Atlanta Council exempts some city infrastructure from parts of tree-protection rules, adds sunset and replanting limits

The Atlanta City Council on Monday adopted ordinance 25‑O‑01129 as amended, temporarily exempting some city-managed public infrastructure projects from parts of the city's Tree Protection Ordinance (TPO) while retaining requirements that the city replant or pay recompense for trees removed.

The measure, introduced through the Finance and Executive Committee and finalized in committee, applies to public works administered by the Department of Watershed Management, Atlanta Department of Transportation, Department of Enterprise Asset Management, Atlanta BeltLine, Inc. and PATH Foundation. The council voted 13‑0 to adopt the ordinance as amended and later voted to transmit the legislation to the mayor's office posthaste by the same margin.

Council members and advocates said the exemption aims to keep long-delayed public works and federally funded projects from stalling while the council finalizes a revised tree-protection ordinance. But advocates for canopy protection warned the change reduces protections and urged a prompt return to stronger rules.

Councilmember Marcy Collier Overstreet, one of the lead sponsors, summarized the compromise before the vote, saying the amended ordinance keeps recompense obligations in place while allowing projects to proceed. The amendment adds a time limit: the exemption will expire on the effective date of a new TPO (the drafters said an effective date of Jan. 1, 2026 has been contemplated) or on March 17, 2026, whichever comes first. Overstreet also added language preserving how "caliper inches" for required replacement plantings are calculated for projects subject to federal consent decrees.

Several residents and conservation groups had pressed the council to retain stronger protections. "That means a lot of trees are gonna come down without any oversight, any permitting," said Delilah Anthony of Tree Next Door during public comment on the ordinance, arguing the city's proposed recompense levels were too low. Greg Levine of Trees Atlanta warned the proposed recompense formula in the substitute would "bring down protection for trees" and noted that $30 per inch — a figure cited in discussion — covers only a fraction of the real cost of planting and establishing larger trees.

Representatives of Atlanta BeltLine Inc. told council members that construction schedules are time-sensitive. "We have received more than $40,000,000 in federal funds to advance the construction of the Northeast Trail and the Northwest Trail," said Kevin Burke, director of design for the BeltLine, and said delays to permitting could endanger those grants. Jill Johnson, BeltLine's director, said the project had "maximized the area available to us" for planting and described serious replanting constraints if projects are delayed.

The city attorney, Amber Robinson, clarified the amendment's language about timing and compliance: the temporary exemption does not change the underlying recompense calculations in the code. Robinson told the council that making the sunset tied to the TPO's effective date rather than the date of approval avoids a potential gap where different rules would apply.

After adopting the amended ordinance, Councilmember Dustin Hillis moved to transmit the item to the mayor's office immediately; that motion passed on voice vote with 13 ayes and no nays.

What the ordinance does and does not do: it temporarily exempts the listed city departments and certain named public projects from the TPO's permitting steps but keeps in place the requirement that the city either replace trees on project sites "to the maximum extent feasible" or pay compensation to the tree trust fund for trees removed in excess of trees replaced. The amendment specifically states the method for calculating replacement caliper inches for projects under federal consent decrees is not subject to change by this ordinance.

The council and community advocates agreed the exemption is temporary and tied to completion of a revised TPO. Supporters of stronger tree protection said they will press the council to adopt the updated TPO before the sunset date.

Votes at a glance: The council adopted 25‑O‑01129 as amended, 13‑0, and approved sending the ordinance to the mayor's office posthaste, 13‑0.

Next steps: The exemption remains in force until the new TPO becomes effective or March 17, 2026, whichever occurs first. Council members who supported the exemption said they would continue work to finalize and adopt a new TPO before that deadline.