Legislation Update: Protecting Trees During Construction and Development
The Metro Nashville Government is currently considering legislation that will enhance tree protection during construction projects. The bill will be decided upon at the February 4th, 2025 public hearing, so there’s still time for residents to reach out to their district representatives to encourage them to vote in favor of it. Here, we’ll go over what the legislation means for Nashville’s canopy, then we’ll share some guidance on how to voice your support for this development in Nashville’s tree law!
Improving Standards of Tree Care in Nashville
This new legislation is an update to existing guidance under Title 17, Zoning, in the code of the Metropolitan Government of Nashville and Davidson County. The proposed changes include:
Adding the definitions for “critical root zone” and “structural root zone” for protection guidance;
Improved tree protection measures during construction to minimize damage and promote healthy tree growth;
Stricter tree replacement requirements for any damaged trees, emphasizing the importance of maintaining and growing the city's urban tree canopy;
Strengthened penalties for illegal removal of publicly owned trees, deterring unauthorized cutting, and promoting responsible stewardship of Nashville's urban forest.
Two sections are affected by this legislation: Chapter 17.04 on general provisions and definitions, and Chapter 17.28 on development and its effects on the environment. The full text of the proposed legislation can be found at the Metro Government’s legislative information page here.
17.04. General Provisions and Definitions
The proposed legislation adds the terms “critical root zone” and “structural root zone” and their definitions to this section for guidance in tree protection during construction. This is an update to the law based on current industry best practices of defining the boundaries of a tree’s roots using particular measurements, instead of going by the dripline (the edge of the tree’s canopy spread) to approximate the extent of the roots.
The “critical root zone” is the minimum area of roots considered critical to the long-term health of the tree, containing nutrient-absorbing roots; these roots extend beyond the dripline of a tree.
The “structural root zone” is the minimum area of roots required to maintain the structural stability of the tree. This area is closer to the tree than the dripline and affects the immediate stability of a tree. If these roots are damaged, it can pose immediate safety risks.
These more precise definitions and measurements help protect the health and safety of trees with more intention during construction activities.
17.28. Environmental and Operational Performance Standards
The purpose of article 17.28 of Metro’s zoning code is to establish standards for development in environmentally sensitive areas to minimize disturbances to the land when choosing a site for new construction. The requirements and standards are intended to promote low-impact development, such as maintaining existing trees and planting new ones to either replace any that were removed or to reforest an area.
The new legislation proposes updates to the required protection zone around existing trees in construction areas, as well as establishing a tree protection violation clause to further discourage damage and unnecessary removals. These regulations help ensure that developers and construction teams are conscientious and careful around our city’s established trees.
How You Can Support This Legislation
We encourage Nashvillians to contact their local district representatives in support of the proposed legislation! You can look up your representative and their contact information here.
To write an effective message of support to your district representative (or to share your support by phone), here are a few guidelines:
Be professional: Start your message with a formal greeting, be brief, and be kind.
Be direct: Your message’s purpose should be clear. Reference the bill (BL2024-687) and share why it is meaningful to you: this might be a personal exposure to damaged or lost trees from construction or simply that you appreciate Nashville’s canopy and want to see that our trees be kept in good condition.
Ask them to pass the bill: End your message of support with a call to action by urging them to support and pass the bill on February 4th, 2025.
Sign off respectfully and include contact information: Close with “Sincerely” or “Best regards,” followed by your full name, as well as your address and any other contact information to establish your locality and to permit a follow-up.
Check out the Nashville Tree Conservation Corps’ tree sale page to browse our range of species available to Nashville-area residents at a cost below retail price. Consider volunteering with us, or donate a tree for us to plant! A financial donation is another way to make an impact through NTCC since our work is funded in large part by residents and businesses here in Nashville.
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