HomeMy WebLinkAboutDocumentation_Workshop_Tab 01_9/29/2025 Agenda Item #1.
Workshop
STAFF MEMO x
Meeting: Workshop - Sep 29 2025
Staff Contact: Jeremy Allen, Village Manager Department: Manager
Discussion On Limiting Hedge Height on Residential Property
At the July 10, 2025, Regular Village of Tequesta Council Meeting, the Village Council, through a
consensus, directed staff to workshop the topic of limiting the height of hedges on residential property
as brought up by a resident during citizen comments.
Hedge Owner
• The owner of the property where the hedge is rooted (i.e., the "hedge owner") has no legal
obligation to trim or maintain the hedge to prevent healthy branches or roots from encroaching
onto a neighbor's property.
• This applies to living, non-hazardous hedges. Florida courts do not recognize claims of
negligence or nuisance against the hedge owner for such natural growth, as it is considered a
reasonable use of their property.
• Rationale: The law prioritizes avoiding endless disputes by allowing neighbors to handle
encroachments themselves, rather than forcing proactive maintenance by one party.
Rights of the Affected Neighbor
• You (the affected property owner) have the right to trim back encroaching branches or roots up
to the property line at your own expense. This is known as the "self-help" privilege.
• Limitations on trimming:
o You cannot enter the hedge owner's property without permission.
o Trimming must not harm the overall health or stability of the hedge (e.g., avoid
excessive cuts that could kill it or make it unstable).
o Dispose of trimmings responsibly, following local waste regulations (e.g., composting or
curbside pickup).
Exceptions:
• Dead, diseased, or hazardous growth: If branches or roots are dead, dying, or pose an
imminent danger (e.g., likely to fall and cause damage), the hedge owner could be held
responsible for any resulting harm. You should notify them in writing of the issue; failure to act
after notice may lead to liability for damages.
• Intentional or planted encroachment: If the hedge was deliberately planted to encroach
(e.g., roots or stems crossing the line at planting) and causes actual damage, you may have
grounds for a nuisance claim or to seek removal via court order. However, this is rare and
requires proof of malice or significant harm.
• Local ordinances: Some Florida cities or counties have additional rules on vegetation height,
overgrowth, or setbacks from property lines. Below are some municipal examples:
Jurisdiction Hedge Height Code Section
Juno Beach Min 6 ft, when used as screening for Sec. 34-983.(C)(3)
parked vehicles such as RV or boat
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Agenda Item #1.
Jurisdiction Hedge Height Code Section
trailers
Town of Jupiter Max 8ft Sec. 27-1326.(b)(2)
City of Palm Beach Gardens Max 8ft Sec 78-318(c)
Village of North Palm Beach Min 6 ft,when used as a screening Sec. 45-88 (k)(2)
City of Greenacres Min 2ft Sec. 16-1308
Town of Lake Park Max 8ft Sec. 4-6.
Town of Palm Beach Min 6ft, when used as screening. Sec. 134-2179
City of Stuart Max 2ft, when plated within an Sec. 6.04.07.
interior landscaped parking lot
Village of Royal Palm Beach Max 8ft side and rear yards; Max of Sec. 9-5.
4ft front yard.
City of West Palm Beach N/A N/A
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completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • •
BUDGET AMOUNT NA AMOUNT AVAILABLE NA EXPENDITURE AMOUNT: NA
FUNDING SOURCES: NA IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONNA
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