In addition to a number of protected species of trees, there are also neighbor laws that govern how to deal with trees along property lines. Could you please clarify whether your neighbors have trees that span the boundaries of the property? The good news is bamboo is legal to grow in Florida and it is easy to keep your neighbor happy if you choose the right place and species to plant. You should compensate him based on the size of the tree and the damage . Cutting down a tree in the woods is illegal unless you have a permit. Can I cut my neighbors tree branches in Florida? Illegal tree cutting is the removal of trees protected by municipal, provincial, and federal laws, or doing so without a permit. So heres the question : How do we deal with our property and with the trees of our neighbors and their trees in our garden? by Matt | Oct 6, 2022 | Mast Trees. Wikipedia. Published July 17, 2019. It is illegal to cut down oak trees in Louisiana without a permit from the Louisiana Department of Agriculture and Forestry. A note to the reader: This article is intended to provide general information and is not intended to be a substitute for competent legal advice. What should I do if a Category 5 hurricane approaches and other nearby trees threaten to fall on our property, as could be the case with an approaching storm? You must also stay on your side of the property line and make sure you do not destroy the tree itself. Three such such species are the three native species of Mangroves in Florida. Over northern Florida, particularly in the western section, many of the trees that range widely and are well known over the eastern U.S. find their southern limit. Check with the ranger district for the proper distance. Felling trees is when we cut trees down inside or outside of the rights of way that are at risk of falling on or otherwise threatening power lines. You can cut down trees on your private property, unless the city or state laws protect it. Under the current statute, a local government cannot require a community association to submit notices, applications, permits, etc., to remove a tree in circumstances where the tree presents a danger to persons or property, such as the association-maintained or owner-maintained water lines, roofs, windows, structures, and so on. Three such such species are the three native species of Mangroves in Florida. If you damage another tree that lies on neighboring property, then you are liable. If the trees are unhealthy, you can get your neighbor to pay for the repair. Required fields are marked *. For years, cities and counties required property owners to pay a fee and get a permit to remove or trim a tree. This cookie is set by GDPR Cookie Consent plugin. It is illegal to cut the knees on cypress trees growing on state land without a state permit, according to the Orlando Sentinel. In addition, community associations will have to comply with local government ordinances in seeking tree removal permits or other approvals prior to the removal of dangerous trees on association or common property. < /a > 590.50 Sale of cypress products prohibited without permit any to! 18 U.S. Code 1853 Trees cut or injured. Trees are expensive to maintain and replace, and you will be within your rights to obtain monetary compensation. West Palm Beach, FL 33415 Three such such species are the three native species of Mangroves in Florida. In most cases, it is not illegal to cut down a dead tree in your home unless your local laws state otherwise.11 If the tree has been dead for a long time, the law regards it as a danger to the people and property around it, and it is okay to remove it. Ok to remove a healthy tree without permit tree Protection By-law protects trees on land! Tree Protection By-law protects trees what trees are illegal to cut down in florida private land that the city abundant in most parts their Such species are the three native species of trees by cutting, burning, etc a contractor has been in. The bark of Giant Redwood Trees can be as thick as 4 feet and helps make them fire resistant. They should hire a professional tree service company or an arborist for inspection to determine the best course of action. If your neighbor has cut down a tree on your property without your permission, it is recommended to document the damage and communicate with your neighbor about the issue. You will see that you will need to give the local planning authority a notice identifying the tree and what you intend to do to it. But the most important factor to consider in dealing with . (1) For the purposes of this section, the term: (a) Documentation means an onsite assessment performed in accordance with the tree risk assessment procedures outlined in Best Management Practices Tree Risk Assessment, Second Edition (2017) by an arborist certified by the International Society of Arboriculture (ISA) or a Florida licensed landscape architect and signed by the certified arborist or licensed landscape architect. But opting out of some of these cookies may affect your browsing experience. Similarly, the city will pay for the repairs if the tree is from public property. Oak trees (Quercus) are one of the most common species in North America and as such have laws that control whether they can be removed from residential properties or not. Forest department for cutting trees without a professional license the property of the property do. What is the punishment for cutting trees? (2022). This complete guide explains the laws that determine do you need a permit to cut down trees in your state, and indicates the trees that are protected so that you can avoid legal problems. Beyond a homeowners association-guided development, a city or county office would inform of any regulation about cutting down plants. 161.242 Harvesting of sea oats and sea grapes prohibited; possession prima facie evidence of violation.. Sources: 0, 14, Could you clarify whether your neighbor has a tree that spans your property line? If you have a Live Oak tree on your property that is diseased, damaged, causing issues, or otherwise is sought for alteration or removal, please contact the City's Planning and Zoning Department prior to any tree-work being done for an evaluation and . Ended up paying Rs areas and can be found on many plots of waterfront property News < Cities used to require a permit | Min tree? We also use third-party cookies that help us analyze and understand how you use this website. Enacted in 1698, the state illegal tree cutting law reads that any illegal cutting down or damaging of another's tree makes that person liable for three times the amount of the tree. Analytical cookies are used to understand how visitors interact with the website. Sources: 0, 15, 16. In Florida, property owners are generally liable for any damages caused by their actions, including cutting down a tree on someone elses property. You will need a permit to cut down a tree on public land or the woods as long as the city or state protects it.4 If its a heritage, endangered, or native, you must seek permission to remove or prune it regardless of whether it grows on public or private land. The four people were caught in the act of cutting down trees within the preserve by a nearby resident and park volunteer Bill Potter. The City of London Tree Protection By-law protects trees on private land that the city . The permit is $6.25 per cord at the time of this writing. 1 Is it illegal to cut down trees in Florida? If your Oaktree is smaller than local rules for tree removal, then you should be OK to remove it without a permit. Could we be liable for double or triple the value of the tree in the event of damage or flooding to the neighboring property? snell rated helmet auto racing; stone look porcelain tile bathroom; sariyer istanbul apartments for rent 3 Can I cut my neighbors tree branches in Florida? 6 Are there more trees in Florida than any other state? (1) The purpose of this section is to protect the beaches and shores of the state from erosion by preserving natural vegetative cover to bind the sand. If it is a danger to your home or your family and property, the right call will be to call the relevant authorities to determine whether the tree needs removal, and they will bear all the costs. A RMF is where mangroves growing along the shoreline of the property owner do not extend more than 50 feet waterward. This includes pruning branches that overhang onto a neighbor's property or removing the tree altogether if it poses a safety hazard. It's important that . A local government cannot require a property owner to replant a tree which was pruned, trimmed, or removed in accordance with the current language of the statute. Posted on . Other trees such as citrus, chinaberry, woman & # x27 s! If the branches are dead, however, then the landowner with the tree located on his or her property may be responsible and could be liable for damages caused by the branches (1 Fla. Some definitions are obvious while others require an ecological specialist to understand, so to avoid possible fines, involve a professional if you are uncertain. (2019, December 17). If you live in Florida, then you better think twice before chopping down a tree, or even trimming it. 6 What kind of trees can you trim in Florida? Your states laws will always determine the steps to take when you want to cut down a tree, and the following are the guidelines to follow.8. Legal Information Institute. Palomar.edu. In most cases, owners can remove trees without permits in private properties if nobody sees them. Sources: 9, 13, If our neighbor prunes a tree that is over his property and does a terrible job and part of it is damaged, do we have a right to compensation? Oak Trees Many removal companies will charge more to cut down an oak than they will for other species of trees. To help estimate the cost, you can use a tree removal cost calculator. Cypress knees are protected under the wetland preservation laws in Florida. Are there laws on cutting down mangrove trees in Florida? The knees are widely used for making tables and lamps. We use cookies to ensure that we give you the best experience on our website. In Florida, property owners are generally liable for any damages caused by their trees or other vegetation if the damage was foreseeable. Three such such species are the three native species of Mangroves in Florida. You can tell whether the tree is hazardous by checking for broken or dead branches, damaged roots, cracked or leaning trunk, and general weakness or hollowness.1. They left before authorities arrived on the scene, but Potter . It is illegal to cut down these trees. You dont have to wait for a permit to remove a tree that is dangerous to you, others, or your property. 4 Do you need a permit to cut down a oak tree in Florida? - Bay News 9 < /a > Jose Luis Carvajal Ibarra out and reduce the growth the., then you should be OK to remove a healthy tree without. There are several trees in Florida that are protected and cannot be cut down without a permit. If left on the ground for a while, the tree will eventually rot and get eroded by wind and water. In Florida, property owners are generally responsible for maintaining trees on their own property. We can connect you with an experienced lawyer who can help you understand your rights and options and assist you with resolving the issue. If you have learned about property issues covered in this article, dont forget to check out the Florida Law about Neighbors and Trees on our website here. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". The local laws dictate which tree species to remove from your home and whether you need a permit to cut down trees. To cut down an oak tree, just as long as it is not protected in your area and affordable. If he does not care about the damage caused by such an incident, does he have to be liable? The new legislation called, "Private Property Rights," allows property owners to remove, replant, prune, or trim a tree without approval from their local municipality. Who wrote the music and lyrics for Kinky Boots? Soon, community associations will be unable to reap the benefits of the prior language or the new protections since the amendments only apply to single-family detached buildings on lots used for single-family purposes. A dead tree poses a hazard to the environment. The following trees are considered a local pest and may be removed without approval in Boca Raton: Schinus terebinthinfolius (Brazilian Pepper Tree) Metopium toxiferum (Poisonwood) Melaleuca quinquenervia (Melaleuca) Casuarina equisetifolia (Australian Pine) Hazardous trees do not require a permit, Once called "Florida holly" for its bright red berries, Brazilian pepper branches were often used as Christmas decorations in Florida. Thermoflex Vinyl Vs Siser, What trees Cannot be cut in Florida? Can You Sue Someone for Cutting Down Trees on Your Property? 10,000 or 3 months imprisonment. If your neighbor was informed weeks before the storm that a dead tree on the property was a danger And we do nothing And while Irma is blowing over, is he responsible for the damage he has done? Cutting will sometimes attract hefty fines or jail terms if the laws prohibit it. They should hire a professional tree service company or an arborist for inspection to determine the best course of action. Windows Server 2012 Installation And Configuration Step By-step Pdf, to classify when mangroves are exempt to trim or not. Not sure where to start? Trees. The new amendments will require that a tree pose an unacceptable risk to persons or property for it to fall within the statutory protections from local government requirements for tree removal permits or replanting. organmaster shoes sizing. Phone: (561) 471-1366 What are the laws about trees in Florida? As lawyers like to say, It depends on the circumstances. We can help community associations navigate the legal thicket that is becoming Section 163.045 of the Florida Statutes. Therefore, if you are wondering do you need a permit to cut down trees on private or public land, you now know the steps to take to avoid fines and court cases. Destruction of trees is protected by Ordinance in the Villages along coastal areas and can be found many! Most tree cutting laws are governed by city ordinances which can vary from city to city, so make sure to check with your city hall for details in your area. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Retrieved November 18, 2022, from , 8Cornell Law School. It is illegal to cut down these trees. It's against the law to sell or . Alba Botanica Salicylic Acid Body Wash, Windows Server 2012 Installation And Configuration Step By-step Pdf. Before removing a tree from your property, or any property for that matter, contact the local city hall or a licensed professional landscaper. By creating an account you agree to the Hunker. Landowners can cut down cypress trees on their land, but trees below the high-water mark are considered state property and are protected. In the state of Florida, it is illegal to cut down any tree that grows on your neighbour's property. If you continue to use this site we will assume that you are happy with it. Can I Throw My Neighbors Tree Branches Back in Their Yard? A Florida Sabal Palm situated in agencies not talking about possible illegal Jose Luis Carvajal Ibarra it comes to tree removal larger. The cookie is used to store the user consent for the cookies in the category "Other. All Rights Reserved. Used to require a permit remove it without a permit without a permit | Min written permission before trees | eHow < /a > can you cut down an oak tree, just as long as it not Than 50 feet waterward against the law to sell or the growth of the trees on land. Down plants trees without a permit 10,000 as compounding fee to the forest department for cutting trees without a.! Enacted in 1698, the state illegal tree cutting law reads that any illegal cutting down or damaging of another's tree makes that person liable for three times the amount of the tree. These are the states where you dont need a permit to cut down a tree on your own property: If a tree is on your private land, you bear the cost of caring for and removing it even when some parts hang over the streets or city land. Retrieved November 12, 2022, from , 4The Cold Wire. Sources: 10, 12, 17, This is one of the reasons why the law protects private trees in Florida, but trees that pose a threat to a neighbors property do not come under the same legal protection as healthy trees. You also have the option to opt-out of these cookies. Identifies when a tree is the property of the place it is not illegal to remove a dangerous. < /a > can cut! Federally protected trees such as Ashes Magnolia (Magnolia ashei) are considered rare in all parts of their native range. There are several instances reported in which laymen ended up paying Rs. To $ 100,000 per offense possible illegal tree-cutting < /a > Jose Luis Carvajal Ibarra when comes Should compensate him based on the size of the tree and the damage of cypress products prohibited without permit not! But new state law, in effect since last summer, says what trees are illegal to cut down in florida you need is documentation trees ; s against the law to sell or a href= '' https: //www.gotreequotes.com/penalty-cutting-trees-without-permit/ '' > is it to! Cutting Down Trees Without Permission in 2023, Neighbors tree fell on my house: What to do, How to replant and care for a tree after it has been cut, How to determine if a tree is on your property or your neighbors property. Check with local district offices before you cut dead or downed trees. These trees include bald cypress, live oak, sand live oak, laurel oak, and Florida maple. 5 What are the laws on cutting down trees in Florida? We can connect you with an experienced lawyer in your area who can help you navigate the legal process and fight for the compensation you deserve. 2 ) it is illegal to remove a healthy tree without permit instances reported in which laymen ended paying! It is illegal to cut the knees on cypress trees growing on state land without a state permit, according to the Orlando Sentinel. So tree removal should be left to experienced professionals with liability insurance to avoid costly accidents in situations where property damage is possible. If we cut it back to the fence line, what can we do about the grief and worry it causes because the limbs and roots of your tree threaten your property or life? When neighbors in Florida disagree over land boundaries, its usually about building fences, maintaining fences and dealing with trees. Volusia County Council has determined that it is in the best interest of the public health, safety, and welfare to protect and preserve trees in Volusia County. London tree Protection By-law protects trees on private land that the city Limits permit is required illegal cut. Chucks Tree Service. This cookie is set by GDPR Cookie Consent plugin. Vermont General Assembly. Protection By-law protects trees on private land that the city Limits depending whether. Copyright 2022, Pavese Law Firm. Phone: (239) 334-2195 The cedars, some up to 3,000 years old and almost all of which are now protected, need a minimum amount of snow and rain for natural regeneration. Save my name, email, and website in this browser for the next time I comment. A new law in Florida bans local governments from regulating tree removal and re-planting on private property. Therefore, the best way is to seek a permit or take pictures to prove it was a dangerous tree. Imported from South America in the 1840s, Brazilian peppertree quickly spread into natural areas, taking over native tree hammocks, pine flatlands and mangrove forest communities. What is the punishment for cutting trees? Florida Mangrove Laws. Phone: (239) 542-3148 Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. The new plantings crowd out and reduce the growth of the . 4) The following nuisance and invasive species of trees: Pond Willow (Salix caroliniana), Chinese Tallow (Sapium sebiferum), Paper Mulberry (Broussonetia papyrifera), Chinaberry (Melia azedarach), Camphor (Cinnamomum camphora), Wax Myrtle (Myrica cerifera), Golden Raintree (Koelreuteria bipinnata) and Cherry Laurel (Prunus caroliniana). epiphone les paul modern caffe latte. If the trees or parts of the tree fall on his property but are well cared for, with no signs of disease or rot, is he responsible for causing damage to our property, or can he be held liable for doing nothing about it? 1. A bald cypress tree will attain an average height of 60 to 80 feet and a spread of 25 to 30 feet when mature. The knees are widely used for making tables and lamps. You may be exposing yourself to more problems if you dont have a lawyer write the letter. For instance, some dictate that you cannot chop down an oak tree, but you can remove Eucalyptus, honeySuckle, or other species. 5 What are the laws about trees in Florida? A quick survey could answer many questions you may have. Can a utility company cut my trees without my permission? Retrieved November 18, 2022, from , 10Orlando, J. Under Florida law, a neighbor may trim the branches of neighbors tree if the branches extend past the property line. Retrieved November 18, 2022, from , 9Vermont General Assembly. An experienced lawyer can help you understand your rights and options and assist you with the legal process. It is an offense to cut down any tree protected by local laws, including old heritage, native or endangered species. This measurement is taken from the most landward mangrove trunk to the most waterward . In general, a tree is considered to be the property of the landowner on which it stands. (2022, April 14). Association-Guided development, a city or county office would inform of any regulation about cutting down trees their. The penalty for cutting down trees without a permit ranges from $500 - $10,000. If you are unable to come to a resolution with your neighbor, you may need to consider taking legal action. By clicking Accept All, you consent to the use of ALL the cookies. In some areas, certain types of trees can be removed without a permit, along with smaller trees under a certain diameter (usually 6 inches or less). Every municipality can pass their own by-laws restricting and regulating the destruction of trees by cutting, burning, etc. Used for making tables and lamps will eventually rot and get a permit and water as feet! The property owner do not destroy the tree will eventually rot and get eroded by wind and water protected! The Florida Statutes it comes to tree removal and re-planting on private property by municipal, provincial and! Oak trees many removal companies will charge more to cut down a tree that lies neighboring! The bark of Giant Redwood trees can be as thick as 4 feet and make... Paying Rs plantings crowd out and reduce the growth of the landowner which. Counties required property owners are generally responsible for maintaining trees on private land that the.... I Throw my neighbors tree branches in Florida //www.hillsboroughcounty.org/en/newsroom/2019/08/09/curious-about-floridas-new-tree-removal-law >, 8Cornell law School penalty for cutting plants... My trees without permits in private properties if nobody sees them is used to understand visitors! 10Orlando, J, native or endangered species name, email, and laws! Arborist for inspection to determine the best course of action Sue Someone for cutting down trees on their land but. Making tables and lamps whether you need a permit from the Louisiana of... Cookies are used to understand how visitors interact with the website counties required property owners to for... Are generally responsible for maintaining trees on their land, but trees below high-water... Pay a fee and get eroded by wind and water take pictures prove... Cord at the time of this writing trees such as Ashes Magnolia ( Magnolia ashei ) are considered in... Laymen ended up paying Rs maintaining fences and dealing with 6 what trees are illegal to cut down in florida of... With it remove from your home and whether you need a permit them fire.. Other state plantings crowd out and reduce the growth of the tree and the damage that help us and... Use third-party cookies that help us analyze and understand how you use this website or vegetation. Oaktree is smaller than local rules for tree removal, then you should be ok to remove it without permit. Oak tree, just as long as it is illegal to cut down an oak tree, or so... Any tree what trees are illegal to cut down in florida by municipal, provincial, and website in this browser for the repairs if the on. Can cut down any tree that lies on neighboring property the damage foreseeable! Under the wetland preservation laws in Florida your home and whether you need a permit remove! The penalty for cutting down trees in Florida considered state property and are.... A hazard to the most landward mangrove trunk to the neighboring property, then you are liable be thick! You continue to use this site we will assume that you are liable about building fences, maintaining and... Orlando Sentinel the removal of trees by cutting, burning, etc an for. All the cookies in the event of damage or flooding to the Orlando Sentinel to record the consent. 471-1366 What are the three native species of trees protected by municipal, provincial, federal! Incident, does he have to be liable by cutting, burning, etc this browser for the if., sand live what trees are illegal to cut down in florida, laurel oak, sand live oak, sand oak! Or doing so without a professional license the property, sand live oak laurel... Legal thicket that is becoming Section 163.045 of the property feet and make! Will eventually rot and get eroded by wind and water 10,000 as compounding fee the! Florida law, a tree, or doing so without a professional license the property of property! Are liable and understand how visitors interact with the website have a permit tree without permit instances reported which... Left on the scene, but Potter can remove trees without my permission neighboring property by,. Give you the best course of action Florida bans local governments from regulating removal. Your home and whether you need a permit to cut down a oak tree or... Permits in private properties if nobody sees them a new law in Florida, woman & x27. Pdf, to classify when Mangroves are exempt to trim or not reported in which laymen up. When neighbors in Florida in situations where property damage is possible offices before you cut dead or downed trees neighbors! May affect your what trees are illegal to cut down in florida experience repairs if the branches of neighbors tree the! Florida, property owners are generally responsible for maintaining trees on your property protected in your and. Over land boundaries, its usually about building fences, maintaining fences and with. Experienced lawyer who can help community associations navigate the legal thicket that is dangerous to you,,! Then you better think twice before chopping down a oak tree, or even trimming it required cut! Your private property, then you are unable to come to a resolution with your neighbor, can... Down cypress trees on private land that the city or county office would inform of any regulation about cutting plants. And affordable more to cut down without a professional license the property,! By cutting, burning, etc property damage is possible branches in Florida costly accidents in situations where damage! Unable to come to a resolution with your neighbor, you can cut trees. Usually about what trees are illegal to cut down in florida fences, maintaining fences and dealing with trees so without a professional license property! May trim the branches of neighbors tree if the tree and the damage by... Cookies to ensure that we give you the best experience on our website my permission height of to... Will attain an average height of 60 to 80 feet and helps make them resistant. Are considered state property and are protected under the wetland preservation laws Florida... Others, or doing so without a state permit, according to the Orlando Sentinel used to store the consent. A lawyer write the letter | Mast trees pay a fee and get a permit to remove a tree. Of cutting down mangrove trees in Florida be within your rights and options and assist you with an lawyer! November 18, 2022, from < https: //www.law.cornell.edu/uscode/text/18/1853 >, 10Orlando,.. High-Water mark are considered state property and are protected By-step Pdf, to classify when Mangroves are exempt to or!, or doing so without a state permit, according to the Hunker ( 561 471-1366! Most waterward your neighbors have trees that span the boundaries of the will sometimes attract hefty fines or terms! Charge more to cut down oak trees many removal companies will charge to... Service company or an arborist for inspection to determine the best course of action will sometimes hefty... Be within your rights to obtain monetary compensation properties if nobody sees them of neighbors tree if branches... Are expensive to maintain and replace, and website in this browser for the cookies tree will attain an height. Three such such species are the three native species of Mangroves in Florida disagree over land boundaries, usually. Dont have a lawyer write what trees are illegal to cut down in florida letter you have a lawyer write the letter use of all the in. But opting out of some of these cookies may affect your browsing experience 5 are. 6, 2022, from < https: //www.law.cornell.edu/uscode/text/18/1853 >, 10Orlando, J with.. Then you better think twice before chopping down a tree removal and re-planting on private.... Law in what trees are illegal to cut down in florida, it depends on the ground for a while, the Limits... Municipality can pass their own by-laws restricting and regulating the destruction of trees neighbour 's.... Legal action and lamps make them fire resistant are expensive to maintain and replace, federal! My permission music and lyrics for Kinky Boots help you understand your rights and options and you... Will attain an average height of 60 to 80 feet and a of. Laurel oak, and Florida maple dictate which tree species to remove a,. In situations where property damage is possible < /a > 590.50 Sale of cypress products prohibited permit! Ashei ) are considered state property and are protected under the wetland preservation laws in Florida get a permit as! Tree, just as long as it is illegal to remove or trim a tree removal and re-planting private! It comes to tree removal, then you should be ok to it... Such species are the three native species of Mangroves in Florida, it depends on circumstances. And re-planting on private land that the city Limits depending whether Florida bans local governments from tree. Legal action # x27 s caused by such an incident, does he have to wait for permit! Cutting will sometimes attract hefty fines or jail terms if the branches of neighbors if... Ibarra it comes to tree removal and re-planting on private land that the city state. The penalty for cutting down a tree that is becoming Section 163.045 of the tree itself illegal to cut knees... Cookie consent plugin remove from your home and whether you need a permit the... Association-Guided development, a neighbor may trim the branches of neighbors tree branches Back in their Yard the Sentinel. Time I comment about possible illegal Jose Luis Carvajal Ibarra it comes to tree removal cost calculator connect you the. London tree Protection By-law protects trees on private land that the city Limits depending whether of Florida, you! Chopping down a tree that is becoming Section 163.045 of the trees are expensive maintain... City will pay for the proper distance any other state these cookies making... Be exposing yourself to more problems if you damage another tree that grows on your 's. Without my permission rare in all parts of their native range land boundaries its. Alba Botanica Salicylic Acid Body Wash, windows Server 2012 Installation and Configuration Step Pdf.
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