After years of intense deliberation, officials from the Atlanta Department of City Planning signaled their readiness to advance a significant revamp of the city’s tree protection regulations this past Thursday.
While environmental advocates have generally supported the move to strengthen these regulations, some developers have voiced their concerns regarding the latest proposals intended to protect Atlanta’s status as the ‘city in the forest.’
Jim Cheeks, the founder and CEO of Fortas Homes, a builder specializing in affordable housing, remarked that the proposed tree removal fees could present substantial obstacles to his projects.
Cheeks emphasized, “This ordinance does not balance tree preservation with housing,” during an Atlanta City Council work session, which updated stakeholders on the latest revisions to the ordinance.
Originally enacted in 2001, Atlanta’s current tree ordinance, which outlines the rules for removing and replacing trees, has undergone only minor adjustments during nearly a quarter of a century.
Numerous previous attempts at a comprehensive rewrite have faltered due to disagreements between developers and environmentalists.
Atlanta has set an ambitious goal of achieving 50% tree canopy coverage, but the city’s actual tree cover has consistently fallen short of this target.
According to a study by Georgia Tech researchers in 2018, Atlanta’s canopy coverage was at 46.5%, a decrease of 1.5 percentage points since 2008.
Many advocates for trees anticipate that the forthcoming assessment will reveal that the coverage has now dipped below 45%.
The trees in Atlanta symbolize more than just beauty; they play a crucial role in safeguarding public health amid the intensifying challenges posed by climate change.
A study conducted in 2023, prompted by City Council members Liliana Bakhtiari and Matt Westmoreland, revealed that neighborhoods with abundant tree cover are considerably cooler than those lacking in greenery during hot days.
As extreme rainfall events become more common, forested areas also play a vital role in stormwater management, an ecological service that is becoming increasingly valuable.
In sharing a draft of the revised ordinance during the City Council work session, City Planning Commissioner Jahnee Prince outlined significant changes in the proposal.
The complex proposal includes an increase in fees for tree removals, known as recompense.
Under the current legislation, developers are required to pay $100 plus $30 for each inch of the tree’s trunk diameter if they choose to remove a tree, with a cap of $5,000 per acre.
However, city officials contend that this recompense structure is insufficient to cover the actual costs associated with tree replacement, and advocates argue it fails to deter clear-cutting.
The draft ordinance proposes to eliminate the per-acre cap and gradually raise the recompense over a four-year period—from $120 per inch diameter of tree trunk removed to $260 by 2028.
Fees would vary according to the species of the removed tree, with lower fees for “non-priority” species and zero fees for invasive species.
Affordable housing projects would qualify for reduced fees, and developers could lessen their recompense responsibilities by replanting trees on their own.
Prince stated, “We would rather have our developers plant trees and write us a check.”
The proposal further includes a significant increase in fines for illegal tree removals, increasing from $60,000 per acre to $260,000.
Additionally, a tree preservation standard for single-family residential lots is being considered, as approximately 76% of Atlanta’s tree canopy is located in these areas.
Unlike an earlier draft released in January, the new version would also implement a preservation standard for commercial lots, reflecting the city’s need to realize the 50% canopy goal.
Prince asserted, “We’re not going to hit the 50% canopy goal without having preservation on our commercial lots.”
During the work session, reactions were mixed.
Tree advocates appeared generally satisfied with the proposed changes, whereas developers expressed notable apprehension.
Kevin Norton, representing Empire Communities—a large home builder with projects across several U.S. states and Canada—voiced concerns that the passing of this ordinance could hinder or slow down development processes.
He acknowledged support for increasing tree removal fees but stated that he believes the existing ordinance is effective and should largely remain intact.
“If a new TPO (tree protection ordinance) is moved forward, we do strongly encourage project testing so that it can be further evaluated before we enact it,” Norton added.
Developers have consistently called for the postponement of substantial portions of the rewrite, expressing fears over its impact on development timelines and processes.
In a March letter to Mayor Andre Dickens and city officials, the Council for Quality Growth—representing the interests of Atlanta’s “growth and development” industry—suggested a progressive increase in recompense immediately, while deferring most other aspects of the revision.
Conservationist Kathryn Kolb, who leads multiple tree advocacy groups seeking modernization of the ordinance, urged developers to collaborate for a solution that can be universally accepted.
She remarked, “We would love to see the development community step forward with a responsible approach, which is not to say that we can’t do it … but to really work with us to find a consensus to move forward in this direction.”
For the new ordinance to gain legality, it will require approval from the City Council.
Some council members acknowledged the enormity of the challenge they face in navigating this complex legislation.
Council member Bakhtiari remarked, “This is going to be — and I think my colleagues will agree with me — the most difficult, complex piece of legislation we will vote on this term.”
The updated draft is expected to be presented to the City Council’s Community Development and Human Services Committee later this month.
If passed, it will subsequently move to the full council for voting.
Environmental lawyer Chet Tisdale, serving on Atlanta’s tree commission, highlighted the urgency of the situation, stating, “This is the year City Council stands up and says, ‘We’re passing an ordinance that will save the city in the forest.’”
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