Is the Tree on "Residential Property"?
"Residential property" is defined as "...a single-family, detached building located on a lot that is actively used for single-family residential purposes and that is either a conforming use or a legally recognized nonconforming use in accordance with the local jurisdiction’s applicable land development regulations." As such, 163.045 does not apply to multi-family dwellings or properties zoned for other uses (e.g., commercial, industrial, etc.). Similarly, the law does not apply to residential lots that have yet to be developed. The arborist should not take on the responsibility of confirming whether or not the property meets this requirement for the client.