On December 8, 2021, at the request of Commissioner Steven Meiner, the City Commission referred the subject discussion (R5 E) to the Land Use and Sustainability Committee (LUSC). The item was first placed on the February 2022 LUSC agenda, and it was continued or deferred at each subsequent agenda up until April 19, 2023.

On April 19, 2023, the item was deferred to the June 20, 2023, LUSC meeting, with no discussion. On June 20, 2023, the item was deferred to the September 27, 2023, LUSC meeting, at the request of the sponsor. On September 27, 2023, the item was deferred to the January 2024 LUSC meeting, with no discussion. While the LUSC was reconstituted on January 31, 2024, no meeting was held in January 2024.

On February 26, 2024, the item was deferred to the March 19, 2024, LUSC meeting. On March 19, 2024 the item was deferred to the June 10, 2024 LUSC meeting.

On December 8, 2021, the City Commission approved, at First Reading, an amendment to Chapter 46 of the City Code pertaining to the removal of trees and palms identified in Landscape Neighborhood Overlays. Attached is the Commission Memo and ordinance from the December 8, 2021, meeting.  The ordinance was a companion to an amendment to Chapter 126 of the Land Development Regulations of the City Code, which established the framework for creating Landscape Neighborhood Overlays.

The subject ordinance also proposed to allow palms to be considered for heritage tree designation. Currently certain types of canopy trees are eligible for heritage tree designation due to the nature and intent of heritage tree definition and criteria. The City Commission did not approve the proposal to allow palms to be considered for heritage tree designation and referred this portion of the ordinance to the LUSC for further discussion.

Heritage Tree Information

A heritage tree is designated through Ch. 46-63(1) of the Miami Beach City Code. It is an individual tree (or group of trees) with unique value, which is (are) considered irreplaceable. The major criteria for heritage tree designation are age, rarity, and size. Aesthetic, botanical, ecological and historical value are also considered. The majority of trees that would meet heritage tree specifications are trees found in parks, greenspaces and public properties. In contrast, most palms are a uniform species and are more easily replaceable than canopy trees and ordinarily do not meet the criteria for heritage trees.

Additional considerations include:

• There is a fiscal impact related to such a designation. Heritage tree recipients are entitled to a $750 subsidy every four (4) years. Funding is to be used towards pruning and assessments of the designated tree.
•  Heritage trees must be preserved during any proposed construction.
• Heritage trees may only be removed after an arborist report is conducted demonstrating that removal is necessary to avoid an immediate peril to life and or property.
• Proposed work must be redesigned in order to preserve heritage trees.
• Relocation is a last resort.
• Designation of palms as heritage trees would require considerable staff or consultant resources as additional reports and inspections are required for each designated tree.

Finally, an unintended consequence of designating palms as heritage trees in the right of way would be further restricting the ability for the City to improve infrastructure such as stormwater and drainage and water and sewer systems.  Private property would also have additional restrictions. 

The Administration recommends that the Land Use and Sustainability Committee discuss the item and provide a recommendation, if applicable, to the City Commission.