Chapter 158 — Vegetation

Sec. 158-2. Poison ivy and poison sumac.

Sec. 158-3. Planting of Lombardy Poplar or Silver Maple trees prohibited.

It shall be unlawful and shall constitute a nuisance per se for any persons to set out or plant Lombardy poplar or silver maple trees on the sidewalks or along the streets or in or upon property of any kind owned or controlled by the city. Such trees shall be deemed a nuisance, and the director, bureau of parks and recreation is authorized and directed to cut down and remove any trees planted in violation of this section. (Code 1977, § 17-9006)

Sec. 158-4. Weed control.

It is found and declared that uncontrolled weed growth on properties within the City of Atlanta is unhealthy and undesirable in that it provides harborage for rodents and insects, lowers property values, and constitutes a public nuisance. (Code 1977, § 17-9014; Ord. No. 2011-51(11-O0136), §§ 1, 2, 11-16-11)

Sec. 158-5. Definitions.

Abandoned property means any lot, tract, or parcel of improved real estate that is unoccupied. It shall include any dwelling, building, structure, or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouse, improvement, and appurtenance belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. For the purposes of this section unoccupied shall be evidenced by notice of termination of service by a local utility provider, as well as visual observation by city personnel to include on site visits, or written communication attempts. The term shall expressly include, for means of illustration and not limitation, swimming pools and wells. Also as used in this chapter, the term shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.

Owner means the current owner of record as shown by the records of the tax commissioner and the deed records of the clerk of superior court for the current calendar year.

Vacant property means any lot, tract, or parcel of real estate that is unimproved. It shall not mean or include any farm, or any agricultural facility or use for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.

Weed shall mean all unrestricted vegetative growth, including Kudzu (Pueraria Montana var. lobta), Chinese wisteria (Wisteria sinensis) and nuisance plants. (Ord. No. 2011-51(11-O-0136), § 3, 11-16-11; Ord. No. 2017-63(17-O-1275), § 4, 11-6-17)

Sec. 158-6. Exemptions.

This section shall not apply to city, county, state or federal property or governmentally mandated buffers, corridors, wetlands; detention ponds, dams, farms, natural areas, lakes, etc. Furthermore, this article shall not apply to utility easements or rights-of-way, or tracts of property under single ownership 40,000 square feet or larger unless they are within a platted subdivision. Nuisance plants or any vegetative growth on exempted property not to encroach into the right of way or onto adjacent improved or greenspace property. Vegetative growth shall not create a fire, health or safety hazard for the right of way or adjacent improved or greenspace property. (Ord. No. 2011-51(11-O-0136), § 3, 11-16-11; Ord. No. 2017-63(17-O-1275), § 5, 11-6-17)

Sec. 158-7. Prohibited.

It shall be a violation of this Code for the owner of any abandoned or vacant property as defined in this section to permit weeds to obtain a height exceeding 12 inches on at least ten percent of the size of the property tract or 35 percent of the pervious surface, whichever is greater, unless exempted as described in this section.

Vegetation not to encroach into the right of way or onto adjacent improved or greenspace property or create a fire, health or safety hazard. (Ord. No. 2011-51(11-O-0136), § 3, 11-16-11; Ord. No. 2017-63(17-O-1275), § 6, 11-6-17)

Sec. 158-8. Notice to abate.

Sec. 158-9. Abatement by city.

If after 20 calendar days from the date of the notice no hearing has been requested and the condition described in the notice has not been abated, the code enforcement officer or his/her designee may cause the condition to be abated by the Department of Public Works, the Atlanta Police Department, or by the procurement of private contractor services, at the expense of the property owner. Abatement of such condition shall also include the removal of any junk, trash and debris also found on the abandoned property. If the Atlanta Municipal Court finds a violation to exist, the code enforcement officer or his/her designee may cause the condition to be abated by the Department of Public Works, the Atlanta Police Department, or by the procurement of private contractor services, at the expense of the property owner after 72 hours unless the Atlanta Municipal Court directs otherwise. (Ord. No. 2011-51(11-O-0136), § 3, 11-16-11; Ord. No. 2020-36(20-O-1418), § 1, 6-24-20)

Sec. 158-10. Collection of costs and records; secured property.

Upon failure to comply after proper notice, the code enforcement officer shall certify to the office of revenue the expense incurred in abating the condition in accordance with the preceding section. Such expense plus any administrative penalty as provided in the following section shall become payable within 30 calendar days of notice of abated condition after which a special assessment lien and charge shall be attached to the property which shall be payable with interest at the rate of eight percent per annum from the date of such invoice date until paid. Such lien shall be in favor of the City of Atlanta and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be filed in the office of the clerk of the superior court and recorded among the public records of Fulton County, Georgia or DeKalb County, Georgia as applicable. A notice of such lien may include the aggregate expense, including any administrative penalty or penalties, for each instance of abatement of the condition for any time within the past four months. The office of revenue shall provide quarterly reports to the city council of liens filed pursuant to this section. (Ord. No. 2011-51(11-O-0136), § 3, 11-16-11)

Sec. 158-11. Administrative charge; administrative penalty.

Secs. 158-12—158-25. Reserved.

ARTICLE II. TREE PROTECTION* DIVISION 1. DEFINITIONS

Sec. 158-26. Definitions.

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

American National Standards Institute, Inc. (ANSI). A United States based non-profit organization that works to develop and promote standards in the United States and around the world.

Applicant. Any person seeking approval to take action under this article.

*Editor’s note—Ord. No. 2025-19(24-O-1691), § 1, adopted June 24, 2025, repealed the former Art. II, §§ 158-26—15836, 158-61—158-66, 158-101—158-110, and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter and derived from Code 1977, § 102032—10-2046; Ord. No. 1998-65, § 1, approved Sept. 23, 1998; Ord. No. 2000-4, approved Jan. 27, 2000; Ord. No. 2000-17, §§ 1, 2, approved March 29, 2000; Ord. No. 2000-21, §§ I—IV, approved April 12, 2000; Ord. No. 2000-26, §§ II—V, approved May 23, 2000; Ord. No. 2001-102, § 2, approved Dec. 11, 2001; Ord. No. 2003-03, §§ 1, 2, approved Jan. 13, 2003; Ord. No. 2003-113, §§ 1, 2, approved Dec. 10, 2003; Ord. No. 2004-02, approved Jan. 12, 2004; Ord. No. 2006-04, §§ 1—6, approved Feb. 14, 2006; Ord. No. 2007-32(07-O0362), §§ 1—19, approved June 12, 2007; Ord. No. 2007-38(07O-1101), § 1, approved June 26, 2007; Ord. No. 2008-25(08O-0486), §§ 1, 2, approved April 28, 2008; Ord. No. 200864(08-O-1260), § 1, approved July 30, 2008; Ord. No. 200877(08-O-1716), § 12, approved Oct. 14, 2008; Ord. No. 2009-13 (09-O-0399), §§ 1—3, approved March 24, 2009; Ord. No. 2011-31(11-O-0901), § 1, approved July 14, 2011; Ord. No. 2013-27(13-O-1088), § 4, approved June 26, 2013; Ord. No. 2016-42(16-O-1353), §§ 1, 2, approved Nov. 30, 2016; Ord. No. 2017-14(17-O-1157), § 6, approved April 26, 2017; Ord. No. 2020-45(20-O-1337), § 1, approved Aug. 26, 2020; Ord. No. 2022-45(22-O-1829), § 1(Exh. A), approved Dec. 14, 2022; Ord. No. 2023-33(23-O-1379), §§ 1—3, approved Aug. 30, 2023.

Cross reference—Environment, ch. 74.

Arboreta. A botanical collection of trees and shrubs that is ArbNet-accredited.

Arboricultural prescription. A written directive developed by an International Society of Arboriculture (ISA)-certified arborist or a Registered Consulting Arborist (RCA) for a site or individual tree for the purpose of preserving a tree(s).

Arborist pre-submittal meeting: A formal consultation between the applicant and a city arborist to review tree impact, preservation strategies, and compliance requirements, during which the arborist shall assess the proposed project, provide guidance on tree preservation, and outline regulatory requirements. The arborist's recommendations shall be documented and included in the permit application. No application shall be deemed accepted until the applicant attends an arborist meeting as defined in this article.

Area median income (AMI). The median income is a metric defined as the midpoint of household income distribution for a specific area and is calculated on an annual basis published by the US Department of Housing and Urban Development. For the purposes of this article, AMI is based on Atlanta-Sandy Springs-Marietta Metropolitan Statistical Area.

Boundary tree. A tree on adjacent property with a critical root zone that intrudes across the property line of the site under consideration.

Caliper. The trunk diameter of replacement trees measured in inches at six inches above the soil for those trees that are less than four and one-half inches caliper. For trees greater than or equal to four and one-half inches in diameter at six inches above soil, caliper is measured at 12 inches above the soil.

City. City of Atlanta.

City arboricultural standards. The arboricultural specifications and standards of practice, prepared by the city arborist and approved by the tree conservation commission, which are adopted pursuant to this article and with ANSI A300 series of standards for tree care management.

City arborist. An agent of the Department of City Planning responsible for administering this article regarding private property, or an agent of the Department of Parks and Recreation responsible for administering this article regarding public property. See exceptions in Section 158-31.

Commission. See tree conservation commission.

Commercial development. For the purposes of this article, all development, public and private, that does not meet the definition of single-family residential development is referred to as "commercial development."

Conservation area. A portion of a site left undisturbed and protected from development in perpetuity.

Co-owned tree. A tree growing on two or more lots, as measured where the trunk of the tree meets the ground, excluding the root flare. The tree is jointly owned by all property owners.

Critical root zone (CRZ). The critical root zone, also referred to as the root save area, is the area surrounding a tree that is essential to the tree's health and survival. For a free-standing tree with no apparent root restrictions, the critical root zone or root save area shall consist of a circle having a radius of one foot for each one inch of diameter at breast height of the tree. Adjustments to the assumed CRZ may be made by the city arborist if justified by specific documented site conditions.

CRZ. See critical root zone.

DBH. See diameter at breast height.

Dead tree. A tree characterized by skeletal remains with no live twigs and a lack of foliage or total browning of foliage during the growing season. During dormancy, dead trees are characterized by peeling or sloughing bark, lack of buds, and dry and brittle twigs.

Destruction. Destruction of a tree includes any intentional or negligent act or lack of protection that is more likely than not to cause a tree to die within a period of five years, as determined by the city arborist. Such acts include, but are not limited to: performing grade changes (including lowering or filling the grade) that affect more than 20 percent of the critical root zone; trenching of roots; cutting, girdling or inflicting other severe mechanical injury to the trunk, roots or other vital sections of the tree; removing in excess of 20 percent of the live crown of the tree; inflicting damage upon the root system of a tree by the application of toxic substances, including solvents, oils, gasoline and diesel fuel; causing damage by the operation of heavy machinery; causing damage by the storage of materials; and/or deliberately or negligently burning or setting fire to a tree. In addition, topping, tipping, or any similar improper pruning practices will be deemed as destruction of a tree.

Diameter at breast height (DBH). The diameter of the main stem(s) of a tree measured at four and one-half feet above the natural grade at the base of the tree, typically measured in inches. For a tree with three or more stems, the DBH shall be calculated as the diameter of the largest stem plus one-half of each additional stem. The diameter of the top of a stump less than four and one-half feet tall shall be considered the "DBH" of an illegally destroyed tree for the purpose of calculating recompense.

Disease. Any fungal, bacterial, or viral infection that will result in the death of the tree, as determined by the city arborist. Disease shall also mean any fungal, bacterial or viral infection that has progressed to the point where treatment will not prevent the death of the tree, as determined by the city arborist.

Dying tree. A tree that is diseased, injured, or in terminal decline to the extent that death is more likely than not within two years.

Environmentally sensitive area. Area(s) of a property that includes important environmental features eligible for special protection under city, state, or federal regulations based upon its ecological value, including without limitation, wetlands, floodplains, permanent and intermittent streams, riparian buffers, stands of trees, historic trees, and other significant aspects of the natural environment on site.

Established recompense value. The dollar amount established to compensate for the removal or destruction of a healthy tree. The amount shall be expressed as the cost per caliper-inch of replacement trees owed. The rate will be reassessed annually by the Department of City Planning based on the annual rate of inflation for the Atlanta-Sandy Springs-Roswell, GA Metropolitan Statistical Area (MSA), as published by the United States Bureau of Labor Statistics (Consumer Price Index for All Urban Consumers — CPI-U).

Floodplain. Area(s) of land with natural or constructed contours of elevation at or below the base flood elevation shown on the flood hazard district maps adopted as a part of part 16 of City code and those areas of land which are not so shown in the flood hazard district maps where inundation is likely to occur during a base flood as determined by engineering studies to determine the probable depth of such floodwaters according to section 16-21.003.

Flush cutting. The removal of limbs by cutting immediately adjacent to the trunk, destroying the protective branch collar and exposing the trunk to decay organisms.

Forested site. Any site that meets the following conditions: i) 80 percent or more canopy cover; ii) a minimum of 1,000 DBH inches per acre; and/or iii) 50 or more mature trees per acre.

Green infrastructure. Green infrastructure means an engineered stormwater management facility designed to mimic natural hydrologic functions and processes through the use of plants and special soil media to slow, filter, evapotranspire, and infiltrate stormwater. The facility must meet the standards for, and be used to fully or partially satisfy the requirements of the post development stormwater management requirements, in Atlanta City Code section 75-501, et al.

Hardship. A unique or otherwise special existing condition that is not addressed by the ordinance.

Hazardous tree. A tree with uncorrectable defects severe enough to pose a present danger to high value targets such as people or buildings under normal conditions within a two-year time period, as determined by the city arborist, or a tree which is determined by the city arborist to be in imminent likelihood of failure is considered to be hazardous.

Healthy tree. For the purposes of this article, all trees that have not been issued a dead, dying, or hazardous (DDH) removal permit are considered to be healthy.

Heat island. A heat island, or urban heat island, is a ground area covered by an impervious surface that retains solar or other heat energy and thereby contributes to an increase in the average temperature of the ecosystem. An external heat island is an area situated outside a specific site, such as a public or private street. An internal heat island refers to an area within a site, including but not limited to patios, driveways, vehicular maneuvering areas, or parking areas. Public recreational areas including but not limited to swimming pools and game courts are excluded from this definition.

Historic tree. A tree that has been designated by the tree conservation commission, upon application by the city arborist or any other interested person, to be of notable historic value and interest because of its age, size, or historic association, in accordance with the City arboricultural specifications and standards of practice. Such designation may occur only by resolution of the commission, and the secretary to the commission shall maintain and file with the municipal clerk a complete listing of the location of each historic tree.

Illegally removed tree. Any tree that is removed or destroyed without a permit.

Imminent likelihood of failure. A tree for which failure has started or is most likely to occur in the near future even without significant wind or increased load, has an imminent likelihood of failure. This condition occurs infrequently and may require immediate action to protect people from harm. Examples of imminent likelihood of failure include without limitation:

sudden change of pitch of the main stem; cracked or heaved soil opposite the tree's lean; visibly raised root plate; and cracks or breaks in the main stem or large leader.

Impact. Any legal or illegal action that damages a tree. Damage may result from, but is not limited to, grading, filling, soil compaction or other land disturbance within a tree's critical root zone; mechanical injury to any part of a tree; spiking; vandalism; improper or excessive pruning; and allowing toxic substances such as herbicides, gas, brine water, oil, liquid dye, or other substances deleterious to tree health to come in contact with soil within the critical root zone.

Injury. See impact.

Invasive tree or invasive species. Invasive trees are non-native tree species that pose a threat to Atlanta's native ecosystems. A current list of invasive trees is maintained by and available from the city arborist. The city arborist may update the list of invasive trees periodically, based on the list of invasive species published by the Georgia Invasive Species Council, scholarly research, and consultation with professional arborists, ecologists, and foresters. All updates shall be approved by the tree conservation commission. Examples of invasive trees include Callery Pear (Pyrus calleryana), Chinese Holly (Ilex cornuta), and Tree of Heaven (Ailanthus altissima).

Land disturbance. For purposes of this article, land disturbance refers to any human-made change to improved or unimproved property that includes, but is not limited to, construction of buildings or other structures, soil compaction, filling, clearing and grubbing, grading, paving, installation of impervious cover, excavation or drilling, storage of equipment or materials, or any other construction activity.

Low-income. Income level, as defined by housing and urban development (HUD) income limits for the current year for Atlanta-Sandy SpringsMarietta, Georgia HUD Metro area.

Mature tree. A mature tree is defined as a tree that has reached a significant portion of the maximum potential height for the species. This stage is typically marked by the cessation of height growth and reduced shoot elongation, while the diameter growth of stems, branches, and roots, continues, contributing to the tree's overall size and strength. Mature trees also develop the ability to reproduce, marked by the production of flowers, fruits, or nuts. The onset and duration of the mature stage varies by species. For example, oaks and other slower growing trees may reach maturity after 25 to 40 years and continue to produce acorns for centuries. In contrast, faster growing species may reach maturity in a shorter timescale.

Midstory tree. A midstory tree in Atlanta's ecosystem normally attains a DBH of ten to 25 inches, a height of 30 to 60 feet, and approximately 900 square feet of canopy at maturity. Examples include Common Persimmon (Diospyros virginiana), Eastern Red Cedar (Juniperus virginiana), American Linden (Tilia americana), Winged Elm (Ulmus alata), Southern Sugar Maple (Acer floridanum), and others on the City's recommended list.

New lot of record. A tract of land that has been newly subdivided and so recorded as a separate property of record.

Nuisance tree. A tree with uncorrectable defects severe enough to pose an imminent danger to people or buildings on public property under normal conditions, as determined by the city arborist.

Overstory tree. An overstory tree in Atlanta's ecosystem normally attains a DBH in excess of 25 inches and a height in excess of 60 feet, and approximately 1,200 square feet of canopy at maturity. Examples include White Oak (Quercus alba), Southern Red Oak (Quercus falcata), Tulip Tree (Liriodendron tulipifera), Pignut Hickory (Carya glabra), American Beech (Fagus grandifolia), and others on the City's Recommended List.

Pine. Tree species that are a member of the genus Pinus. Pines do not include other needled trees commonly known as cedar, fir, spruce, hemlock, or any other members of the family Pinaceae.

Planned development. Residential housing development on property zoned Planned Development-Conservation subdivision (PD-CS).

Private property tree. For the purposes of this article, a tree shall be considered a private property tree if more than 50 percent of the trunk of the tree, excluding the root flare, is located on private property.

Pruning. The selective removal of plant parts. For the purposes of this article, proper pruning may not include the removal of more than 20 percent of the live crown of a tree within a two-year period and cuts must be made in accordance with ANSI A300 series of standards for tree care management, and the tree must have a balanced weight distribution and natural form after pruning. At no time shall trimming, tipping, or flush cutting of trees be deemed an acceptable form of pruning.

Public linear infrastructure project. Construction or maintenance of City-owned infrastructure that is linear in form, including but not limited to public roadways, sidewalks, trails, and Cityowned water lines, sewer lines, and other similar utility projects is referred to as linear infrastructure.

Public property tree. For the purposes of this article, a tree shall be considered a public property tree if at least 50 percent of the trunk of the tree, excluding the root flare, is located on public property.

Recompense. See standard recompense.

Registered tree professional. Any professional arborist, forester, landscape architect, tree service company, or professional who signs or submits permit applications, reports, or tree protection plans to the City and is currently registered with the city arborist per section 158-33.

Regulated tree (private property). Any tree other than a pine with a DBH of six inches or greater, or a pine with a DBH of 12 inches or greater.

Regulated tree (public property). All trees on public property are regulated, and removal requires approval of the city arborist per provisions of this article. For tree removal on public property associated with plan review by the Department of Parks and Recreation, only trees three inches or greater in diameter are required to be included on the site plan.

Replacement tree(s). New trees planted to restore the lost public value of healthy trees that are removed or destroyed according to the requirements of this article are referred to as replacement trees. The size of replacement trees is expressed in caliper inches.

Responsible party. Any person(s) or entities whose actions or failures to act violate this article, including without limitation any person who knowingly allows his or her agent or contractor to violate this article. Where a tree is destroyed or impacted in violation of this article, there may be more than one responsible party. A responsible party may include without limitation: The owner of the property on which a tree of concern is located; an agent of the owner; a tree removal company; a builder; or a landscaper.

Root flare. The root flare, also called the root collar, is the area at the base of a tree's trunk where it typically widens and transitions to meet the tree's major lateral roots.

Saved tree. A saved tree for the purposes of this article is a tree that is to be protected and not destroyed during construction in the manner specified by this article.

Severe mechanical injury. A wound or combination of wounds, measured at their widest extent, that expose or destroy the cambium layer of 30 percent or more of the circumference of the tree.

Single-family residential development. For the purposes of this article, development or redevelopment on a single lot on land zoned for singlefamily residential development, (zones R1—R5, per the zoning code at the time of the adoption of this article).

Soil cell. Manufactured structures, usually modular, that can support the weight of a paved surface and associated pedestrian or vehicular loads while containing uncompacted soil below the paving that allows free root growth for trees planted within hardscapes. Soil cells are a component of one type of suspended pavement system.

SRP. See structural root plate.

Standard replacement. The replacement tree requirement is measured in caliper inches. The required replacement is equal to one caliper inch per DBH of each tree destroyed.

Standard recompense. The dollar amount that may be paid into the Tree Trust Fund in lieu of planting all of the required caliper inches of replacement trees. This amount is equal to the number of unplanted replacement tree caliperinches multiplied by the established recompense amount.

Stream buffer. The land and vegetation that is within 75 feet of a perennial or intermittent stream in which development is prohibited or restricted, per Atlanta City Code section 74-300.

Streetscape. For the purposes of this article, streetscape refers to a zoning mandated street frontage treatment beginning at the back of curb that includes a sidewalk/walk area/clear zone and at least one of the following: a street furniture/ tree planting zone, amenity zone, or a supplemental area. Streetscapes typically also have requirements for trees or streetlights.

Structural root plate (SRP). The zone of rapid root taper that provides the tree stability against windthrow is referred to as the SRP. The radius of the root plate is proportional to the stem diameter (DBH) of a tree, excluding the root flare. The table below provides the radius of the structural root plate as determined by the DBH of the tree for upright trees without restricted roots. Adjustments to the assumed SRP may be made by the City arborist if justified by specific documented site conditions. The SRP shall be measured from the outer edge of the tree's trunk where the tree meets the ground, exclusive of the root flare.

DBH (inches) SRP distance (radius')

6—7" 5' 8—10" 11—14" 15—18" 19—23" 24—31" 32—43 44—51" 52—57" 58—61"

6' 7' 8' 9' 10' 11' 12' 13' 14' DBH 62—64" 65—67" 68—69" 70—71" 72—73" 74—75" 76—77" 78—79" 80—81" 82—83"

(inches)

15' 16' 17' 18' 19' 20' 21' 22' 23' 24"

distance (radius')

Suspended paving or suspended pavement. Any technology that supports the weight of paving and associated pedestrian or vehicle loads over a void space that is filled with soil cells and/or uncompacted soil that allows free root growth for trees planted within hardscaped areas.

Tipping. The improper cutting of a lateral limb in such a manner as to leave a prominent stub extending beyond a branch node or the trunk. See destruction.

Topping. The improper cutting of a leader trunk in such a manner as to leave a prominent stub extending beyond the node (crotch) of another leader trunk or major branch that may become a leader trunk. See destruction.

Tree. A self-supporting woody, perennial plant that has a trunk diameter of two inches or more when measured at a point six inches above ground level and which normally attains an overall height of at least ten feet at maturity, usually with one main stem or trunk and many branches.

Tree density. The minimum number of trees required to be growing on a site prior to the issuance of the certificate of occupancy or completion of permitted work is referred to as tree density. For single-family zoned properties, tree density is measured by the number of trees per acre on a site. For commercially zoned properties and all other properties that do not have a single-family zoning designation, tree density is measured by the total DBH inches of trees on a site. Tree density requirements may be met through trees preserved on site, newly planted trees, or a combination of the two, in accordance with the requirements of this article.

Tree conservation commission. A citizen board, appointed by the mayor and city council members to assist in the protection, maintenance, and regeneration of the trees and other forest resources of Atlanta. The commission hears and decides appeals of decisions of administrative officials related to trees.

Understory tree. An understory tree in Atlanta's ecosystem normally attains a DBH of less than ten inches and a height of less than 30 feet, and a canopy of approximately 400 square feet at maturity. Examples include Eastern Redbud (Cercis canadensis), Flowering Dogwood (Cornus florida), White Fringetree (Chionanthus virginicus), American hornbeam (Carpinus caroliniana), American Hophornbeam (Ostrya virginiana) and others on the City's recommended list.

Undesirable tree. A tree species that has demonstrated sufficient negative qualities as to be detrimental to the long-term health of the City of Atlanta's urban forest. Those qualities include weak branch structure, chronic pest or disease problems, and invasive tendencies. A current list of undesirable tree species is maintained by and available from the city arborist. Examples of undesirable trees include Leyland cypress (Cupressus x leylandii), red tip (Photinia x fraseri), and Lombardy poplar (Populus nigra).

Utility. Service for water, sewer, natural gas, and electricity.

Vacant lot. A property of record that has not had a structure on it in the past five years.

Wetland buffer. The land and vegetation that is within 25 feet of a wetland in which development is prohibited or restricted, per Atlanta City Code section 74-300. (Ord. No. 2025-19(24-O-1691), § 1, 6-24-25; Ord. No. 2025-22(25-O-1341), § 1, 6-24-25; Ord. No. 2026-03(26-O-1015), § 1, 2-11-26)

Sec. 158-27. Authority.

This article is enacted pursuant to the City's planning authority granted by the constitution of the state, including but not limited to Ga. Const. Art. IX, § II, ¶¶ 3 and 4; the city's general police power; article 1 of the City Charter, paragraphs 14, 20, 30, 42, 46, 54 and 56; and all other state and local laws applicable to this article. (Ord. No. 2025-19(24-O-1691), § 1, 6-24-25; Ord. No. 2026-03(26-O-1015), § 2, 2-11-26)

Sec. 158-28. Goals and purpose.

Sec. 158-29. Applicability and exemptions.

When variations are granted, a written explanation of the variations, and the rationale for granting them, shall be included in the appropriate project record and shall be available to the public.

Sec. 158-30. Relationship to other laws, regulations, and ordinances.

Sec. 158-31. Jurisdiction.

Sec. 158-32. Authorization of conservation easements and fee simple donations.

The mayor is hereby authorized, but is not required to accept conservation easements created pursuant to the provisions of the Georgia Uniform Conservation Easement Act, O.C.G.A. § 44-10-1 et seq., as amended from time to time, or any successor provision of law, the purpose of which easements are to preserve land in its natural scenic landscape or in a forest use. Such easements must be perpetual in duration and shall contain such other terms and provisions as the mayor or her/his designee shall deem appropriate. In addition, the mayor is authorized, but not required, to accept fee simple donations of land, the purpose of which is to preserve the land in its natural scenic landscape or in a forest use. Such donation shall contain the terms and provisions deemed appropriate by the mayor or her/his designee. (Ord. No. 2025-19(24-O-1691), § 1, 6-24-25)

Sec. 158-33. Registration of arborists, foresters, landscape architects, and tree service companies is required.

Sec. 158-34. Damage and destruction of trees.

Sec. 158-35. Tree planting and maintenance standards.

Sec. 158-36. Permits for removal and destruction of regulated trees.

Permit type Dead, dying, and hazardous trees Invasive/undesirable species Construction, demolition, land disturbance Applicable section 158-43 158-47 158-51 Applicable Permit type section Landscape permit and silvicul- 158-51 tural prescription Tree removal based upon 158-87 compliance with federal consent decrees

Sec. 158-37. Site selection for city facilities.

Sec. 158-38. Procedures for boundary and co-owned trees.

Sec. 158-39. Removal of trees within a stream or wetland buffer or floodplain.

Sec. 158-40. Nuisance trees.

Sec. 158-41. Abatement procedures.

Sec. 158-42. Healthy, non-invasive trees contribute the greatest environmental services to Atlanta's residents and visitors and are therefore regulated differently than invasive, undesirable, and dead, dying, or hazardous (DDH) trees.

Sec. 158-43. Standard operating procedures for issuing dead, dying, or hazardous (DDH) tree removal permits.

Sec. 158-44. Permits to remove dead, dying, or hazardous trees on private property.

Sec. 158-45. Emergency removals for trees with imminent likelihood of failure.

Sec. 158-46. Permits to remove dead, dying, and hazardous trees on public property.

Sec. 158-47. Permit required for removal of invasive and undesirable trees on private property.

Sec. 158-48. Invasive or undesirable trees on public property.

At the city arborist's discretion, invasive or undesirable trees may be removed from public property. A permit or other authorization for removal is required, though no posting, replacement, or option to appeal are required. (Ord. No. 2025-19(24-O-1691), § 1, 6-24-25)

Sec. 158-49. Permits required.

Sec. 158-50. General requirements.

Sec. 158-51. Permits for the removal of healthy trees.

Sec. 158-52. Applications for a permit to remove healthy trees.

Sec. 158-53. Site plans required under this article shall be drawn to scale and submitted in a format specified by the city and shall provide a tree survey and other information about existing site conditions and plans for the proposed development, including measures to protect trees during construction.

At a minimum, site plans shall provide the following information:

Sec. 158-54. General provisions.

Sec. 158-55. All single-family developments must demonstrate that the site will meet the tree preservation standards below.

Sec. 158-56. Tree density and other planting requirements for singlefamily projects.

Table TPO-1 Single-family Minimum Tree Density Requirements by Zoning (Total trees planted)

R-4B 2 trees per lot R-5, R-4, and R-4A 21 trees per acre districts R-3 and R-3A districts 22 trees per acre R-2 and R2A districts 25 trees per acre R-1 districts 28 trees per acre RG, PD, and all other 20 trees per acre districts

DIVISION 10. TREE PRESERVATION AND PLANTING STANDARDS FOR RESIDENTIAL SUBDIVISIONS AND PLANNED DEVELOPMENTS

Sec. 158-57. Tree preservation and planting standards for residential subdivisions and planned developments.

Sec. 158-58. Tree replacement plan required.

DIVISION 11. TREE PRESERVATION AND PLANTING STANDARDS FOR COMMERCIAL DEVELOPMENT AND PARKING LOTS

Sec. 158-59. General provisions.

Sec. 158-60. Tree density on commercial sites.

Sec. 158-61. Parking lot planting requirements.

Existing trees on the perimeter must be no more than ten feet from the edge of the parking lot and on the same lot.

Sec. 158-62. Preconstruction/pre-demolition inspections and ongoing inspections required.

Sec. 158-63. Minimum tree protection standards during construction.

Sec. 158-64. Arboricultural prescriptions, care, and responsibility for impacted trees.

Sec. 158-65. Arborist final inspection required prior to issuance of certificate of occupancy/ completion.

Sec. 158-66. Size and quality of replacement trees.

Sec. 158-67. Species of replacement trees.

Sec. 158-68. Planting specifications.

Sec. 158-69. Replacement tree and monetary recompense requirements for the removal of public and private trees.

(caliper inches owed — credited caliper inches planted) x established recompense value= monetary recompense

Replacement and recompense incentives and credits do not change the tree density, parking lot, or street tree planting requirements, but will reduce the number of replacement trees planted or monetary recompense paid after the tree density, parking lot, and street tree planting requirements are met.

Minimum Trees Retained (Total DBH Zoning Inches)

R-1 65% R-2 50% R-2A 50% R-3, R-3A 40% R-4, R-4A, 35% R-G, R-LC RG-4, RG-5 10%/20%* R-4B 10%/20%* R-5 10%/30%* MR, MRC, 10% I-MIX O&I, C(1-5), 25% I(1&2)

Maximum Recompense per Acre $35,000 $35,000 $25,000 $25,000 $15,000 $22,500 $12,500 $15,000 $25,000 $35,000 Minimum Trees Retained Maximum (Total DBH Recompense per Zoning Inches)

Acre PD, PD-H, Treat accord- Treat according PD-MU, ing to underly- to underlying PD-OC, ing zoning zoning categories PD-BP, SPI categories Districts, Historic and Landmark Districts, and other special zoning categories** *Vacant lots shall be based upon the lower Minimum Trees Retained total DBH inches, new subdivisions and new lots of record shall be based upon the higher Minimum Trees Retained total DBH inches.

**Where an underlying zoning category does not apply, the Minimum Trees Retained (MTR) for planned developments shall be derived by multiplying the required percentage of the site required to be retained in pervious area by a factor of .60 which will establish the Minimum Trees Retained percentage (MTR%). This amount shall be calculated according to the formula:

Required Pervious Area (K) x .60 = MTR% Maximum Recompense Per Acre = $35,000.00 (Ord. No. 2025-19(24-O-1691), § 1, 6-24-25; Ord. No. 2026-03(26-O-1015), § 28, 2-11-26)

Sec. 158-70. Public property tree replacement and monetary recompense.

All trees destroyed or removed from public property require the equivalent of inch-for-inch replacement. The city's preference is that, at a minimum, each public project should replace one tree for every tree removed, whether on-site or off-site. If the applicant demonstrates that planting the total caliper inches owed, or meeting the tree-for-tree planting minimum cannot be met with a combination of on-site and off-site planting, the city's second preference is that the applicant complete on-site urban forestry projects to offset the tree loss. Such projects may be implemented where the loss occurred or in other locations where urban forestry improvement projects are being implemented by the applicant. The city arborist shall approve a combination of planting and contributions of equivalent value to urban forestry enhancements or payment of monetary recompense according to the requirements below:

(Urban forestry project cost x urban forestry project credit)/ established recompense value = replacement inch credit Example: An approved urban forestry project with a cost of $10,000.00 would reduce the required replacement planting by 48 inches.

($10,000.00 x 1.25) / $140.00 = 89 inches of replacement credit.

Infrastructure improvements to support sustainable tree planting and urban heat island reduction, such as concrete removal, soil cell installation, and utility relocation for the purpose of installing trees in the right-of-way and hardscaped public areas;

Sec. 158-71. Department of Watershed Management.

Specific provisions for public and private tree replacement and recompense for Department of Watershed Management work related to complying with the federal CSO Consent decrees can be found in section 158-87. (Ord. No. 2025-19(24-O-1691), § 1, 6-24-25; Ord. No. 2026-03(26-O-1015), § 29, 2-11-26)

Sec. 158-72. Private property replacement and recompense.

Sec. 158-73. Sites with private and public trees.

Applicants shall calculate and show replacement of public and private trees separately within individual projects that propose to remove both private and public or right-of-way trees. (Ord. No. 2025-19(24-O-1691), § 1, 6-24-25)

DIVISION 15. PUBLIC NOTICE, POSTING, APPEALS, AND MINOR AMENDMENTS

Sec. 158-74. Electronic submittals and other documents; public access to information.

Sec. 158-75. Notifications and posting.

Sec. 158-76. 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 regarding such approval, provided any trees which are approved for removal are not counter to the guidelines below:

Sec. 158-77. Appeals.

Sec. 158-78. Variances and exceptions.

The commission is also authorized to hear requests for variances from and exceptions to the requirements of the tree protection ordinance for a specific project based on a hardship. Variances and exceptions may only be requested by the property owner or their agent, following the appeals procedures described in this section, with an explanation of hardship submitted in place of the basis for appeal. (Ord. No. 2025-19(24-O-1691), § 1, 6-24-25)

Sec. 158-79. Establishment, functions, powers, and duties.

Sec. 158-80. Appointment of members and commission composition.

The commission shall consist of 15 members, eight of which shall be appointed by the mayor and seven by the city council. All members shall be confirmed by the city council pursuant to the process set forth in Atlanta City Code section 2-1855. Each of the members shall have specialized knowledge about trees, the tree protection ordinance, or the impact of construction activities on trees. No appointee, nor affiliated organization of the appointee, may have received a correction notice or fine for failure to comply with this article within the past five years.

Sec. 158-81. Terms; vacancies; and compensation.

Sec. 158-82. Meetings, staff, and quarterly reports.

Sec. 158-83. Establishment and purpose.

Sec. 158-84. Management of the tree trust fund.

3200000 : 3249999 PERMITS CHARGES FOR 3400000 : 3459999 SERVICES FINE AND FORFEITURES PRIVATE CONTRIBUTIONS AND DONATIONS 3510000 : 3519999 3710000 : 3710003 3413901 3519002 3413913 3413919 FEES, TREE APPEALS PENALTIES AND FINES RECOMPENSE FEES, REINSPECTION FEE General range of expense accounts:

5110000 : 5129999 SERVICES AND EMPLOYEE BENEFITS PURCHASED/ 5210000 : 5239999 CONTRACTED SERVICE SUPPLIES 5310000 : 5319999 CAPITAL OUTLAYS 5410000 : 5429999 INTERFUND/ 5510000 : 5519999 INTERDEPARTMENTAL CHARGES OTHER COSTS 5710000 : 5739999 OTHER FINANCING 6110000 : 6119999 USES

Sec. 158-85. Authorized expenditures.

The tree trust fund may be used for the following program expenses:

The plan shall also include an estimate of the cost for the property's initial clean-up and the first three years of forest restoration, and ongoing forest management as well as identifying the source(s) of funding for the estimated restoration and annual maintenance cost.

Use of tree trust fund shall be limited to the first three years of forest restoration and management, which may include the removal of trash, existing structures, and mitiga-tion of conditions on the property that may pose a safety hazard to visitors.

Sec. 158-86. Violations.

Sec. 158-87. Permit for tree removal based upon compliance with federal consent decrees.

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 158-86(b)(1) and shall also require that recompense be paid and/or replace-ment be performed.

No. 2026-03(26-O-1015), § 37, 2-11-26)

DIVISION 20. TREE REPLACEMENT AND RECOMPENSE REDUCTIONS FOR AFFORDABLE HOUSING

Sec. 158-88. Reduction of tree recompense payment for affordable rental units.

Table TPO-2 Depth of Affordability Area Medium Income (AMI)

Percentage of Affordability 1 Percent afford-able units offered (or percent of SF dedicated to affordable residences in Recompense mixed use Reduction 2 developments) Percent Multi-family or single-family residential (rental units)

80% AMI 15% 70% 20% or more 80% 60% AMI 10% 80% 20% or more 90% 50% AMI or lower 10% or more 100% 1 In each instance, no fewer than one unit shall be affordable.

2 Cumulative recompense reduction shall not exceed 100 percent. (Ord. No. 2025-19(24-O-1691), § 1, 6-24-25; Ord. No. 2026-03(26-O-1015), § 38, 2-11-26)

Sec. 158-89. Reduction of required tree recompense for affordable for-sale units.

Table TPO-3 Recompense Reductions for Affordable For-Sale Housing Depth of Affordability Area Medium Income (AMI)

Percentage of Affordability1 Percent affordable units offered (or percent of SF dedicated to affordable residences in mixed use developments)

Recompense Reduction2 Percent Multi-family or single-family residential (for sale units)

120% AMI 10% 70% 20% 80% 30% or more 90% 80% AMI 10% 80% 20% 90% 30% or more 100% 1 In each instance, no fewer than one unit shall be affordable. Individual, for-sale units shall be considered 100 percent affordable at the given depth of affordability.

2 Cumulative recompense reduction shall not exceed 100 percent. (Ord. No. 2025-19(24-O-1691), § 1, 6-24-25; Ord. No. 2026-03(26-O-1015), § 39, 2-11-26)

Sec. 158-90. Tree replacement and recompense for public land development that delivers affordable housing.

Chapters 159—161 RESERVED Chapter 162 VEHICLES FOR HIRE* Article I. In General Secs. 162-1—162-25. Reserved.

Article II. Animal-Drawn Vehicles and Taxicabs Division 1. Generally Sec. 162-26. Definitions. Sec. 162-27. Reserved. Sec. 162-28. Enforcement; violations. Sec. 162-29. Hearing officers. Sec. 162-30. Power of mayor to suspend and revoke permits and CPNCs and impose civil fines. Sec. 162-31. Classification of vehicles. Sec. 162-32. Classifications of drivers. Sec. 162-33. Applicability of article; payment of fees. Sec. 162-34. Inspections, generally. Sec. 162-35. Taximeters. Sec. 162-36. Taxicab comfort. Sec. 162-37. Animal-drawn vehicle inspections. Sec. 162-38. Agents for service of citations. Sec. 162-39. Minimum customer service requirements. Sec. 162-40. Table of violations. Sec. 162-41. Facilitation of unlicensed vehicles for hire, or unlawful staging by employees or agents of hotels, lodginghouses, or roominghouses. Sec. 162-42. Reserved. Secs. 162-43—162-55. Reserved.

Division 2. CPNC Sec. 162-56. Required. Sec. 162-57. Qualifications of applicant. Sec. 162-58. Notice of changes; company affiliation. Sec. 162-59. Replacement vehicle. Sec. 162-60. Reserved. Sec. 162-61. Number limited; costs. Sec. 162-61.1. Renewal. Sec. 162-62. Transferability. Sec. 162-63. Revocation and suspension. Secs. 162-64—162-75. Reserved.

Division 3. Reserved Secs. 162-76—162-95. Reserved.

*Charter reference—Bureau of taxicabs and vehicles for hire, app. IV, § 46. Cross references—Ground transportation services at Hartsfield-Jackson Atlanta International Airport, § 22-201 et seq.; businesses, ch. 30; bureau of taxicabs and vehicles for hire, § 98-29; traffic, ch. 150. State law references—Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.

Supp. No. 71 Division 4. Company Permits Sec. 162-97. Company permits. Secs. 162-98—162-115. Reserved.

Division 5. Taxicabs Sec. 162-116. Color scheme. Sec. 162-117. Use of open stands. Sec. 162-118. Schedule of fares. Sec. 162-119. Abuse of driver by passenger prohibited. Sec. 162-120. Information to be displayed on taxicabs. Secs. 162-121—162-130. Reserved.

Division 6. Reserved Secs. 162-131—162-145. Reserved.

Division 7. Equine-Drawn Vehicles Sec. 162-146. Definitions. Sec. 162-147. Removal of equine from service for violation. Sec. 162-148. Equine identifying number and certificate of veterinary inspec-tion. Sec. 162-149. Operating regulations. Sec. 162-150. Route system. Sec. 162-151. Health of equine. Sec. 162-152. Equine working conditions. Sec. 162-153. Use of harness. Sec. 162-154. Inspection of vehicles. Sec. 162-155. Use of whips. Sec. 162-156. Diapers. Sec. 162-157. Shoes. Sec. 162-158. Water. Sec. 162-159. Stalls and stables. Sec. 162-160. Trailers. Sec. 162-161. Drivers. Sec. 162-162. Fares. Sec. 162-163. Weather conditions. Sec. 162-164. Use of open stands. Sec. 162-165. Maintaining equine-drawn vehicle for hire company permit. Sec. 162-166. Table of fines. Secs. 162-167—162-180. Reserved.

Article III. Sightseeing Vehicles Division 1. Generally Sec. 162-181. Definitions. Sec. 162-182. Unlawful acts. Secs. 162-183—162-195. Reserved.

Division 2. Permit Sec. 162-196. Required. Sec. 162-197. Criteria for issuance. Sec. 162-198. Transferability. Sec. 162-199. Suspension or revocation. Secs. 162-200—162-220. Reserved.

Article IV. Wreckers and Towing Services Sec. 162-221. Definitions. Sec. 162-222. Compliance required. Sec. 162-223. Licensing and registration. Sec. 162-224. Fees. Sec. 162-225. Revocation of license; appeals from order of revocation. Sec. 162-226. Fingerprints; permits. Sec. 162-227. Fees charged for nonconsensual motor vehicle towing. Sec. 162-228. Lettering on vehicles. Sec. 162-229. Service calls. Sec. 162-230. City employees soliciting business. Sec. 162-231. Solicitation of towing work. Sec. 162-232. Notification upon removal of vehicle at request of other than police officer. Sec. 162-233. Impound lot; attendant. Sec. 162-234. Vehicle not towed upon operator returning. Secs. 162-235—162-250. Reserved.

Article V. Vehicle Immobilization Services Sec. 162-251. Sec. 162-252. Sec. 162-253. Sec. 162-254.

Sec. 162-255. Sec. 162-256. Sec. 162-257. Sec. 162-258.

Sec. 162-259. Sec. 162-260. Sec. 162-261. Sec. 162-262. Sec. 162-263. Sec. 162-264. Sec. 162-265. Sec. 162-266. Sec. 162-267. Sec. 162-268.

Definitions. Compliance required. License to operate a vehicle immobilization service. Permit to operate as an operator of a vehicle immobilization service. General requirements for applicants of a license or permit. Registration of vehicles used by a vehicle immobilization service. Application, license and permit fees. General requirements for vehicle immobilization services and operators. Enforcement. Fees charged by vehicle immobilization service. Signs. Lettering on vehicles. Service calls. City employees soliciting business. Solicitation of vehicle immobilization work. Vehicle not immobilized upon operator of vehicle returning. License not in lieu of business license. Reserved.

Secs. 162-1—162-25. Reserved.

ARTICLE II. ANIMAL-DRAWN VEHICLES AND TAXICABS* DIVISION 1. GENERALLY