Situation Update: February 3rd, 2023

PROPOSAL DEFERRED - We Still Need Your Support for a Critical Tree Preservation Bill

We need you to act today to help protect Nashville’s tree canopy.  On Thursday, February 9th, the Planning Commission will vote on BL2022-1409 “Tree Canopy Preservation” legislation . 

Please click on one of the green buttons on this page to write the planning commission today at planning.commissioners@nashville.gov

We will update this page and send an email out when we know the date of Metro Planning Commission’s deliberation of this legislation. Information about the meetings can be found here.

The planning commission is receiving emails from our opposition that don’t tell the whole story about the protections created in this legislation.  We can’t emphasize enough how important it is that you take a few minutes of your time to write in or come speak in support of BL2022-1409 Tree Preservation Bill.  Forward this message to your Nashville friends too! If you’re an organization receiving this message, please consider forwarding it on through your network.

We have added some talking points you may use in your letter to the Planning Commission below.  Please make sure you add your name and address at the end of the email.   Share a personal story or send pictures with your email to make it stand out more to Planning Commissioners!

Background: This legislation has been in development since the fall of 2021. In August 2022 this legislation was filed officially. Councilwoman Murphy and the Planning Commission staff have held two industry/developer community meetings since August.There has been almost six months for builders to provide their feedback in this legislation, and many developers did provide their feedback, and numerous changes were made to the legislation making it more balanced and thoughtful in its application. Yet some in the community are spreading misconceptions about the legislation and that is why we need your help as average everyday citizens who care deeply about the livability of our city.

BL2022-1409 is a 34 page piece of legislation because it updates, organizes, adds protections and closes existing loopholes.  you can find the entire legislation here.

We have put together a presentation outlining the basic concepts of the proposal here.

Here are highlights and talking points for the legislation you can use in your email.

Creates Clearcutting Restrictions by Zoning— For the first time in Nashville’s history, this legislation seeks to implement a maximum % of tree canopy removal cap that can occur on a piece of property based on its zoning.  Those parcels zoned larger in size and more rural must retain a higher percentage of canopy and vice versa.  In this legislation, there is a 5-year look back period that specifically seeks to prevent this type of land preparation.  Our neighboring cities in Tennessee have these same standards, why is Nashville being held behind?

Mitigates Heritage Tree Removal— This legislation seeks to make large mature non-invasive healthy trees in our neighborhoods valuable to retain.  By making trees worth a certain number of tree credits based on their size, this legislation requires those tree credits be planted back onto the property or paid into the metro public tree bank. 

Creates Building Permit Trigger— This legislation specifically avoids including average everyday citizen’s landscaping activity.  What you do and the landscaping decisions you make regarding the large trees on your property are yours to make without permit or impairment.  Similar to the Nashville’s sidewalk ordinance, the regulations in this legislation are triggered by the application and granting of a building permit and/or a grading permit.  As this city develops, these new rules will put new parameters for how trees are to be handled and valued.

Removes Invasive Vines— If a tree is to be retained for credit during a development, it must be cleared of exotic invasive vine growth.  BL2022-1409 specifically encourages the removal of exotic invasive species during development and specifically requires that that large mature desirable tree species (trees over 24” diameter), such as our majestic oak trees, which each tree can support literally hundreds of other life form species.  We need to protect the value of the existing larger trees in our neighborhoods. 

Requires Signage—When a tree removal permit is sought, bright yellow signage must be put up to inform the public and adjoining neighbors of the intent and builder contact information supplied on the sign.  This is for general public notice and public safety—large trees are very big and heavy, and everyone living around them should be alerted when they are going to come down. 

Protect Property Rights for Boundary Trees—Boundary trees are trees that have trunk parts that grow on a property line and are illegal to remove without all property owner’s permission.  In this legislation, if a tree is a boundary tree, the builder must gain written approval from adjoining property owner(s) for the tree removal permit to be approved.  This prevents neighbors from being taken advantage of when a new home construction project who often begin to clear the lot next door to them

Increases Landscaping Buffer Standards—Ever notice how other cities and surrounding counties plant more trees than we do?  This legislation will increase tree planting standards across the entire county as it develops.  We will now have very similar standards to our neighbors.  Nashvillians deserve to have the best-looking city possible.   

Additional reading about the misconceptions spreading like kudzu…

What the opposition is saying—There is a claim that there has been no assessment of the impact of the 2019’s tree ordinance that was passed.  They are referring to BL2018-1416 which NTCC was an integral part of its passage, here is an article about it.  This legislation that passed in 2019, specifically focused on increasing tree density standards from the very lowest amongst our peer cities (14 Tree Density Units) to just below average (22 TDU) for only commercial, multifamily, and mixed-use properties—it did nothing of substance to help preserve existing tree canopy in our neighborhoods.  It was never intended to fix the broader issues putting downward pressure on our urban tree canopy.  This legislation, the Tree Preservation Bill BL2022-1409 seeks to meaningfully and thoughtfully preserve existing tree canopy borrowing from already proven models that other peer and neighboring cities use such as Charlotte, Raleigh, Austin, Knoxville, Louisville, Williamson County, Franklin.

Timing: A conservative estimate from Metro Water Department has assessed that Nashville has lost about 1,000 acres of forest from 2008 to 2016—a 13% decline in tree canopy coverage!!!  We know the assessment scheduled to take place this year will show us that canopy coverage number has continued to decline drastically since 2016.   It’s time for Nashville to make meaningful steps to protect what is left of Nashville's neighborhood identity through this legislation.