Atlanta exempts Beltline, others from parts of tree ordinance to expedite projects

Proponents said the move would allow the city to clear a backlog of projects they said have been delayed by the tree ordinance, but environmentalists warned the waiver could hamper the city’s ability to maintain its trademark tree canopy.

The exemption comes as Atlanta council members are expected to soon consider major changes to the city’s aging tree ordinance, which was written more than two decades ago and has seen only modest tweaks in the years since. Atlanta, meanwhile, has lost significant amounts of the urban tree canopy responsible for its “city in the forest” label.

Credit: TNS

Credit: TNS

The city has adopted a goal of maintaining 50% canopy coverage, but the last comprehensive canopy assessment completed in 2018 by Georgia Tech scientist Tony Giarrusso found Atlanta’s canopy had shrunk to roughly 46.5%. New development has likely claimed even more trees, and the full scale of losses could be revealed in a new canopy survey set to be released in the coming months. As the city heats up because of human-caused climate change, research has found tree cover is the city’s best buffer against further warming.

The tree ordinance exemption was sponsored by council members Dustin Hillis and Marci Collier Overstreet, who represent portions of northwest and southwest Atlanta, respectively. After amendments were adopted to add a sunset date to the exemption and to tweak other language, the measure was approved unanimously. Council members Liliana Bakhtiari and Andrea Boone did not vote.

Credit: arvin.temkar@ajc.com

Credit: arvin.temkar@ajc.com

Credit: Miguel Martinez

Credit: Miguel Martinez

The waiver applies to projects by Atlanta’s Watershed Management, Transportation and Enterprise Assets Management departments, plus the Beltline and the Path Foundation, a nonprofit that develops trails across the region.

The measure says the city remains committed to growing its canopy, but says the tree ordinance’s requirements “may inadvertently slow or obstruct essential public infrastructure projects, causing delays and higher costs.” During a council committee meeting last week, Hillis ticked through a list of projects — new fire stations, sidewalks, walking paths and more — he said had been delayed by the city’s tree removal and replacement rules.

“Those are examples of some of the projects that need to move forward,” he said.

Credit: arvin.temkar@ajc.com

Credit: arvin.temkar@ajc.com

To take down a tree in Atlanta, homeowners and developers have to apply for and obtain a permit from the city, receive city arborist sign-off on a tree replacement plan and much more.

Now, projects that fall under those city departments and partners will be exempt from most of the ordinance requirements. Projects covered by the exemption will still have to replace trees removed on the site “to the maximum extent feasible.” For trees that are removed but cannot be replanted on the site, the city will have to pay “recompense” — a fee for their removal — into Atlanta’s tree trust fund. Right now, that fee is set at $100 per tree, plus an additional $30 per inch diameter, with a cap of $5,000 per acre.

Tree advocates and the council itself have said that is far less than what it actually costs to plant a new tree. Increases to the recompense has been one of the top priorities — and sticking points — in the yearslong negotiations over the rewrite of the city’s tree protection ordinance.

Environmental groups pushed the city to commit to recompense that is in line with real-world tree replacement costs, but the change did not gain traction.

Tree regulations may slow infrastructure projects, but deLille Anthony, who co-founded the grassroots organization The Tree Next Door, criticized council for allowing the city to continue paying “inadequate” fees for tree removal.

“If the city were truly committed to its 50% canopy goal, it should be leading by example by fully covering the full cost of replanting any trees it cannot replace,” Anthony said.

The exemption will expire once a new tree ordinance takes effect or by March 17, 2026, whichever comes first.

The City Council last tweaked the city’s tree ordinance in late 2022, when it established new rules for planting trees in parking lots and along streets surrounding new developments, among other regulations. But past efforts at a wholesale rewrite have been torpedoed by the competing interests of tree advocates and builders.

In recent committee meetings, other members have also signaled that the ordinance revamp that has been in the works for years could come before council for a vote as soon as next month. Before Monday’s vote, council member Bakhtiari said passing a new tree ordinance is a top priority this year.

“My constituency wants it, we’ve been dragging this on forever ... and it’s far easier to change the local environment than it is the national one,” Bakhtiari said.

A note of disclosure

This coverage is supported by a partnership with Green South Foundation and Journalism Funding Partners. You can learn more and support our climate reporting by donating at AJC.com/donate/climate.