT CODE, 6.00.03. NOTICE OF VEGETATION REMOVAL REQUIRED; SECTION 6.00.04 EXEMPTIONS; AND 6.00.05. CRITERIA GOVERNING APPROVAL OF VEGETATION REMOVAL PERMIT; TO CLARIFY A VEGETATION REMOVAL PERMIT FROM A VEGETATION REMOVAL EXEMPTION, TO PROVIDE FOR MITIGATION EXEMPTIONS FOR THE CONSTRUCTION OF CERTAIN NON-SITE RELATED ROADWAYS, AN EXEMPTION FOR ROAD CONSTRUCTION WITHIN EXISTING COUNTY RIGHT-OF-WAY,AN EXEMPTION FOR WATER CONTROL DISTRICT SYSTEM FOR DRAINAGE PURPOSES, AND AN EXEMPTION FOR RESIDENTIAL PROPERTIES THAT MEET THE PROVISIONS OF SECTION 163.045, F.S., AND TO UPDATE OBSOLETE DEPARTMENT NAMES AND TITLES; PROVIDING FOR EXEMPTIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, (Board) based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, St. Lucie County possesses the police powers to enact ordinances in order to protect the health, safety, and welfare of the County's citizens. 2. The Legislature of the State of Florida has, in Chapter 125 — County Government, Florida Statutes, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. 3. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 4. Goal 2.1 of the Transportation Element within St. Lucie County Comprehensive Plan requires that the County provide a safe and efficient integrated multi-modal transportation system which addresses the future needs of St. Lucie County for movement of people and goods, and which considers social, economic, energy and environmental effects including greenhouse gas emissions of the transportation system 5. The Board is obligated to maintain concurrency in accordance with level of service standards as established by the St. Lucie County Comprehensive Plan. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5561085 12/10/2025 03:41:33 PM OR BOOK 5406 PAGE 1728-1740 Doc Type:ORDN RECORDING: $112.00 Page 1 of 13 6. Goal 6.1 of the Conservation Element within the St. Lucie County Comprehensive Plan requires that the natural resources of St. Lucie County shall be protected, appropriately used, or conserved in a manner which maximizes their functions, and values. 7. On October 16, 2025, the St. Lucie County Planning and Zoning Commission, acting as the Local Planning Agency, held a public hearing, of which due notice was published in the St. Lucie News Tribune, and recommended approval of the proposed amendment to the Board of County Commissioners. 8. On November 4, 2025, the Board of County Commissioners of St. Lucie County, Florida, held the first of two required public hearings, of which due notice was placed in the St. Lucie News Tribune. 9. On December 2, 2025, this Board held its second public hearing on the proposed ordinance, after publishing due notice in the St. Lucie News Tribune. 10. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan, are internally consistent with the remainder of the Land Development Code and are in the best interest of the health, safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. RATIFICATION OF RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and are hereby made a part of this Ordinance. PART B. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE ARE AS FOLLOWS: Words in strike through type are deletions from existing text. Words in underlined type are additions to existing text. Asterisks (***) indicate existing text not shown. 6.00.03. Notice of Vegetation Removal Required. A. No person shall conduct any vegetation removal activities from or on any lot or parcel of land or portion thereof in the unincorporated area of St. Lucie County without first obtaining a Notice of Vegetation Removal Permit or Exemption from the Environmental Resources Public Works Director, or his/her designee. The Notice of Vegetation Removal application shall be completed in conformance with Section 11.05.06 of this Code. Protected vegetation shall be defined as native vegetation. Types of Notice of Vegetation Removal approval include: 1. Exemptions. A number of specific activities have been determined to have minimal adverse impact and are listed in Section 6.00.04. An application is required for the Environmental Resources Department to review and issue a Veqetation Removal Exemption for the exemption to mitigation. Page 2 of 13 2. Vegetation Removal Permit. A Vegetation Removal Permit shall be issued if all the criteria set forth in 6.00.05 has been met. An application is required for the Environmental Resources Department to review and issue a Vegetation Removal Permit. B. Unless otherwise provided in this Code, all public entities, including all departments of St. Lucie County government, shall be subject to the requirements of this Section. Public entities, however, shall not be subject to: 1. The application fees under Section 11.12.00 of this Code; or 2. The penalties under by Section 11.13.03 of this Code. C. The provisions of this Section may be suspended or waived by the Environmental Resources Public Works Director, or his/her designee during a period of emergency officially declared by the Board of County Commissioners. D. The following activities shall require no official notification to the Environmental Resources Public Works Director, or his/her designee and do not require a Vegetation Removal Permit or Exemption: 1. Preserve and Parks Management Activities. Vegetation removal activities associated with an adopted management plan for government maintained parks, recreation areas, wildlife management areas, conservation areas and preserves. The purpose of the vegetation removal activity shall be to protect and preserve the natural values and functions of the ecological communities present, such as, clearing for firebreaks, conducting prescribed burns, or construction of fences. 2. Existing Agricultural Operations. Vegetation removal, except within required preserve areas or deeded conservation easements, which are part of the on-going activities of the existing agricultural operation, shall not require a permit or exemption. a. Initial clearing of native vegetation on a site shall be preceded by a letter to the Environmental Resources Departmentivicion►. Bona fide agricultural activities include commercial nursery, citrus groves, tree farm, aquaculture, row crops, ranch, or similar operations. When removal of protected vegetation, has been performed under this provisioncxcmption1 no development order shall be approved for any other use or improvement, including subdividing, on the same land within four (4) years from the date of the last agricultural classification granted for that land by the St. Lucie County Property Appraiser per F.S. § 193.461. b. In the event of a hardship such as a natural disaster, the owner may request that the Board of County Commissioners grant a variance from the provisions of this subsection. The Board shall only grant the variance if the Board determines that the owner has presented evidence that the owner has satisfied the standards for granting variances in of-Section 10.01.02 of the Land Development Code. 3. Routine Landscape Maintenance. Trimming or pruning of vegetation which is not intended to result in the eventual death of the vegetation, mowing of yards or lawns, or any other landscaping or gardening activity which is commonly recognized as routine maintenance, replacement or relandscaping which does not result in the eventual death of any vegetation, does not require the approval of a Notice of Vegetation Removal Permit or Exemption. 4. Water Control District Management Activities. Vegetation removal activities associated with the operation and maintenance of a water control district system for drainage purposes. The purpose of the vegetation removal activity shall be to protect and preserve drainage function within jurisdictional rights-of-way, easement, and prescribed easement Page 3 of 13 according to historical maintenance efforts. All activities shall require implementation of best management practices, as appropriate, to ensure State water quality standards are met. 5. Pursuant to Section 163.045, F.S., the removal of a native tree on a residential property with a single-family, detached dwelling unit, if the property owner possesses documentation from an arborist certified by the ISA or a Florida licensed landscape architect that the tree poses an unacceptable risk to persons or property. A tree poses an unacceptable risk if removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in Best Management Practices -Tree Risk Assessment, Second Edition (2017). 6.00.04 Exemptions. Any person who intends to remove or cause the death of any vegetation pursuant to any of the following mitigation exemptions must first obtain a Notice of Vegetation Removal Exemption from the Public Works Director Environmental Resources Director, or his/her designee or his/her desig ►co. The burden of proving entitlement to any particular exemption shall lie, at all times, with the person or persons claiming the exemption. A. The removal of any native vegetation as necessary for the following activities: 1. The minimal removal of native vegetation necessary for a path not to exceed four(4) feet in width to provide physical access or view necessary to conduct a survey or site examination for the preparation of bona fide site development plans or vegetation inventories; or 2. The minimal removal of native vegetation necessary for a path not to exceed ten (10) feet in width to provide vehicular access necessary to conduct soil percolation or soil bore tests, provided such clearing or removal is conducted under the direction of Florida registered surveyor or engineer. B. The removal of any native vegetation in an existing utility easement, drainage easement, storm water management tract or facility, or right-of-way provided such work is done by or under the control of the operating unit of local, state, or federal government, utility company and that unit of local, state, or federal government or utility company has obtained all necessary licenses or permits to provide service through the easement. C. The removal of any native vegetation for the construction of a non-site related roadway extension or expansion, for roads identified in the County's Right-of-Way Protection Plan or the Jenkins Road Area Plan (special district) as well as prescribed by a site plan approval, site development permit or roadway improvement agreement, provided the roadway will be dedicated to and is agreed to be accepted by St. Lucie County for perpetual ownership and maintenance. The roadway acceptance will be determined by the County; at such time the improvement serves as a thoroughfare for the County's overall roadway network. D. The removal of any native vegetation within an existing County right-of-way, when such removal is necessary to accommodate the construction, reconstruction or improvement prescribed by a site plan approval, site development permit or roadway improvement agreement. As used in this section, County right-of-way means land in which St. Lucie County currently owns the fee or has a platted or conveyed easement devoted to, or required for, use by the public. SE. The removal of native vegetation which has been determined to be a safety hazard, destroyed or damaged beyond saving by natural causes or causes not covered by other Page 4 of 13 sections of this chapter, is infected with disease or is infested with insects, or which constitutes immediate peril to life property or other trees, and where pruning or trimming of the vegetation is not able to alleviate the hazard. OF. The removal of native vegetation, upon any detached single family residential lot or parcel of land having an area of one (1) acre or less. This exemption is, however, subject to the following conditions: 1. Nothing in this exemption shall exempt any person from the landscaping requirements set forth in Section 7.09.00 of this Code; 2. This exemption shall not be construed to allow the removal or alteration of any protected vegetation without a Vegetation Removal Permit on any exempted lot or parcel of land by its subdivider unless the subdivider intends in good faith to construct a residential unit or units upon the lot or parcel of land prior to its sale. Advertisement or listing the lot or parcel of land for sale without a residential unit shall create a presumption that the subdivider does not intend to construct such a unit and that the intent is for a subsequent purchaser to develop the lot or parcel. 3. No native vegetation twenty-four (24) inches, or greater, dbh shall be removed from any residential parcel (including those in the AG-5, AG-2.5, AG-1, AR-1, RE-1, and R/C zoning districts), regardless of parcel size, without an approved Vegetation Removal Permit and an approved mitigation plan. The Environmental Resources Public Works Director, or his/her designee may reduce the requirements for mitigation on individual residential lots one-half-acre or less where a protected tree twenty-four (24) inches dbh or greater must be removed in order to provide for the reasonable use of the property. G.€.The removal or alteration of any non-native vegetation. 6.00.05. Criteria Governing Approval of Vegetation Removal Permit. A. Removal of Native Vegetation. The Environmental Resources Publfs-perks Director, or his/her designee, shall issue a Vegetation Removal Permit only if a completed application has been submitted to the Environmental Resources Public Works Director, or his/her designee, and is accompanied by sufficient evidence demonstrating that at least one (1) of the following criteria has been satisfied: 1. The applicant for a final development order shall demonstrate that the removal of the native vegetation is the minimum necessary in order to implement a Final Development Order and that reasonable efforts have been made to microsite impervious surfaces to protect native vegetation or provide details supporting why preservation of the existing native vegetation is not practically feasible and prevents the reasonable development of the site. The Environmental Resources Public Works Director, or his/her designee shall determine the appropriateness of any such claim. The applicant shall provide the Environmental Resources Director, or his/her designee, or his/her designee, a survey of the property outlining the areas of proposed vegetation removal including the location of all vegetation as outlined in Section 11.05.06. 2. A Final Development Order has not been issued, or is not required by this Code. The applicant for the vegetation removal permit shall demonstrate that the removal of the native vegetation is the minimum necessary in order to allow for the construction of the intended use or improvement of the property and that reasonable efforts have been made to microsite impervious surfaces to protect native vegetation or provide details supporting why preservation of the existing native vegetation is not practically feasible and prevents Page 5 of 13 the reasonable development of the site. The Environmental ResourcesWorks Director, or his/her designee shall determine the appropriateness of any such claim. The applicant shall provide the Environmental Resources Public Works Director, or his/her designee, or his/her designee, a survey of the property outlining the areas of proposed vegetation removal including the location of all vegetation as outlined in Section 11.05.06. B. Limiting Removal of Native Vegetation. Prior to the removal of any native vegetation, the removal plan must demonstrate that effective efforts have been made to micro-site impervious surfaces to avoid or minimize impacts to such vegetation. The extent of approval to remove any native vegetation shall be limited by the Environmental Resources Public Works Director, or his/her designee to the minimum necessary to accomplish the purpose of the removal. This may include limiting the extent of approval to portions of a lot or parcel of land or specifying special conditions by which removal shall take place. Such limitation shall be clearly indicated in writing on or attached to the Vegetation Removal Permit. If vegetation removal is limited to a portion of a lot or parcel of land, the extent of such limitation shall be clearly delineated on the face of any site development plans. The application for Vegetation Removal Permit shall demonstrate consistency with the requirements of Section 7.09.03(E)(7). C. Vegetation Protection Standards During the Duration of an Approved Notice of Vegetation Removal. The following minimum standards for vegetation protection shall be applied to any area of vegetation designated to be preserved under the terms of an approved Vegetation Removal: 1. A conspicuous, suitable protective barrier, constructed of metal, wood, safety fencing or other durable material, shall be placed and maintained around the perimeter of the protected area to form a continuous unbroken boundary, around individual protected trees, or groups of protected vegetation, or other protected areas, as follows: a. At a minimum distance of twenty-five (25)feet from all jurisdictional wetlands; or b. At a minimum distance of ten (10) feet from all required shoreline buffer zones as required in Sections 6.02.01 and 6.02.02. c. At a minimum distance of either ten (10) feet from the edge of groups or areas of protected vegetation or from the radius of the dripline from all protected trees, whichever is greater; or d. As otherwise provided in special conditions attached to a Notice of Vegetation Removal. 2. Special care shall be taken that preservation areas are properly marked and highly visible so that equipment operators can see the limits of permitted removal activity. 3. Protective barriers or protective designations shall remain in place until removal is authorized by the Environmental Resources Director, or his/her designee, or until issuance of a certificate of occupancy or other use authorization as may be granted by the Environmental Resources Public Works Director, or his/her designee. In the event that any protective barriers are removed or altered and clearing activities are conducted within an area identified for preserve under the issued Vegetation Removal Permit, the Environmental Resources Public Works Director, or his/her designee is authorized to direct that all land clearing and site alteration work at the site be stopped until the barriers are restored and any necessary corrective actions taken to repair or replant any vegetation removed or damaged as a result of these encroachments. Page 6 of 13 4. The entire vegetation preservation area shall be maintained in its natural state so as not to alter the water and oxygen content of the soil and impair its natural function. 5. No grade changes or excavation of any sort may be made within the vegetation preservation area that require trenching or cutting of roots, except in compliance with the terms of special conditions in an approved Vegetation Removal Permit. If underground utilities must be routed through a protected root zone area, tunneling under the roots shall be required. Irrigation shall be installed outside of the dripline of all protected trees. These modifications shall be based upon the suggested standards in the latest edition of the "Tree Protection Manual for Builders and Developers" published by the Division of Forestry of the Florida Department of Agriculture and Consumer Services, or a similarly recognized reference manual. 6. No soil shall be removed from within a vegetation preservation area. 7. No fill material, construction material, concrete, paint, chemicals, or other foreign materials shall be stored, deposited or disposed of within a vegetation preservation area. 8. No signs, permits, wires, or other attachments, other than those of protective and non- damaging nature, shall be affixed or attached to protected vegetation. 9. If landscaping is to be installed within a vegetation preservation area after removal of protective barriers or designations, installation shall be accomplished using hand labor, unless use of light machinery is proven to be necessary and methodology is approved by the Environmental Resources Rublis-Werks Director, or his/her designee. 10. Any equipment, including passenger vehicles, shall not be driven, parked, or stored or repaired within designated vegetation preservation areas. 11. Vegetation destroyed or damaged as part of the development of a site or parcel, shall be replaced by vegetation of equal environmental value as specified by the Environmental Resources Public Works Director, or his/her designee, in consultation with the Planning and Development Services Director, before any occupancy or final use permit authorizations are issued. 12. The authorized removal of any non-protected vegetation in the vegetation preservation area shall be accomplished using hand labor, unless use of light machinery is proven to be necessary and methodology is approved by the Environmental Resources Public Works Director, or his/her designee. Only the above ground portions of the non-protected vegetation may be removed and the stump shall be properly treated with an approved herbicide; the root systems of the protected vegetation must remain undisturbed. 13. If any roots of protected vegetation is exposed or damaged, the applicant shall immediately correct the situation by covering the roots with a high quality of soil to match the existing grades, pruning any splintered roots and providing water until the vegetation has recovered. 14. The applicant shall provide the Environmental Resources Public Works Director, or his/her designee, a written plan to control erosion which may be expected to occur as a result of the proposed removal of protected vegetation. The erosion control plan must be approved by the Environmental Resources Public Works Director, or his/her designee, prior to the commencement of any removal of protected vegetation. All provisions of the plan shall be incorporated as express conditions of any Notice of Vegetation Removal issued under this paragraph. D. Mitigation. When native vegetation meeting the mitigation size thresholds in Table 1 below has been approved for removal based on meeting one (1) or more of the above standards, the Page 7 of 13 Vegetation Removal Permit shall only be used after an acceptable mitigation plan has been reviewed and approved by the Environmental Resources Director, or his/her designee. Prior to the issuance of any zoning compliance, certificate of capacity or other recognized authorization for the commencement of the permitted development activity, the replacement vegetation shall be preserved, relocated, or planted, or the appropriate mitigation fees shall be paid to the County. Only native vegetation shall be allowed to meet any required mitigation. The replacement vegetation shall be the same species as that which was removed, unless proven to be impractical, in which case, an alternative native species, approved by the Environmental Resources Director, or his/her designee, shall be used. The quality and size of the replacement trees shall meet the minimum landscape requirements set forth in Section 7.09.03(E). The Environmental Resources Director may authorize substitutions and phased or longer planting schedules that meet the environmental and aesthetic intent of the Land Development Code as long as the total diameter-at-breast-height requirement is still met, allowing trees to be mitigated with native shrubs and herbaceous plant materials at a ratio of one(1) inch to twenty- four(24)one-gallon plants. A waiver of all mitigation requirements shall require the approval of the Board of County Commissioners. 1. Mitigation Sizes. Mitigation shall be required for the loss of any healthy, native vegetation with the minimum sizes as outlined in Table 1 below. Vegetation shall be measured as "DBH", or diameter at breast height, which refers to trunk diameter at four and one-half(4%)feet above grade; or"C.T.", or clear trunk, which refers to the measurement of palm trees from grade to the base of the living fronds, or base of the head of palm trees. The three(3)multiple trunk species below, Seagrape, Pigeon Plum, and Wax Myrtle, shall qualify for mitigation when one (1)of their trunks meets the minimum size threshold listed below. TABLE 1 COMMON NAME SPECIES NAME MITIGATION SIZE BALD CYPRESS Taxodium distichum 12" LAUREL OAK Quercus laurifolia 12" LIVE OAK Quercus virginiana 12" SLASH PINE Pinus elliotii var. densa 12" SOUTHERN MAGNOLIA Magnolia grandiflora 12" STRANGLER FIG Ficus aurea 12" SWAMP TUPELO Nyssa sylvatica var. biflora 12" WATER HICKORY Carya aquatica 12" BLOLLY Guapira discolor 9" CHERRY LAUREL Prunus caroliniana 9" DAHOON HOLLY Ilex cassine 9" FALSE MASTIC Sideroxylon foetidissimum 9" FLORIDA ELM Ulmus americana 9" GUMBO LIMBO Bursera simaruba 9" POP ASH Fraxinus caroliniana 9" RED BAY Persea borbonia 9" RED CEDAR Juniperus siliciola 9" RED MAPLE Acer rubrum 9" RED MULBERRY Morus rubra 9" SAND PINE Pinus clausa 9" SCRUB HICKORY Carya floridana 9" SEAGRAPE Coccoloba uvifera when a single trunk measures 9" SWEET BAY Magnolia virginiana 9" WAX MYRTLE Myrica cerifera when a single trunk measures 9" Page 8 of 13 BUTTONWOOD Conocarpus erectus 6" CHAPMAN OAK Quercus chapmanii 6" CORALBEAN Erythrina herbacea 6" GRAYTWIG Schopefia chrysophylloides 6" HERCULES-CLUB Zanthoxylum clava-herculis 6" INKWOOD Exothea paniculata 6" IRONWOOD Krugiodendron ferreum 6" LANCEWOOD Ocotea coriacea 6" LOBLOLLY BAY Gordonia lasianthus 6" MYRSINE Rapanea punctata 6" MYRTLE OAK Quercus myrtifolia 6" PARADISE TREE Simarouba glauca 6" PIGEON PLUM Coccoloba diversifolia when a single trunk measures 6" POISONWOOD Metopium toxiferum 6" SAND LIVE OAK Quercus geminata 6" SATINLEAF Chrysophyllum oliviforme 6" SCRUB OAK Quercus inopina 6" SIMPSON'S STOPPER Myrcianthes fragrans 6" SPANISH STOPPER Eugenia foetida 6" TORCHWOOD Amyris elemifera 6" WHITE STOPPER Eugenia axillaris 6" WILD LIME Zanthoxylem fagara 6" WINGED SUMAC Rhus copallina 6" CABBAGE PALM Sabal palmetto 10' c.t. 2. Mitigation Ratios. a. Calculating Required Mitigation. 1. Where mitigation is required to compensate for the loss of native vegetation, meeting the minimum size thresholds outlined in Table 1, the replacement vegetation shall be calculated at a ratio of two (2) inches D.B.H. replacement per one inch D.B.H. removed (2:1). {For example, removal of a twelve-inch Slash Pine results in twenty-four (24) inches required mitigation) 2. Palm tree mitigation shall be calculated at a ratio of one palm tree preserved/relocated/planted per one palm tree removed (1:1). Palm trees shall not be counted towards mitigation of non-palm species. {For example, removal of one (1) Cabbage Palm with a clear trunk measuring ten (10) feet or greater results in required mitigation of one (1) Cabbage Palm with a clear trunk measuring ten (10) feet or greater.) b. Calculating Mitigation Credit. TABLE 2.a. Methods of Mitigation/Credit Ratios On-site preservation On-or off-site relocation of On-or off-site planting existing trees or vegetation 1:2 1:1.5 1:1 {For example, if a 6" Slash Pine is preserved on site, 12" of credit is granted; if a 6" Slash Pine is relocated, 9" of credit is granted; and if a 6" Slash Pine is planted on site, 6" of credit is granted.) Page 9 of 13 Table 2.b. Methods of Mitigation/Credit Ratios for Native Palms On-site preservation On-or Off-site relocation of On-or Off-site planting existing trees or vegetation 1:1 1:1 1:.5 (one-half credit) {For example, if a 10' Cabbage Palm is preserved on site a credit of one palm tree is granted; if a 10' Cabbage Palm is relocated on or off site, a credit of one palm tree is granted; and if a 10' Cabbage Palm is planted on site, a credit of one-half of a palm tree is granted.} 3. Mitigation Compliance Methods. a. Diameter based mitigation methods shall be considered as follows: 1. All native vegetation shall be protected on site to the greatest extent possible. If this is demonstrated to the satisfaction of the Environmental Resources Public Works Director, or his/her designee, to be impractical, then; 2. All native vegetation, that occurs in areas to be impacted by a proposed development activity requiring the removal of the vegetation, shall be relocated elsewhere on or off site, to the greatest extent possible. Vegetation relocated off- site shall be relocated to a publicly owned property within St. Lucie County, to a location approved by the County. A plan, outlining proposed transplant and maintenance methods, shall be approved by the Environmental Resources Public Works Director pursuant to this option being permitted. In order to be credited towards mitigation for a site, the applicant must be responsible for all of the costs responsibilities of the relocation operation. If this is demonstrated to the satisfaction of the Public Works Director, or his/her designee, to be impractical, then; 3. The amount of mitigation shall be planted on the development site using the following credit ratios. Table 3 DBH of planted native tree Ratio of credits granted towards required mitigation 10.5"-10.5 plus" 1:2 5"-10" 1:1.5 2.5"-4.5" 1:1 (For example, if a 12"tree is planted, then 24 inches of credit are granted.} The replanting design shall allow for adequate root and crown development. If this is demonstrated to the satisfaction of the Environmental Resources Public Works Director, or his/her designee, the development site does not have the capacity to hold all of the required mitigation, then; 4. Contribute two hundred dollars ($200.00) per inch D.B.H. of remaining required mitigation to the County to be used at the County's discretion for either the acquisition and maintenance of publicly owned environmentally unique lands, or to be used for relocating or replanting native trees on public lands. b. Alternative Mitigation Compliance Methods. A complete Environmental Assessment shall be required for the following mitigation methods, therefore a tree survey shall Page 10 of 13 not be required unless specifically requested by the Environmental Resources Public Works Director, or his/her designee. 1. If a site is consistent with the following minimum standards, twenty-five percent (25%) of the existing native upland habitat can be preserved on site to take the place of all tree mitigation requirements. a. The habitat preservation area shall not measure less than fifteen (15) percent of a total site, unless it is proven to the satisfaction to the Environmental Resources Public Works Director, or his/her designee, that fifteen percent (15%) of the total site would prevent reasonable development of the site, then the preserve area may measure less than fifteen percent (15%) of the site, but shall measure no less than fifty (50) acres; b. The habitat preservation area shall be interconnected with adjacent habitat preserve areas in neighboring parcels where applicable, to facilitate appropriate management and to maximize natural resources values; c. Habitat preservation areas shall minimize edge to interior ratio, and shall have no minimum dimension less than one hundred (100) feet, and shall not exceed a length to width ratio of three to one (3:1) unless exceeding this ratio allows for superior connections with adjacent parcels or other environmental benefits. d. The habitat preservation area shall be platted in its entirety as separate tract or tracts. e. The habitat preservation area must be covered by a Conservation Easement dedicated to, or made in favor of, the County. f. The habitat preserve area shall have"Preserve Area Management and Monitoring Plan" approved by the County in order to ensure the continued, adequate, and appropriate management of the site and the continued protection of the site from adverse impacts. The Preserve Area Management Plan shall be recorded in the public records of the County and shall at a minimum identify the area covered by the plan, its ownership, and assignment of management and maintenance responsibility. g. If the preserve area is identified in either the St. Lucie County Native Habitat Inventory or the St. Lucie County Greenway's and Trails Master Plan, then all or portions of the above outlined guidelines may be waived with the approval of the County Commission. h. If the area proposed for preservation does not qualify as high quality native habitat, a restoration plan may be submitted including one hundred percent (100%) exotic removal, a planting plan incorporating canopy, sub-canopy, and ground cover species. Ninety percent(90%) survival rate will be required of the plant materials and shall be guaranteed as part of the "Preserve Area Management and Monitoring Plan". 2. Purchase the required amount of remaining mitigation, using the credit ratio outlined in Table 3, and facilitate the installation, by a qualified professional, on an approved publicly managed site, including Environmental Significant Land Page 11 of 13 properties, parks, road right-of-ways, or other public facility, or delivery to the St. Lucie County nursery program; or 3. The purchase of land off the subject parcel, elsewhere in St. Lucie County on a property identified in either the St. Lucie County Native Habitat Inventory or the St. Lucie County Greenway's and Trails Master Plan, to be given to St. Lucie County for ownership and management. The off-site land shall be similar in ecological value based on habitat existing on site as well as the land value of the subject parcel. 4. A property owner may propose to establish or acquire credits in an off-site mitigation bank located in St. Lucie County. A report, including the location of the property, an environmental assessment of the property, a tree survey (if applicable), a restoration plan (if applicable), and a management plan shall be submitted for this option to be considered. The mitigation bank property shall either be given to St. Lucie County for ownership and management or placed under a conservation easement, dedicated to, or in favor of, St. Lucie County. 4. [Inspection required.] As part of the issuance of any Final Development Order/Permit requiring the mitigation of trees as set forth in this Code, the property owner shall submit to an inspection of the planted/relocated/preserved materials eighteen (18) months after the issuance of a certificate of occupancy or other use authorization as may be granted by the Environmental Resources Phis-W rks Director, or his/her designee for the County. If it is determined that the planted/relocated/preserved trees are dead, diseased or otherwise not in compliance with the provisions of this Code and the original approved mitigation plan, the property owner shall be provided notice and directed to correct any observed deficiencies and replace all noncompliant trees within sixty (60) days. Failure to maintain all required mitigation shall be grounds for referral to the Code Enforcement Board for appropriate enforcement actions. The Environmental Resources Public Works Director, or his/her designee is authorized to include within the building permit fee, adequate charges to cover the costs of enforcing the requirements of this section. E. Supplemental Requirements. The Environmental Resources Public Works Director, or his/her designee may impose supplemental requirements as a special condition of a Vegetation Removal Permit when necessary to carry out the intent of this Section. These supplemental standards shall be based upon the suggested standards in the latest edition of the "Tree Protection Manual for Builders and Developers" published by the Division of Forestry of the Florida Department of Agriculture and Consumer Services, or a similarly recognized reference manual. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Page 12 of 13 PART E. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART G. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re-lettered to accomplish such intention. PART I. ADOPTION. After motion and second, the vote on this ordinance was as follows: Jamie Fowler, Chair AYE Larry Leet, Vice Chair AYE James Clasby, Commissioner AYE Erin Lowry, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 2nd day of December 2025. GOMM/SS' 'k ,� O4 ARD OF COUNTY COMMISSIONERS ATTEST: J= LUCIE COUNTY, FLORIDA -144e i � Deputy Clerk eIE couNI4' �c Chair APPROVED AS TO FORM AND CORRECTNESS: BY: AP'. County Attorney Page 13 of 13 RON DESANTIS Governor CORD BYRD Secretary of State R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 December 9, 2025 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Michelle Miller, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 2025-025, which was filed in this office on December 9, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp