Friday

05-02-2025 Vol 1948

Atlanta’s New Tree Protection Ordinance: A Landmark Change for Urban Canopy Conservation

In 2019, a dedicated member of the Atlanta Tree Conservation Commission (TCC) began advocating for crucial changes in the city’s approach to tree protection.

The TCC, established by the 2001 Atlanta Tree Protection Ordinance (TPO), was designed to address appeals related to city arborists’ decisions on tree removals.

However, many appeals typically stem from developers who engage in clear-cutting practices and pay recompense to bypass tree conservation efforts.

Recompense, the payment made to Atlanta’s Tree Trust Fund, funds initiatives for planting new trees and acquiring forested properties, but it has been insufficient in halting tree loss.

Communicating the urgency of protective measures, the 2001 TPO lacks a clear Tree Preservation Standard, allowing developers to remove trees beyond what is necessary for construction.

This loophole has led to rampant clear-cutting practices, where developers eliminate all trees on a site, resulting in significant ecological and community impacts.

Recognizing this crisis, in 2017, the City hired two consultancy teams to propose revisions to the TPO.

Unfortunately, the proposed revisions proved inadequate, prompting City leadership to initiate a fresh draft in 2020.

In March 2020, the initiative gathered momentum as a Citizens Group was born, comprising local tree advocates, city officials, and concerned citizens to devise a new TPO.

Key players like Kathryn Kolb, a tree ordinance expert, and Howard Katzman, a retired builder, joined efforts under the group’s coordination, amplifying the cause.

This citizen-driven effort garnered attention from Atlanta City Council members, who directed the Planning Department to collaborate on drafting effective recommendations.

The necessity for reform is dire; Atlanta currently loses approximately 0.43 acres of trees daily.

Data from 2021 highlights alarming statistics, ranking Atlanta as the fifth worst city for tree loss in the U.S., with a particular spike in healthy tree loss from 2019 to 2023.

The overwhelming majority of Atlanta’s trees exist on single-family residential properties, where the leading cause of loss relates to developer-led clear-cutting.

From 2020 to 2021, the Planning Department engaged in extensive dialogue with various stakeholders, including the Citizens Group, developers, and the Council for Quality Growth (CQG) to shape a new TPO framework.

Although a draft TPO was introduced by Council member Michael Julian Bond in 2021, it failed to reach a vote.

Nonetheless, discussions continued in 2022-2024 among interested parties to develop a compromise that safeguarded both the rights of developers and tree conservation.

In November 2024, Planning Commissioner Jahnee Prince unveiled the new draft TPO, which incorporates a vital Preservation Standard.

This Preservation Standard emphasizes the following key points: it protects the rights of developers and landowners to build; allows for the removal of necessary trees; and mandates the preservation of trees that are not needed for cutting.

As a result, clear-cutting on medium and large single-family residential properties would cease, largely thanks to the rigorous testing conducted on properties across various zoning districts for three years.

With the aim of fostering responsible development, the new TPO also revises recompense rates from the outdated 2001 figures to align with the projected 2025 fair market values for tree replanting.

Acknowledging the importance of affordable housing, the TPO allows a 50 percent discount in recompense for developers building affordable units, with conditions allowing up to a 100 percent waiver in recompense for particular projects.

This incentivization is a crucial mechanism designed to promote affordable housing development while ensuring tree conservation.

Therefore, the TPO is projected to achieve several significant outcomes: it will reduce existing tree loss in residential developments, permit essential tree removal for construction, preserve tree canopies and natural soil for effective stormwater management, and raise recompense to the actual replanting cost without increasing housing costs.

Many developers have voiced concerns over what they claim is an exorbitant 800 percent increase in recompense related to the TPO.

However, these assertions contrast starkly with the reality, as the current recompense rate stands at $30 for each diameter inch, while the cost to replant a tree is estimated at $260 per inch.

The proposed TPO gradually transitions recompense over four years to reflect the realistic costs associated with tree planting, making this adjustment long-overdue rather than exorbitant.

Ultimately, it is estimated that the revised recompense will constitute less than 2 percent of the average house price, posing negligible impact relative to prevailing market dynamics.

Despite claims from CQG and some developers that the TPO may hinder affordable housing initiatives and disrupt the housing market, the evidence does not substantiate these concerns.

In fact, the TPO actively fosters opportunities for affordable housing construction through recompense waivers, demonstrating a balanced perspective on development and environmental stewardship.

Unfortunately, some factions within the development industry seek to delay the voting process on the TPO, leveraging claims that are not backed by conclusive data to extend the timeline for addressed concerns.

With the unwavering dedication from the Planning Department and the clear support of local stakeholders, substantial progress has been made towards the enactment of a modern TPO designed to end destructive clear-cutting practices in residential neighborhoods.

Recognizing the significant legacy of Atlanta’s trees—celebrated as a “Place of a Lifetime” by National Geographic—it is crucial that the City prioritizes measures to protect urban greenery against counterproductive development initiatives.

Jahnee Prince and her team have crafted a comprehensive TPO that addresses community needs, tree preservation, and viable development opportunities.

The time has come for Atlanta to rally behind this initiative and ardently support the passing of the new Tree Protection Ordinance, paving the way for a greener, more sustainable future.

image source from:https://saportareport.com/the-new-tree-protection-ordinance-will-save-atlantas-trees-will-not-increase-the-cost-of-housing/columnists/guestcolumn/derek/

Abigail Harper