'Tree City USA' Fernandina Beach passes Higher Fines for Cutting Multiple Trees

The Fernandina Beach City Commission on Tuesday passed strengthening penalties for property owners who remove multiple trees without a permit, adopting a per-tree fine structure that can reach as high as $20,000 per tree depending on size. The Land Development Code (LDC) amendment is intended to clarify how fines are calculated when two or more trees are taken down and to ensure minimum penalties apply to larger developments.

The vote is to revise Ordinance 2026-05, Section 11.08.04 of the city’s LDC governing violations of tree permit requirements passed 5-0.

Under the amendment, when two or more trees are removed without authorization, fines would be assessed per tree based on trunk diameter at breast height (DBH).

“DBH” is the standard forestry measurement of a tree’s trunk taken 4½ feet above the ground. DBH is used nationwide because it provides a consistent way to measure tree size and value. Larger-diameter trees generally represent decades of growth and provide greater environmental benefits, including expanded canopy cover, shade, stormwater absorption and wildlife habitat. Under the proposed fine schedule, the larger the DBH, the higher the per-tree penalty, reflecting the greater ecological and community impact of removing mature trees.

The new schedule is:

• 6–17 inches DBH: $1,000 per tree

• 18–25 inches DBH: $5,000 per tree

• 26–35 inches DBH: $15,000 per tree

• 36 inches DBH and above: $20,000 per tree

Individual residential property owners — defined to include single-family homes, duplexes and triplexes — would continue to face a $1,000 fine for a first unauthorized removal, along with required restoration planting.

For multi-family, subdivision, mixed-use and non-residential properties, the ordinance retains a minimum $5,000 fine for a first violation, or the total calculated per-tree fine, whichever is greater.

City staff have said the change is intended to eliminate ambiguity in how fines are applied when more than one tree is removed and to ensure larger projects face meaningful penalties.

The amendment also clarifies that appeals of tree-removal fines would be heard by the city’s special magistrate in accordance with Section 2-399 of the City Code.

According to the agenda item synopsis, the language was further refined to specify that the reference to a “single lot of record” includes single-family homes, duplexes and triplexes, addressing a comment raised by the Planning Advisory Board Summary (1).

The Planning Advisory Board, acting as the city’s Local Planning Agency, unanimously recommended approval of the amendment at its Dec. 10 meeting. In its review, the board emphasized priorities that include protection of natural resources, sustainability and preservation of community character.

"We're fixing the LDC, clarifying the LDC and I would say eliminating 99% of the time that there's going to be a misinterpretation or somebody trying to come up with an alternative interpretation of what the penalty is going to be," said PAB member Pete Stevenson at the December meeting.

The changes come as Fernandina Beach continues to highlight its status as a Tree City USA community, a national designation awarded by the Arbor Day Foundation to municipalities that meet specific urban forestry standards. To qualify, a city must maintain a tree board or department, adopt a tree care ordinance, spend at least $2 per capita annually on urban forestry and hold an annual Arbor Day observance.

Fernandina Beach’s Land Development Code requires permits for removal of protected trees and typically mandates mitigation or replacement plantings when trees are removed. The restoration planting requirement remains part of the enforcement framework under the proposed amendment. City officials have frequently cited the community’s mature canopy as integral to neighborhood character, stormwater management, shade and heat reduction, wildlife habitat and overall quality of life.

The Business Impact Estimate in the agenda packet indicates that the ordinance does not introduce new fees but rather clarifies current fines. It specifies that the direct compliance costs for businesses are zero, with impacts arising solely in instances of unauthorized tree removal.

The ordinance passed was for first reading Tuesday. It will return for a second reading before final adoption and would take effect immediately upon enactment.