§ 158-101. Permit to remove, destroy, or injure.

(a)

Required. No person shall directly or indirectly remove or destroy [or injure] any tree located on public property that is subject to the provisions of this article, or any tree having a diameter at breast height (DBH) of six inches or more which is located on private property subject to the provisions of this article, without obtaining a permit as provided in this section.

(b)

Permits for construction, renovation, demolition. Permits to remove, destroy, or injure trees for construction, renovation or demolition shall be obtained by making application in a form prescribed by the city to the director of the bureau of buildings.

(c)

Other permits. Permits to remove, destroy, or injure trees for safety, landscaping, silvicultural or other purposes shall be obtained by making application to the city arborist. All permits shall be posted for public inspection on site.

(1)

Applications to remove dead, dying, diseased, or hazardous trees may be made by phone, fax, mail, or other means. Each application shall include the address of the property and the owner's name, phone, and fax number. If applicable, it shall also include the name, phone, and fax number of the tree service proposing to do the work. Each tree shall be identified as to its species, its diameter within two inches of the actual diameter, location and identifying characteristics or added markings. Permits to remove dead, dying, diseased, or hazardous trees shall be approved at the determination of the city arborist. Such permits are not subject to the notice of preliminary approval of subsection 158-101(d), the posting requirements of subsection 158-101(e), the standards for tree replacement or afforestation of subsection 158-103(1), the recompense formulas of subsection 158-103(b), or to public appeal. Applicants may appeal a notice of denial to the tree conservation commission as provided in this article. The permit shall be valid for six months from the date of its issuance, though the city arborist may extend the expiration date of the permit by no more than six additional months based upon extenuating circumstances, as determined by the city arborist.

(2)

Applications to remove, destroy, or injure trees for landscaping improvements or other purposes shall be accompanied by a tree replacement plan meeting all of the requirements of section 158-103. The work prescribed by an approved tree replacement plan shall be completed within one calendar year. Replacement tree plantings shall be inspected by the city arborist and verified by the dated signature of the city arborist on the approved plan. Applications to remove, destroy, or injure trees for landscaping and other purposes shall be subject to the notice of preliminary approval of subsection 158-101(d), the posting requirements of subsection 158-101(e), the standards for tree replacement or afforestation of subsection 158-103(a), and the recompense formulas of subsection 158-103(b). Applicants may appeal a notice of denial to the tree conservation commission as provided in this article.

(3)

Applications to remove, destroy, or injure trees for thinning or other silvicultural prescription for forest stand improvement shall be approved at the determination of the city arborist, with or without requirement for tree replacement. Each application shall include a silvicultural prescription that is prepared by a private arborist. Payment of recompense for tree(s) on private property, and tree replacement for tree(s) on public property, is required for trees included in any silvicultural prescription that includes timber harvesting or stand improvement, except in cases where the intended harvesting or stand improvement is to reduce or prevent the spread of pests or disease. Applications to remove, destroy, or injure trees for silvicultural purposes shall be subject to the notice of preliminary approval of subsection 158-101(d), the posting requirements of subsection 158-101(e), the standards for tree replacement or afforestation of subsection 158-103(a), if applicable, and the recompense formulas of subsection 158-103(b). Applicants may appeal a notice of denial to the tree conservation commission as provided in this article.

(d)

Application review; notice of preliminary approval or denial of permit to remove, destroy, or injure trees. Upon receipt of a complete application by the city to remove, destroy, or injure trees for construction, renovation, demolition, landscaping, silviculture, or other non-safety related purposes, the city arborist shall review the application pursuant to the requirements of this article. The city arborist shall either give a notice of preliminary approval of the application if the application meets the requirements of this article, or shall give a notice of denial of the application if the application fails to meet the requirements of this article. The city arborist shall submit copies of such notices promptly to the clerk. The city arborist may impose conditions to the issuance of the permit consistent with this article. An applicant may submit a new application at any time after a notice of denial of an application under this chapter. An applicant may appeal the notice of denial to the tree conservation commission as provided in this article. Any person aggrieved by the notice of preliminary approval may also appeal to the tree conservation commission.

(e)

Posting.

(1)

For trees located on private property, two postings shall be required. The first posting shall remain for a minimum of ten calendar days and shall notify the public that an application to remove the designated tree(s) was filed with the city. The city will not accept any appeals filed within this ten day notice period. The second posting, providing notice of preliminary approval, shall be made if and when the city issues preliminary approval of the application to remove the designated tree(s) from private property. This second posting shall not begin until after the first posting is removed. The second posting shall remain in place for five business days, during which time the city will accept appeals.

(2)

For trees located on public property, only one posting shall be required. The posting shall indicate the issuance of a notice of preliminary approval of the designated public property tree(s), and shall remain in place for 15 calendar days, during which time the city will accept appeals.

(3)

Immediately after an applicant receives preliminary approval for removal of a tree on public or private property, s/he shall mark all trees to be removed, destroyed, or injured.

(4)

The notice of preliminary approval for both public and private property trees, shall be posted in the office of the city arborist that is ruling on the removal permit (either the office of planning or the office of parks), on the City of Atlanta website (www.atlantaga.gov), and in a prominent manner upon the property affected so that it may be seen and read by passers-by. The notice of preliminary approval shall inform any reader that an appeal may be filed with the clerk of the tree conservation commission, and shall indicate the deadline by which the appeal must be filed. The notice shall further indicate that the failure to appeal within the designated time period will result in the issuance of the removal permit without further right of appeal. If the notice of preliminary approval is not [posted as required by this section, no permit shall be issued. The commission] may provide further additional rules regarding the manner and method of posting to the extent that such rule is consistent with the requirements of this section.

(f)

Time limits. For tree(s) on public property, if no appeal is filed within 15 calendar days from the date of posting of a notice of preliminary approval upon the affected property, then the permit shall be issued in accordance with the terms of said notice of preliminary approval. For tree(s) on private property, if no appeal is filed within five working days from the date of posting of a notice of preliminary approval upon the affected property, then the permit shall be issued in accordance with the terms of said notice of preliminary approval. In the event that an appeal is filed within 15 calendar days for tree(s) on public property, or five working days for tree(s) on private property, from the date of posting of a notice of preliminary approval upon the affected property, no permit shall be issued until the sixth business day after the date of the tree conservation commission's written decision on the appeal, or until the appeal is voluntarily dismissed, whichever is earlier. At that time, the stay shall expire, unless a notice of intent to appeal the tree conservation commission's decision (if any) to the superior court is filed with the clerk of the tree conservation commission pursuant to subsection 158-65(a).

(g)

Finality. Once a permit has been issued in accordance with the procedures set forth in this section there can be no further appeal of the arborist's decision, except as provided in subsection 158-65(b) of this article pertaining to appeals to superior court.

(h)

Minor amendments. After the time for appeals has expired with respect to any notice of preliminary approval, the city arborist may approve minor amendments to the permit without there being any new right of appeal from such approval, provided that the arborist, in connection with such approval, shall certify in writing to the following, which certification shall be attached to the permitted amendments:

(1)

That the amendments do not alter or amend any rulings of the tree conservation commission made in connection with the particular case; and

(2)

That the amendments do not affect any trees on the property in question which are eligible under this article to be designated historic or specimen trees; and

(3)

That the amendments in the aggregate do not increase by more than ten percent either the total number or the total DBH of the trees permitted for removal or destruction.

(i)

Permit for tree removal based upon location to house. The provisions set forth in subsections 158-101(b) through 158-101(h) shall not apply to permits issued pursuant to this subsection 158-101(i). The provisions provided below in this subsection shall pertain to this subsection 158-101(i) only. The city arborist may issue a permit to remove any tree located on private property within five feet of the structural foundation of an existing single family residential dwelling structure or duplex located on property subject to the provisions of this article, subject to the following:

(1)

The owner of the property on which the subject tree is located has submitted an application to the city arborist in a form prescribed by the city arborist.

(2)

The application is not for the removal of a boundary tree unless the adjoining property owner is a co-applicant for the permit.

(3)

The application is not for the removal of a right-of-way tree or any other public tree. For the purpose of this section a right-of-way tree is a tree deemed by the arborist to have majority of its root system in the public right-of-way.

(4)

There has been no removal of a tree pursuant to this subsection 158-101(i) for five years from the date of an application previously approved pursuant to this subsection, unless the tree(s) previously permitted and removed was leaning by greater than 20 degrees, as measured at breast height of the tree, toward an existing single family residential dwelling structure or duplex located on the subject property. The five year time period between a previously approved application and a new application shall apply to the property and shall not be affected by any change of ownership or reconfiguration of the property boundaries. Any property which is combined with any part of any other property which has already removed a tree pursuant to this subsection within the five-year time period shall not be eligible for removal under this subsection. In the event that a lot with reconfigured property lines has received more than one approval under this subsection, the latest approved application shall be considered for deciding when a new application may be received.

(5)

No lot of record which is not developed with a single family residential structure or duplex within its property lines shall be granted a permit to remove a tree pursuant to this subsection regardless of whether the zoning of the property will only allow the development of single family residences or duplexes on the property.

(6)

When determining the distance of the tree from the structure, the tree shall be measured at the base of the tree, where the trunk of the tree meets the ground, on the side of the tree that is closest to the structure at issue.

(7)

When determining the location of the foundation of the structure at issue, any portion of the structure constructed on piers or pilings shall not be deemed to be part of the foundation.

(8)

No posting of the property is required prior to the issuance of a permit.

(9)

Only the property owner shall have appeal rights associated with the permit. such appeal rights shall be as set forth in section 158-65 of this article.

(10)

Where a permit is issued, the property owner shall not be required to replace the tree or pay recompense, except that where removal of the tree will result in the loss of ten percent or more of the tree canopy on the subject property, as determined by the city arborist, issuance of the permit shall be contingent upon the property owner's planting a replacement tree(s) on the subject property pursuant to the criteria set forth in this article.

(11)

Where a tree is removed without a permit, recompense and fines shall be calculated and owed as prescribed throughout the tree protection ordinance, even if the property would have been eligible for a tree removal permit pursuant to this subsection 158-101(i).

(12)

The city arborist shall not issue a permit if the tree at issue is located on property that was the subject of a violation of the tree protection ordinance within one year of the filing of the permit application.

(j)

Permit for tree removal based upon compliance with federal consent decrees. The provisions set forth in subsections 158-101(b) through 158-101(i) shall not apply to permits issued pursuant to this subsection 158-101(j). The provisions provided below in this subsection shall pertain to this subsection 158-101(j) only.

(1)

The city arborist in the department of city planning may issue a permit to the department of watershed management to remove, destroy, or injure any private property tree, including without limitation trees located on city easements over private property, when such removal, destruction, or injury is performed as a result of the City of Atlanta's compliance with the CSO Consent Decree entered in Civil Action No. 1:95-CV-2550-TWT (U.S. District Court, Northern District of Georgia), and/or with the First Amended Consent Decree entered in Civil Action No. 1:98-CV-1956-TWT (U.S. District Court, Northern District of Georgia) (for purposes of this subsection (j), collectively the "decrees" or the "consent decrees"), provided that the following requirements are met:

a.

The city's department of watershed management has submitted an application to the city arborist in the department of city planning in a form prescribed by said city arborist.

b.

For trees located within a city easement that are not boundary trees, the department of watershed management may destroy, remove and/or injure trees as prescribed in section 158-103(c)(6) of this tree protection ordinance, except that the number of trees to be destroyed, removed and/or injured may be determined by acre rather than by tree per tree or sampling techniques, and except that specimen trees need not be identified. A maximum shall be set on recompense at $5,000.00 per acre, prorated. A site plan drawn to scale shall be required for these trees showing locations impacted by acre, but not showing individually impacted trees. No survey shall be required. For purposes of this section 158-101(j), the city shall be deemed to have an easement on land above city sewer lines.

c.

The department of watershed management shall submit a site plan that meets the standards set forth in 158-105 of the tree protection ordinance for: 1) destruction or removal of or injury to a boundary tree located on a city easement whose subject boundary abuts private property or public property; or 2) destruction or removal of or injury to a boundary tree whose structural root plate extends from private property or public property into the city easement; and 3) destruction or removal of or injury to all other private property trees. This site plan must include each tree's critical root zone, structural root plate, whether it's a boundary tree, silvicultural prescriptions to be used if applicable, and the construction methodology to be utilized by location. It shall also provide a calculation of the percentage of impact on each tree that is not removed. A survey shall be required showing all impacted trees falling within this category, though the survey may be performed by GPS coordinates, via a sketch describing each tree and showing its DBH. The sketch need not be performed by a registered surveyor or landscape architect. The application shall include recompense calculations, and proposed plantings of new trees. The city shall give recompense credit to the department of watershed management for newly planted trees only if the replanting requirements set forth in the tree protection ordinance are met (other than those requirements set forth in subsections 158-101(b) through 158-101(i)), but shall not give any recompense credit for new trees planted within the city's easement. The department of watershed management shall not be required to replant trees within a city easement.

d.

Except for trees located within a city easement that are not boundary trees, the department of watershed management's site plan must designate all specimen trees. The department of city planning 's city arborist may discuss with the department of watershed management alternative routes for the work to be performed that may allow the specimen tree to survive, though the city arborist may not deny the removal/destruction application in the event that the department of watershed management does not agree upon an alternative route.

e.

In the event that a public property tree, as defined in section 158-26 above, is located in part on a city easement or other private property, the permitting decision shall be made by the city arborist in the department of parks and recreation.

(2)

The city arborist in the department of parks, recreation, and cultural affairs may issue a permit to the department of watershed management to remove, destroy, and/or injure any public property tree, including without limitation trees located on city parks, streets, sidewalks, and other property owned by the City of Atlanta, when such removal, destruction, or injury is performed as a result of the City of Atlanta's compliance with the consent decrees, provided that the following requirements are met:

a.

The city's department of watershed management has submitted an application to the city arborist in the department of parks, recreation, and cultural affairs in a form prescribed by said city arborist, provided that applications may be made by projects, as defined in the consent decrees. Applications may be made on a quarterly basis provided that the application for each tree to be removed is submitted and approved prior to the tree's removal.

b.

For destruction or removal of or injury to a public property tree, the department of watershed management shall submit a site plan drawn to scale that meets the standards set forth in 158-105 of the tree protection ordinance. This site plan must include each tree's critical root zone, structural root plate, size, species, silvicultural prescriptions to be used if applicable, and the construction methodology to be utilized by location. It shall also provide a calculation of the percentage of impact on each tree that is not removed. A survey shall be required showing all impacted trees falling within this category, though the survey may be performed by GPS coordinates, via a sketch describing each tree and showing its DBH. The sketch need not be performed by a registered surveyor or landscape architect. The application shall include tree DBH inches removed, and proposed plantings of new trees.

c.

The department of watershed management's site plan for public property trees must designate all specimen trees. The office of parks' city arborist may discuss with the department of watershed management alternative routes for the work to be performed that may allow the specimen tree to survive, though the city arborist may not deny the removal/destruction application in the event that the department of watershed management does not agree upon an alternative route.

d.

In the event that a private property tree, as defined in section 158-26 above, is located in part on city-owned property, the permitting decision shall be made by the city arborist in the department of city planning .

e.

The department of watershed management must replace all public property trees that it destroys, removes, or injures on public property owned by the City of Atlanta, such that the DBH of the replacement trees is equal to or greater than the cumulative DBH of the trees removed, destroyed, and/or injured. The city shall give credit to the department of watershed management for newly planted trees only if the replanting requirements set forth in the tree protection ordinance are met (other than those requirements set forth in subsections 158-101(b) through 158-101(i)), with the following exceptions:

i.

The replacement trees need not be located within the same NPU district or within one mile of the NPU boundary from which the tree was removed, destroyed or injured, as prescribed by section 158-103. For purposes of this section, the city arborist shall consider the entire city for purposes of eligible areas for replanting.

ii.

The city arborist in the department of parks, recreation, and cultural affairs need not approve a tree replacement plan prior to issuing a tree removal permit, provided that:

(a)

The commissioner of the department of watershed management or her/his designee, working in good faith cooperation with the director of the office of parks or her/his designee, is unable to identify locations in which to plant the requisite number of replacement trees at the time of granting the tree removal permit.

(b)

The director of the office of parks, or her/his designee, calculates the number of caliper inches of trees that must be replanted in order to satisfy the tree protection ordinance's inch per inch replacement requirement. S/he shall communicate that number in writing to the commissioner of the department of watershed management or her/his designee.

(c)

The department of watershed management agrees to plant, at its own expense, the requisite number of trees, as calculated by caliper inch, within the time frame described in the immediately following subsection (d). It shall be the responsibility of the department of watershed management to identify potential sites for replanting, but upon request, the director of the office of parks, or her/his designee, shall make a good faith attempt to assist the department of watershed management with this task. The exact location of the replacement trees, the type of trees, and the size of each tree must be approved by the director of the office of parks or her/his designee prior to the trees being planted. The director of the office of parks shall forward this replanting information to the impacted councilmember for review. The department of watershed management shall guarantee the life of each replacement tree for two years from the time of planting.

(d)

The commissioner of the department of watershed management and the commissioner of the department of parks, recreation, and cultural affairs enter a letter of understanding that accompanies each decree tree removal permit (as defined below). The letter of understanding must set forth those replacement inches for which locations have already been identified, and additionally the number of caliper inches that the department of watershed management must and agrees to plant by a date certain but for which locations have not yet been located. The date certain shall be no greater than one year after the effective date of the decree tree removal permit, except that under extenuating circumstances, the commissioner or her/his designee may approve an extension. The letter of understanding shall also include the requirements set forth in subsection (c) immediately preceding this subsection (d).

(e)

The department of watershed management prepares an annual report showing, for each project for which a letter of understanding was executed, the number of trees planted, the size by caliper inch of each tree planted, the type of each tree planted, the approximate date of planting, and the remaining balance of trees for each application. This report shall be submitted to the director of the office of parks by no later than May 1 of each year.

iii.

The city arborist need not require the replacement trees to meet the descriptions set forth in section 158-103, but rather may give replacement tree credit as follows:

(a)

For replacement trees that meet the requirements of section 158-103, the replacement credit shall be the DBH of the replacement tree.

(b)

The department of watershed management may plant understory trees on public property for the purpose of restoring stream banks or other environmentally sensitive areas. The replacement credit shall be the DBH of the replacement tree.

(c)

The department of watershed management may be given replacement credit for planting a live stake on public property for the purpose of stream bank erosion control, stream bank stabilization, or stream or wetland restoration. The replacement credit shall be the DBH of the live stake, except that a live stake with a DBH that is less than one caliper inch shall be credited as one caliper inch.

(d)

The department of watershed management may be given replacement credit for removal of invasive species from trees on public property where the species threatens the life of the tree. The replacement credit shall be the DBH of the tree saved.

(3)

The following provisions shall apply to the issuance of tree removal permits by the city arborist in the department of city planning and in the department of parks, recreation, and cultural affairs, where the removal or destruction of a tree is performed as a result of City of Atlanta compliance with the consent decrees ("decree tree removal permit"):

a.

Sections 158-101(j)(1) and (2) above notwithstanding, no city arborist shall require the department of watershed management, as part of its decree tree removal permit application, to produce evidence of consent by a private property owner regarding removal or destruction of a tree that impacts said private property owner's property. Impact of tree removal from privately owned property will be addressed directly by the department of watershed management.

b.

No posting of the property is required prior to the issuance of a decree tree removal permit.

c.

There is no appeal right associated with a decree tree removal permit. The tree conservation commission shall not have the authority to hear or in any other way consider an appeal regarding the granting or denial of such permit.

d.

The department of watershed management may not remove, destroy, or injure any private property tree or public property tree in order to comply with the consent decrees prior to being issued a decree tree removal permit by the city arborist in the department of city planning , or in the department of parks, recreation, and cultural affairs respectively.

e.

Where a tree is removed, destroyed, or injured without a decree tree removal permit during work related to the decrees, the department of watershed management must report the removal, destruction, or injury to a city arborist by the close of the following business day. In such instance, the appropriate city arborist shall calculate the recompense due and/or tree replacement required. Where a city arborist learns of a decree-related tree removal or destruction caused and not timely reported by the department of watershed management or its contractor/subcontractor, the appropriate city arborist shall issue penalties pursuant to section 158-34 above, and shall also require that recompense be paid and/or replacement be performed.

(Code 1977, § 10-2037(a)—(c); Ord. No. 2000-4, 1-27-00; Ord. No. 2000-21, §§ III, IV, 4-12-00; Ord. No. 2000-26, § IV, V, 5-23-00; Ord. No. 2001-102, § 2, 12-11-01; Ord. No. 2003-03, §§ 1, 2, 1-13-03; Ord. No. 2006-04, § 4, 2-14-06; Ord. No. 2007-32(07-O-0362), §§ 9—11, 19, 6-12-07; Ord. No. 2007-38(07-O-1101), § 1, 6-26-07; Ord. No. 2008-25(08-O-0486), § 2, 4-28-08; Ord. No. 2009-13 (09-O-0399), § 2, 3-24-09; Ord. No. 2013-27(13-O-1088), § 4, 6-26-13; Ord. No. 2017-14(17-O-1157) , § 6, 4-26-17)