http://www.chattanooga.gov/citycode/CHAPTER26.html ARTICLE V. TREE ORDINANCE

DIVISION 1. GENERAL

Sec. 26-101. Title.

This article shall be known and may be cited as the Chattanooga Tree Ordinance.
(Ord. No. 9315, § 1, 1-30-90)

Sec. 26-102. Purpose.

Street trees and plantings on public grounds constitute an important public asset of the City of Chattanooga, enhancing the
attractiveness and environmental health of the City, thereby promoting the general and economic well-being of the City. Urban
trees are a fragile public resource and may be damaged or destroyed through malicious, careless, or even well-intentioned
actions. This public resource may best be improved and protected by a program of comprehensive management and regulation
of planting, maintenance, and removal, administered by a new office within municipal government. This program shall be known
as the "Urban Forestry Program," or alternatively as the "Tree Program."
(Ord. No. 9315, § 1, 1-30-90)

Sec. 26-103. Definitions.

For the purpose of this Article the following terms, phrases, words, and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present tense include the future, words in the plural include the
singular, and words in the singular include the plural. The word "shall" is mandatory and not merely directory.

City - the City of Chattanooga, Tennessee.
City Property - all real property which is owned or leased by the City or which is maintained by it, or any part of any public
right-of-way.

Diameter at Breast Height (DBH) - a standard of measure of tree size, consisting of the diameter of the tree at a height of four
and one-half (4.5) feet above the ground.

Highway or Street - the entire width of every public way or right-of-way when any part thereof is open to the use of the
public, as a matter of right, for purposes of vehicular or pedestrian traffic.

Municipal Forester - the Municipal Forester or other qualified designated official of the City of Chattanooga, assigned to carry
out the enforcement of this Article.

Park - shall include all public parks having individual names.

Park Division - the designated unit of the City under whose jurisdiction park and/or street trees fall.
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Planting Plan - a scaled drawing depicting all plant materials, specifications, and any other information required by the
Municipal Forester for the evaluation of permit applications.

Property Line - shall mean the outer edge of the right-of-way of a highway or street.

Property Owner - shall mean the person owning property as shown by the County Assessor's Plat of Hamilton County,
Tennessee.

Pruning Standards - generally accepted standards for pruning as defined in the current edition of Pruning Standards by the
American Society of Consulting Arborists.

Public Trees - shall include all shade and ornamental trees now or hereafter growing on any street, park, or any other public
place.

Right-of-way - that property located within and adjoining the public streets, roads, highways and public easements within the
City, which rights-of-way are owned or otherwise maintained by the City.

Street Trees - trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all
streets, avenues, or ways within the City.

Topping - the severe cutting back of limbs or trunks within the canopy of a tree so as to remove the normal canopy and
disfigure the tree.

Treelawn - that part of a street or highway, not covered by sidewalk or other paving, lying between the property line and that
portion of the street or highway usually used for vehicular traffic.

Urban Forestry Program - an affirmative action program for management of trees within the City as a public resource.
(Ord. No. 9315, § 1, 1-30-90)

Sec. 26-104. Establishment of a Tree Advisory Commission.

(a) There shall be created a commission to be known and designated as "Tree Advisory Commission" composed of seven (7)
persons, who shall be residents of the City of Chattanooga or of Hamilton County. Said members shall be appointed by the
mayor with approval of the Governing Body of the City. The Superintendent of the Division of Parks and Municipal Forester
shall serve as advisors to the Commission. All members of the Commission shall serve thereon without pay. The members first
appointed by the mayor shall be appointed for terms as follows: Three (3) for two (2) years; (3) for three (3) years; and one
(1) for four (4) years, and serve until their successors are duly appointed and approved by the city council. Successors to those
members appointed by the mayor shall thereafter be appointed for terms of four (4) years. Vacancies caused by death,
resignation, or otherwise, shall be filled for the unexpired term in the same manner as original appointments are made.

(b) Organization. Within a reasonable time after the appointment of said Commission and approval of the members thereof,
upon call of the mayor, the Commission shall meet and organize by election of a chairman and appointment of the Municipal
Forester as secretary. The Commission shall then provide adoption of rules and procedures and for holding of regular special
meetings as the Commission shall deem advisable and necessary in order to perform the duties set forth.

(c) Duties.

(1) The Commission shall study the problems and determine the needs of the City of Chattanooga in connection with its urban
forestry program and report from time to time to the Governing Body of the City as to desirable legislation concerning the tree
program and related activities for the City.

(2) The Commission shall recommend to the Commissioner of Public Utilities, Grounds and Buildings candidates for the office
of Municipal Forester.

(3) The Commission shall assist the properly constituted officials of the City, as well as the Governing Body and citizens of the
City, in the dissemination of news and information regarding the selection, planting, and maintenance of trees within the
corporate limits, whether they be on private or public property.

(4) The Commission shall provide regular and special meetings at which the subject of trees, insofar as it relates to the City,
may be discussed by the members of the Commission, officers and personnel of the City and its several divisions, and all others
interested in the urban forestry program.

(5) The Commission shall hear and decide appeals from decisions of the Municipal Forester as set forth in Sec. 26-107.
(Ord. No. 9315, § 1, 1-30-90; Ord. No. 9662, §§ 1 and 2, 1-21-91)

Sec. 26-105. Establishment of the position of Municipal Forester.

(a) Appointment. The Municipal Forester shall be appointed by the Governing Body of the City upon recommendation by the
Commissioner of Public Utilities, Grounds and Buildings after a competitive examination and interview given by the Tree
Advisory Commission. He or she shall be a person skilled and trained in the arts and sciences of municipal arboriculture, and
shall hold a college degree in urban forestry, arboriculture, ornamental or landscape horticulture, or other closely related field.
He or she shall have had at least three (3) years experience in municipal urban forestry work or its equivalent. The office of the
Municipal Forester shall be an administrative unit of the Department of Public Utilities, Grounds and Buildings. The position of
Municipal Forester shall be fully funded for a minimum of three (3) years. Should the office of Municipal Forester be vacant, the
authority of that office shall be transferred to the Superintendent of Parks until such time as the Municipal Forester position is
filled.

(b) Salary. The Municipal Forester shall receive a salary commensurate with his or her training and experience as full
compensation for all services rendered and in lieu of all fees.

(c) Duties and Authority.

(1) General. The Municipal Forester shall have the authority and jurisdiction of regulating the planting, maintenance, and
removal of trees on streets and other publicly owned property to insure safety or preserve the aesthetics of such public sites.
The Municipal Forester shall promulgate the rules and regulations of the Arboricultural Specifications and Standards of Practice
governing the planting, maintenance, removal, fertilization, pruning, and bracing of trees on the streets, parks and other public
places in the City, and shall direct, regulate, and control the planting, maintenance and removal of all trees growing now or
hereafter in any public area of the City. He or she shall cause the provisions of this Article to be enforced. The Municipal
Forester shall seek the advice of the City Traffic Engineer in matters concerning trees which may be a hazard to traffic safety.

(2) Permit Authority. The Municipal Forester shall have the authority to issue or deny permits for planting, maintenance, or
removal of trees as authorized. It shall also be his or her duty to supervise or inspect all work done under a permit issued in
accordance with the terms of this Article.

(3) Master Street Tree Plan. The Municipal Forester shall have the authority to formulate a Master Street Tree Plan with the
advice and approval of the Tree Advisory Commission. The Master Street Tree Plan shall specify the species of trees to be
planted on each of the streets or other public sites of the City. From and after the effective date of the Master Street Tree Plan,
or any amendment thereof, all planting of Public Trees shall conform thereto. The Municipal Forester shall consider all existing
and future traffic, utility and environmental factors and urban design criteria when recommending a specific species for each of
the streets and other public sites of the City.
(Ord. No. 9315, § 1, 1-30-90; Ord. No. 9662, § 3, 1-21-91)

Sec. 26-106. Interference with Municipal Forester.

No person shall hinder, prevent, delay, or interfere with the Municipal Forester or any of his assistants while engaged in
carrying out the execution or enforcement of this Article; provided, however, that nothing herein shall be construed as an
attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of
property rights by the owner of any property within the City.
(Ord. No. 9315, § 1, 1-30-90)

Sec. 26-107. Right to appeal decision of Municipal Forester.

Any aggrieved party shall have a right to appeal any decision of the Municipal Forester. If a party wishes to contest a decision
he shall, within ten (10) days from the date of receipt of such decision, request in writing a hearing before the Tree Advisory
Commission for a review and/or hearing on said decision. Any decision of the Tree Advisory Commission shall be final, subject
to appeal to a court of competent jurisdiction.
(Ord. No. 9315, § 1, 1-30-90)

Sec. 26-108. Legality of article and parts thereof.

Should any section, clause, or provisions of this Article be declared by a court of competent jurisdiction to be invalid, the same
shall not affect the validity of the Article as a whole, or parts thereof, other than the part so declared to be invalid.
(Ord. No. 9315, § 1, 1-30-90)

DIVISION 2. PUBLIC PROPERTY

Sec. 26-110. Public tree care.

(a) City authority on public grounds. The City shall have the right to plant, prune, maintain and remove trees, plants,
branches and shrubs within the property lines of all streets, alleys, avenues, lanes, boulevards, public schools, and public
grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public
grounds.
(b) Private planting on public grounds. This section does not prohibit the planting of street trees by adjacent property
owners providing that the selection and location of said trees is in accordance with Sections 26-105 and 26-112 of this Article.

(c) Damage. Unless specifically authorized by the Municipal Forester, no person shall intentionally damage, cut, carve,
transplant, or remove any tree; attach any rope, wire, nails, advertising posters, or other contrivance to any tree; allow any
gaseous, liquid, or solid substance which is harmful to trees to come in contact with any public tree.

(d) Topping. It shall be unlawful for any person, firm or city department to top any street tree, park tree, or other tree on public
property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where
other pruning practices are impractical may be exempted from this provision by agreement of the Municipal Forester.

(e) Stumps. All stumps of removed street and park trees shall be removed below the surface of the ground so that the top of
the stump shall not project above the surface of the ground.

(f) Construction protection.

(1) All trees on any street or other publicly owned property near any excavation or construction of any building, structure, or
street work, shall be guarded with a good substantial fence, frame, or box not less than four (4) feet high and eight (8) feet
square, or at a distance in feet from the tree equal to the diameter of the trunk in inches of diameter at breast height (DBH),
whichever is greater, and all equipment and building material, dirt, or other debris shall be kept outside the barrier; provided,
however that upon good cause shown the Municipal Forester may alter or waive the foregoing requirements.

(2) No person shall excavate any ditches, tunnels, trenches, or lay any drive within a radius of ten (10) feet from any public tree
without first obtaining a written permit.

(3) No person shall deposit, place, store, or maintain upon any public place of the City any stone, brick, sand, concrete, or
other materials which may impede the free passage of water, air, and fertilizer to the roots of any tree growing therein, except
by written permit of the Municipal Forester.
(Ord. No. 9315, § 1, 1-30-90)

Sec. 26-111. Obstructions--minimum clearances.

It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property
there may be trees, to prune such trees in such manner that they will not obstruct or shade the street lights, obstruct the passage
of pedestrians on sidewalks, obstruct vision of traffic signs, obstruct the view of any street or alley intersection, or otherwise
endanger the public. The minimum clearance of any overhanging portion thereof shall be eight (8) feet over sidewalks, and
twelve (12) feet over all streets and vehicular use areas except truck thoroughfares which shall have a minimum clearance of
fourteen (14) feet. No street trees shall be planted closer than ten (10) feet to any fireplug. No street trees shall be planted
closer than twenty (20) feet to any overhead electrical or telephone wires unless specifically approved by the Municipal
Forester as a low growth variety suitable for such location. Property owners shall remove all dead, diseased or dangerous
trees, or broken or decayed limbs which constitute a menace to the safety of the public.
(Ord. No. 9315, § 1, 1-30-90)

Sec. 26-112. Permits required.

(a) General.

(1) Except as provided herein, no person shall plant, spray, fertilize, preserve, prune, remove, cut above ground, or conduct
ground-disturbing activities within the drip line of, or otherwise disturb any tree on any street or city-owned property without
first filing an application and procuring a written permit from the Municipal Forester on forms furnished by the Division of Parks.
The person receiving the permit shall abide by the Standards of Practice adopted by the Forester and by other reasonable
conditions imposed by the Municipal Forester.

(2) Applications for permits must be made at the office of Municipal Forester not less than forty-eight (48) hours in advance of
the time the work is to be done. A permit fee of $5.00 shall be charged which shall include costs to the city for instructional
pamphlets to be issued with permits.
(3) The Municipal Forester shall issue the permit provided for herein if, in his or her judgment, the proposed work and the
proposed method and workmanship thereof are in compliance with the provisions of this Article. Any permit granted shall
contain a definite date of expiration and the work shall be completed in the time allowed on the permit and in the manner as
therein described. Any permit shall be void if its terms are violated.

(4) Notice of completion shall be given within five (5) days to the Municipal Forester for his inspection. Such notice shall
include whatever form of identification as may be specified by the Municipal Forester.

(5) General permits may be approved for public and private utility companies which shall install overhead and underground
utilities (including CATV installations and water and sewer installations by or at the direction of the city); provided that, the
company's written pruning and trenching specifications have been annually approved by the Division of Parks and the Tree
Advisory Commission; provided, however, that removal of any tree shall have been specifically approved in advance by the
Municipal Forester. Such general permits may be revoked upon written notice to the permit holder from the Municipal Forester
in the event the permit holder fails to comply with the provisions of this Article or with the conditions of the permit.

c. Planting

(1) Application Data. The application required herein shall state the number of trees to be set out; the location, grade, species,
cultivar or variety of each tree; the method of planting; and such other information as the Municipal Forester shall find
reasonably necessary to a fair determination of whether a permit should be issued. A Planting Plan shall be required if
twenty-five (25) or more trees or shrubs are to be planted.

(2) Improper Planting. Any tree planted in a manner in conflict with the provisions of this section shall be subject to removal as
provided in Division 4 of this Article.

(c) Maintenance. Application Data. The application required herein shall state the number and kinds of trees to be sprayed,
fertilized, pruned, or otherwise maintained; the kind of treatment to be administered; the composition of the spray material to be
applied; and such other information as the Municipal Forester shall find reasonably necessary to a fair determination of whether
a permit should be issued.

(d) Removal, replanting and replacements.

(1) Wherever it is necessary for the city to remove a tree or trees from a treelawn in connection with the paving of a sidewalk,
or the paving or widening of the portion of a street or highway used for vehicular traffic, the city may replant such trees or
replace them. Provided that if conditions prevent planting on treelawns, this requirement will be satisfied if any equivalent
number of trees of the same size and species as provided for in the Master Street Tree Plan are planted in an attractive manner
on the adjoining property with the approval of the property owner(s).

(2) No person or property owner shall remove a tree from the treelawn for any reason without first filing an application and
procuring a permit from the Municipal Forester. The person or property owner shall bear the cost of removal and replacement
of all trees removed.
(Ord. No. 9315, § 1, 1-30-90)

DIVISION 3. PRIVATE PROPERTY

Sec. 26-113. Utility responsibility on private property.

Public and private utilities which install overhead and underground utilities (including CATV installations and water and sewer
installations by or at the direction of the city Department of Public Works or Public Utilities, Grounds, and Buildings), shall be
required to accomplish all work on property subject to this Article in accordance with the company's written pruning and
trenching specifications, or as mutually agreeable to the property owner and the utility. Written specifications shall have been
first approved by the Division of Parks and reviewed by the Tree Advisory Commission.
(Ord. No. 9315, § 1, 1-30-90)

Sec. 26-114. Dead or diseased tree removal on private property.

(a) The city shall have the right to order or cause the removal of any trees that are dead or diseased on private property within
the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat
to other trees within the city. The Municipal Forester shall determine which tree or trees are to be removed.

(b) Unless such trees pose immediate hazard to public safety, the owner of such trees will be ordered, in writing, to remove
said trees, stating the reason for removal and the location of said tree or trees to be removed. Removal shall be done by said
owners at the owner's expense within fourteen (14) days after the date of the order to remove. In the event the owner fails to
comply with such order to remove, or if public safety considerations require immediate removal, the city shall then proceed to
remove said tree or trees, and to charge removal costs to the owner of the property as provided by law in the case of special
assessments.
(Ord. No. 9315, § 1, 1-30-90)

DIVISION 4. ENFORCEMENT

Sec. 26-116. Violations declared nuisances.

The maintenance of any tree in violation of the provisions of this Article by any person is declared to be a public nuisance
dangerous to the public safety and shall be abated as set forth in this Article.
(Ord. No. 9315, § 1, 1-30-90)

Sec. 26-117. Notice requiring abatement of violations; abatement by City; lien for costs.

Upon ascertaining a violation of the provisions of this Article, the Municipal Forester shall cause to be served upon the offender
a written notice to abate which shall (i) describe the conditions constituting a nuisance under this Article and (ii) state that the
nuisance may be abated by the City at the expense of the offender at the expiration of fourteen (14) days from the date of such
notice if the condition is not corrected by the offender. If, at the expiration of fourteen (14) days from the date of said notice to
abate, the condition constituting a nuisance has not been corrected, then such condition may be corrected for the nuisance
abated by the City at the expense of the offender under the directions of the Municipal Forester. The City shall have a lien on
the property upon which such nuisance is located to secure the amount expended for the abatement of such nuisance.
(Ord. No. 9315, § 1, 1-30-90)

Sec. 26-118. Violation declared misdemeanor; penalty.

Any person who shall violate any provision of this chapter, or any person who shall fail or refuse to comply with any notice to
abate or other notice issued by the Municipal Forester within the time allowed by such notice, shall be guilty of a misdemeanor;
each day of such violation or failure or refusal to comply shall be deemed a separate offense and punishable accordingly. Each
violation of this article shall be punishable by a fine of not less than Ten ($10.00) Dollars nor more than Fifty ($50.00) Dollars.
(Ord. No. 9315, § 1, 1-30-90)
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