Developers push controversial Miami ordinance that would make it easier to cut down trees

While environmentalists and community groups raised alarms about a City of Miami permitting ordinance that would make it easier to cut down trees, a trade group for South Florida developers is working to push the ordinance across the line, according to emails WLRN reviewed through a public records request.

City Commissioner Miguel Gabela sponsored an ordinance last October that would change the way the city handles permitting for tree removal as well as trimming on private and public property. The goal, Gabela said, is to update what he calls an “antiquated” permitting system that makes it difficult for less affluent residents to deal with trees that pose a threat to their properties.

“We’re trying to cut through the red tape of when you can trim a tree,” Gabela told WLRN in an interview. “In my area, not everybody has the money or the know-how to get permits right now.”

In 2019, WLRN profiled a low-income family in Little Havana that faced $24,000 in fines after cutting a tree that they previously planted without a permit. Former city commissioner Ken Russell admitted then that current rules were created to address “speculative development,” but that low income families could face “a negative consequence” when they just want to trim their trees.

READ MORE: Miami-Dade’s first urban forestry plan puts trees at the center of battle against heat

Under the current system, tree removal takes permitting through a sometimes lengthy process that requires multiple approvals and fees. If a permit is not granted, a resident can appeal but must pay an appeal fee of $800 plus additional costs, according to the city’s website. Tree trimming only requires a permit if 25% or more of the tree is to be cut down.

Gabela’s proposal would make it simpler for owners or builders on homesteaded properties to remove trees that did not fall within specific protected categories.

For one, owners with a homestead exemption on their property would not have to replace a tree that’s been removed if they apply for a hardship exemption waiver. Under Gabela’s changes, homestead owners can qualify for an exemption if they make 140% or less than the area median income — this waiver previously only applied to households that made under 80% of the area median income.

However, a number of environmental and community groups — including the Sierra Club, Urban Paradise Guild and the Tropical Audubon Society — voiced concern about the ordinance, fearing it would make it too easy for the city’s limited tree canopy to be destroyed and that developers might take advantage.

The city is already severely lacking in shade trees, sitting well below Miami-Dade County’s goal of 30% tree canopy cover. Lack of tree cover can contribute to excessive heat and health issues in urban communities.

“I grew up in Little Havana and for me, growing up we were not told about the benefits of trees, which include everything from cooling the air, improving air quality and filtering out stormwater runoff,” Jackeline Bonilla, executive director of the nonprofit Urban Paradise Guild, told WLRN. “This affects the whole city of Miami. This isn’t just one district.”

Representatives from development groups, meanwhile, are working to ease the passage of the ordinance, according to emails obtained by WLRN pursuant to a public records request. A development association lobbyist who emailed with a city official about the issue did not appear to have been registered as a lobbyist on the tree ordinance item at the time.

The current ordinance also provides for a “Tree Trust Fund.” Fines collected for cutting down trees are paid into the fund, and the city is required by code to spend at least 80% of the fund on tree replacement and planting each fiscal year.

Budget records requested by WLRN in 2019 showed that the city had spent only about 20% of the funds generated between 2015 and 2018, and would routinely spend Tree Trust Fund money on clothing for city employees.

Commissioner Manolo Reyes said at the time that the Tree Trust Fund desperately needed an audit, and Gabela has recently echoed that sentiment. Gabela’s proposed ordinance would create a new Special Revenue Project called the “Tree Operating Account,” and half of the funds in the Tree Trust Fund would be transferred into this account if the ordinance passes.

From October of 2022 to October of 2024, the Tree Trust Fund received approximately $3 million in payments — many of them from developers and commercial property owners, according to city transaction records.

The city’s Climate Resilience Committee recommended on Monday that the Commission withdraw Gabela’s ordinance until the city can audit the existing tree permitting process.

Developers push to ‘streamline permitting’

The Builders Association of South Florida (BASF), a building trade group whose executive committee is made up of executives from companies like Lennar Homes and Florida East Coast Industries, is working to push forward Gabela’s ordinance and smooth out conflicts with other local governments, the emails show.

After Miami-Dade County Commissioner Raquel Regalado spoke against the ordinance at an Oct. 23 city commission meeting, Truly Burton, executive vice president and registered lobbyist for BASF, reached out to the county directly via email.

Burton set up a meeting with Lazaro Quintino of the Miami-Dade County Department of Environmental Resources Management (DERM) to talk about Gabela’s tree ordinance as compared to the county’s tree requirements.

“Perhaps you and I can discuss the differences between the two and some of DERM’s thoughts on this one,” Burton wrote to Quintino on Oct. 30. “I’m mainly focused on how this will impact new construction of commercial/mixed use properties and single family that’s within the City of Miami vs. County projects.”

After that meeting, BASF Trustee and incoming President Melissa Tapanes Llahues sent an email on Oct. 31 to City Commissioner Gabela’s chief of staff, Frank Castañeda, outlining the issues the county had with the ordinance.

“Hi Frank! Below, please find the comments the BASF received from Miami-Dade County Code regarding the City’s proposed update to the tree ordinance,” Tapanes Llahues wrote. “Please let us know how we can assist in incorporating the changes to the proposed legislation and sharing with County staff to ensure their buy-in. Thank you.”

Tapanes Llahues told WLRN she and BASF are looking to simplify permitting issues where city and county regulations conflict. She said in some cases the city may require a permit to remove a tree that the county requires be cut down — causing headaches and higher costs for property owners and developers.

“Our goal is to streamline permitting so we can deliver housing at the most affordable cost possible. The tree ordinance has been a challenge for many years now,” Tapanes Llahues told WLRN.

At a City Commission meeting on Dec. 12, Tapanes Llahues appeared on behalf of BASF to voice support for the ordinance during public comment.

“I’d like to just say that Commissioner Gabela has been working with the industry,” Tapanes Llahues said at the meeting. “I just wanted to let everyone know that we’re working with the commissioners’ office to make it reasonable for both developers and property owners.”

Gabela, however, said he had not spoken with Tapanes Llahues or any developers about the tree ordinance at all. “There is no collusion here, let me make it clear. I did not ask them to come [to the commission meeting.] I haven’t had any conversation pertaining to the tree ordinance with Melissa Tapanes,” Gabela told WLRN.

When told that the Builders Association had been emailing his staff and meeting with the county about his item, Gabela said he didn’t know about it. He said he was also unaware that the county said his ordinance did not meet their minimum standards for tree protection.

Tapanes Llahues was not registered as a lobbyist on the tree ordinance item while she was emailing Gabela’s office, according to the City of Miami Clerk’s office.

A lobbyist registration form filed with the City Clerk shows Tapanes Llahues registered to lobby on behalf of BASF about “permitting and process improvements” on Dec. 12, the same day she spoke at the city commission meeting. The Clerk’s office did not stamp the form as “received” until Dec. 16, the following Monday.

Burton, BASF’s vice president, paid an annual lobbyist registration fee to the city in 2024 and was registered to speak on “all permits related to construction industry” on behalf of the organization.

Tapanes Llahues told WLRN she registered on Dec. 12 because she spoke publicly in support of the tree ordinance as a representative of BASF. She said the messages she sent to Gabela’s office about the legislation did not count as lobbying, because she initially reached out as a city resident in favor of the item. The email was sent from her work account for her zoning and land use law firm.

“I was the chair of the Miami 21 zoning code task force and I’m also a city resident,” Tapanes Llahues said. “I represent many interests.”

Lobbyists are required to register with the city if they are employed by a principal to encourage an item’s passage, defeat or modification. Lobbyists can register to speak on a broad range of items pertaining to certain topics including permitting and zoning.

Meeting to discuss ordinance

The tree ordinance vote was deferred to a future commission meeting this year, though an exact date has not been set. A public “sunshine” meeting has been set for commissioners and the public to discuss the ordinance without taking a vote on it on Tuesday, Jan. 14 at 12 p.m.

Gabela said he is willing to put off the item as long as possible so the community can give him input on their concerns.

“If it needs to be postponed that’s fine. I’m not trying to pull a fast one on anyone,” he said.

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