Atlanta City Council Passes Controversial New Tree Ordinance

The Atlanta City Council has adopted a new tree protection ordinance, which increases funding for the low-income senior assistance program to $400,000 a year.

The measure also encourages planting over compensation payments, and doubles the fine for illegal tree removal from $100,000 per acre to $200,000 per acre, according to a City Council news release.

Atlanta’s Tree Protection Ordinance (TPO) has been the subject of some major changes after the Community Development Committee advanced a revised TPO despite objections from both developers and tree advocates. Key changes included:

  • Higher removal fees to deter clear-cutting.
  • Discounts for affordable housing projects to balance development needs.
  • Guaranteed funding for arborists to improve enforcement.
  • Support for low-income seniors with tree maintenance costs.

 The new measure balances development with conservation, ensuring the city retains its environmental and cultural identity amid growth. For example, the ordinance protects “significant” trees (those with a diameter at breast height of 6 inches or more) and requires mitigation for any approved removals.

With the city’s constant redevelopment, tree protection ordinances in Atlanta are needed for several critical reasons, driven by the city’s unique environmental, urban, and social context:

1. Preserving Urban Canopy

Atlanta is known as the “City in the Forest” due to its extensive tree cover, estimated at 36-47% of the city’s land area, one of the highest in the U.S.

Trees provide essential benefits like cooling urban heat islands (Atlanta’s summer temperatures can exceed 90°F), improving air quality (reducing pollutants like PM2.5), and managing stormwater runoff (critical in a city prone to flash flooding due to its hilly terrain and clay soils).

2. Mitigating Development Pressure

Atlanta’s rapid growth, with a population increase of 18.7% from 2010 to 2020 and ongoing construction booms, puts significant pressure on green spaces.

 Without ordinances, developers might clear-cut trees for new projects, eroding the city’s tree canopy and exacerbating environmental issues like heat and flooding.

However, developers argue that stricter regulations, such as higher tree removal fees (recompense) and preservation standards, could stifle housing development, particularly affordable housing.

For example, the proposed recompense fee increase from $100 per tree plus $30 per inch of diameter to $260 per inch, with the removal of a $5,000-per-acre cap, could significantly raise costs for developers. One developer cited a project’s tree removal cost rising from $20,000 to $155,000 under the new rules.

3. Environmental Justice

Trees are unevenly distributed across Atlanta, with wealthier, predominantly white neighborhoods like Buckhead having denser canopies than lower-income, minority areas like those in South Atlanta.

Ordinances help ensure equitable tree preservation and planting, addressing disparities in access to green benefits.

Key provisions, like preservation standards requiring developers to protect a percentage of trees on lots, were removed after pushback from builders who claimed these would hinder economic development. Tree advocates, such as conservationist Kathryn Kolb, called this a “gross failure of process,” arguing that the revised ordinance weakens protections and may reduce effective recompense compared to current standards.

4. Erosion and Flood Control

 Atlanta’s topography and frequent heavy rainfall make it susceptible to erosion and flooding. 

Trees stabilize soil and absorb rainwater (a single mature tree can absorb 100+ gallons daily), reducing runoff into the city’s strained sewer system, which has faced federal mandates for upgrades due to past overflows.

The ordinance revision process has drawn criticism for insufficient public engagement. Council member Michael Julian Bond abstained from the June 10 vote, citing that the new draft was introduced with little time for review, stating, “To my knowledge, I don’t think anyone has seen it prior to this very moment.”

This lack of transparency frustrated both council members and tree advocates, who urged for more public input and a delay in the vote.

5. Biodiversity and Habitat

 Trees support local wildlife, including birds, insects, and small mammals, maintaining Atlanta’s ecological balance.

Ordinances protect habitats from being destroyed during urban expansion.

The ordinance includes carve-outs, such as up to 100% fee waivers for affordable housing projects, but critics like developer Rod Mullice contend that small-scale developers lack the resources to comply with increased costs, potentially reducing housing supply in tree-heavy suburban areas.

Conversely, tree advocates dismiss this as a “red herring,” emphasizing that the ordinance’s fee adjustments are corrected for inflation and real-world tree replacement costs, which the current $5,000-per-acre cap fails to cover (only 10% of actual planting costs).

Final Word

Trees enhance Atlanta’s aesthetic appeal, boosting property values by up to 15% in tree-lined neighborhoods.

Ordinances ensure this economic benefit is preserved citywide.

Tee Johnson: Tee Johnson is the co-founder of AtlantaFi.com and as an unofficial ambassador of the city, she's a lover of all things Atlanta. She writes about Travel News, Events, Business, Hair Care (Wigs!) and Money.