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Council adopts substitute tree ordinance with 90-day implementation and review requirements

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Summary

The Chattanooga City Council approved an alternate version of the city tree ordinance on first reading, adding a nine-member tree commission requirement, exemptions for sewer emergency work, a retraction process for notable-tree listings and a 90-day implementation period with required reviews.

The Chattanooga City Council on April 1 approved an alternate version of the city's tree ordinance that sets new rules for a tree commission, notable-tree nominations, penalties for clear-cutting and a 90-day implementation window.

The substitution, moved by Councilman Ledford and approved by voice vote, adds a nine-member tree commission with at least five professionally trained members, clarifies duties to include changes to tree-related fees and ordinance text, and requires the commission and council to review the ordinance on a set schedule.

Councilman Ledford said the ordinance is intended to increase and protect the city's tree canopy while respecting private property rights. Chris Anderson, who presented the amendments on behalf of city staff, and Pete Stewart, a city forester, answered technical questions during the committee discussion. Anderson and Stewart explained the ordinance does not prevent a private landowner from cutting a tree on their own property but raises penalties for clear cutting without a permit and requires replanting or replacement equal to 36 caliper inches per acre where trees are removed under permit.

The substitute includes several specific changes discussed on the record: creation of a nine-member tree commission to be appointed by the mayor with council approval; a process allowing property owners to remove a tree from the notable-tree list within 30 days after notifying the city forester; a 2-for-1 caliper-inch credit when a notable tree is retained during development; an explicit exemption for emergency and sewer utility work performed by the wastewater department; and an inspection requirement by the city forester or designee for tree maintenance and replacement actions.

The ordinance sets a review schedule: an initial city-council review six months after the ordinance's effective date and annual review thereafter by the tree commission, and the council moved the effective date to 90 days after adoption to allow time for staff training and public notification.

Council members asked staff to research whether the city can require native trees in new plantings and to consider guardrails for clearing of areas smaller than 1 acre during the 90-day implementation period. Several council members praised stakeholder input from developers, landscape architects and neighborhood residents in shaping the substitute.

The motion to approve the substitute carried with a unanimous voice vote recorded at the meeting.

The council instructed staff to place this alternate version on the revised agenda so the item could be considered in tonight's first-reading votes.