Tree Ordinance Not Enforced

Until October 2019, trees removed on private property were not being counted because there were no quarterly reports being produced by the Arborist Division.  Trees removed on public property still are not being counted.

Section 158-103(f) requires a quarterly report showing the total number and DBH of trees removed by various categories, including DDH (dead, dying, or hazardous) trees. The City Arborist Division used to produce these quarterly reports for trees on private property, but had not produced any reports since the introduction of the Accela reporting system.  Accela did not compile the tree data required by Sec. 158-103(f) of the Tree Protection Ordinance, and the City claimed that due to staffing issues they did not have the resources to create this report themselves.

Sec. 158-103(f) The city arborist* shall prepare a quarterly report to be presented to the tree conservation commission. The report shall include the total number and DBH of trees removed and/or the total number and DBH of trees replanted during the preceding quarter in each of the following categories: maximum recompense per acre, dead/dying/diseased/hazardous removal, landscaping permit, silvicultural removal, buildable area removal, parking lots, illegal removal, off-site planting, or any other permit or penalty category not listed. The report shall also include acreage, total number of trees and total DBH for any newly created conservation easements or newly created parklands.

*According to Sec. 158-26 (Definitions) of the Atlanta Tree Protection Ordinance, the term "city arborist" applies to both the Department of Planning and the Office of Parks: "City arborist shall mean an agent of the department of planning and community development responsible for administering this article regarding private property, or an agent of the department of parks, recreation and cultural affairs responsible for administering this article regarding public property."

Quarterly Reports Status Update

October 10, 2019:  The City Arborist Department finally releases a quarterly report showing the number of trees that were removed on private property in the third quarter of 2019*. This is the first time we have had a quarterly report on private property trees in over a decade. (We still have no data on public property trees, which are managed in the Parks Deparment.)

From 2009 to 2019, the City Arborist Department was collecting this data, but not reporting on it, which means that until October 2019 we had no way to quantitatively understand how our the 90% of our tree canopy that resides on private property was being impacted by development, aging, disease, and other environmental factors.

As we have watched City Planning progress further into the tree ordinance rewrite over these past few months, it has alarmed us that all the rewrite team's new proposals have not been based on data, but public perception and developer opinion.  Now that the City can tabulate the records in Accela for a quarterly report, we hope they will use this data to determine the appropriate solutions to mitigate tree loss in the rewrite of the new tree ordinance. Furthermore, this data can be used to help create a master plan which is also required by the tree ordinance but has never been written. For more information on the 3rd quarter report, click here. 

February 2, 2019:  According to the Reporter Newspapers, Elizabeth Johnson, Project Manager with the Department of Planning, said "the [quarterly] reports have not been produced due to the lack of a staff member who can code them into a newer city records software called Accela. An Accela administrator left in August and a replacement was scheduled to start in January. 'Reporting for the Office of Buildings, including the Arborist, is a main priority for this individual,' she said."

Our Response:

The departure of an Accela administrator in August 2018 does not explain why the Arborist Division had not produced a quarterly report since 2008.  

*The 3rd quarter report released October 2019 is for trees on private property only; therefore, we do not have this information for trees on public property, which falls under the purview of the Office of Parks.

“Saved” trees are being destroyed due to lack of proper tree fencing.

According to Section 158-35(c), fences must be installed around root save areas before any land disturbance, demolition, or construction starts. While mesh fencing is allowed to protect trees in the rear of single family residences, chain link or substantial wood fencing is required to protect trees on non-single family residential properties and the front yards of single-family homes.  These sturdy fences are also required for trees with a critical root zone impacted by over 20%, trees saved through an appeal, and whenever the City Arborist finds a significant risk to a saved tree's critical root zone.

Unfortunately, we have discovered that the Arborist Division isn't consistently ensuring these fences are installed properly. It can take many weeks for them to enforce proper tree fencing after a citizen complaint, at which time the "saved" trees may already be destroyed. 

Sec. 158-35(c)Tree protection. Fences surrounding root save areas must be erected before the commencement of any land disturbance, demolition or construction. Fences must comply with City of Atlanta arboricultural standards and must be constructed of chain link, wood, or substantial mesh material, with a minimum height of four feet. Chain link or substantial wood fencing must be used in the following circumstances:

(1) All commercial, multi-family residential, and mixed-use development projects;

(2) Protection of trees in the front yards of single-family residential properties;

(3) Protection of trees that have been approved for CRZ impacts greater than 20 percent;

(4) Protection of trees for which an appeal of the tree's destruction was appealed to, and upheld by, the tree conservation commission; or

(5) Any other situation where the city arborist finds a significant ant risk of damage to a saved tree's critical root zone. The city arborist may require these measures at any time, including after commencement of site disturbance.

No activity, including construction material storage, shall occur in areas protected by tree fences. Tree protection fences must remain in place and upright until such time as final landscaping of a site requires their removal. The arborist may assess recompense against the violator if, in the arborist's opinion, the incursion has converted trees from the status of saved trees to the status of injured, lost, or destroyed trees, as set forth in this section above.

No precontruction conference means protected trees are not being saved.

Section 158-106 mandates an on-site conference between the developer and the arborist for a final tree fence inspection before demolition, grading, or construction begins. With no preconstruction conferences, developers have been allowed to grade lots, cut down trees, and refuse to put up tree fences, often before the preliminary approval of tree removal (yellow sign posting) is completed.

Sec. 158-106.  Preconstruction conference. Upon approval of any permit for grading, demolition or construction, no work shall commence, no grading shall be undertaken and no trees shall be removed prior to a preconstruction conference on the site between the city arborist and the applicant or their designees. The city arborist shall inspect the site to assure the accuracy of permit application data and shall inspect tree protection fences and other protective devices which have been installed to protect trees. After the inspection is complete, the city arborist shall notify the director, and thereupon demolition, grading and construction may proceed. It is further provided that for any permit for an addition to a one-family or two-family residence, the city arborist may rely on data submitted in the application and certified by the applicant for the building permit in lieu of a preconstruction conference on the site. (Code 1977, § 10-2037(h); Ord. No. 2001-102, § 2, 12-11-01; Ord. No. 2003-03, §§ 1, 2, 1-13- 03)

Preconstruction Conference Status Update:

February 2, 2019:  Elizabeth Johnson, Project Manager with the Department of Planning told the Reporter Newspapers that "We are implementing this [preconstruction conference] practice based on available resources and staffing. Currently, pre-demolition inspections are required on every site. In addition, we have posted a job advertisement for a staff arborist to increase staff resources.”

November 8, 2018:  Kathy Evans, Senior Administrative Analyst for the Atlanta Tree Conservation Commission wrote an email to David Zaparanick which said, "We are in the process of establishing the standards for this [preconstruction conference] practice and will submitted [sic] to the Tree Conservation Commission for review."

October 28, 2018:  David Zaparanick, Arboricultural Manager for the City of Atlanta wrote an email to Stephanie Coffin, TTND member, which said, "At this time, demolition permits only are required to have a pre-demolition inspection, because of a lack of field arborists to cover all permits reviewed in the Arborist Division."  David provided in the email the current standard of practice with regard to pre-demolition inspections and said that he would submit the procedure and process to the TCC at the next business meeting, November 14, 2018.

Our Response:

The problem with having only a pre-demolition inspection is that not every construction project is proceeded by a demolition, and even when there is demolition, site plans and property ownership can change before construction begins.  The trees impacted by demolition are often very different from the trees impacted by construction.  Unless the demolition and construction site plans are exactly the same, a separate preconstruction conference in addition to the pre-demolition conference is necessary.