Appealing an Arborist's Decision

Know the Law

When the city arborist makes a decision about a tree that you do not agree with, it is within your right to file an appeal.  However, you should know the law before going into the hearing.  It will be helpful to review the Tree Removal FAQ and the full Tree Protection Ordinance so that you fully understand what the law does and does not protect. Do not try to argue your case based on emotion, personal fears, impact to your property value, or beauty of the neighborhood--the Tree Commission's decision cannot be based on any of these things.  Also, understand that it is not the City Arborist nor the Tree Commission's job to advocate on behalf of saving trees.  Their responsibility is to enforce the Tree Ordinance as written.  If you don't like the way the Tree Ordinance is written, then please join The Tree Next Door to advocate for changes to the Ordinance.  You cannot use the appeals process to re-write or re-interpret the law.
 

Information and Forms

If you want to appeal the City Arborist's decision on a tree(s), you must submit the proper paperwork by the deadline date.  Download the Tree Appeal Procedure and Tree Appeal Form or contact Kathryn Evans at 404-330-6235 at the City Arborist Office to have the tree appeal package faxed to you.  (The City Arborist Office can also give you the appeal deadline date if you are unable to obtain it from a posting sign.)

Also obtain from the City Arborist Office:

  1. The permit # from City Arborist for the site under appeal.
  2. Copy of site plans approved by city arborist.
  3. Copy of  the arborist’s preliminary approval.
  4. Copy of any supporting documentation about the health of the trees.

Use the official Tree Appeal Form when submitting your appeal and make sure to deliver the form and $75 fee by the deadline indicated on the posting sign.  Given that the window of time to submit an appeal is very short, we highly recommend that you either deliver the appeal form in person or contact Kathryn Evans (404-330-6235) and tell her that you will be faxing the form directly to her (at 404-658-6977) and then immediately send in the $75 check.

All appeal forms should be delivered to:

Kathryn Evans
Administrative Assistant, Sr.
Arborist Division, Office of Buildings
55 Trinity Avenue, Suite 3800
Atlanta, Georgia 30303-0309

The appeals process can seem overwheming if you have never filed an appeal before.  Do not feel that you have to go it alone!  The Tree Next Door has volunteers who have been through the appeals process more than once and will be happy to assist you.  (However, TTND cannot file appeals on your behalf.)  Please don't hesitate to contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you need help.  We will respond within 24 hours to all requests for help with an appeal.  If your appeal deadline is within 48 hours, we will respond the same day!

A flow chart of the appeals process can be found here.

   

Call Your Neighborhood City Arborist

If time permits, call the arborist for your area to discuss the case prior to filing an appeal.  Also, in cases in which you are appealing a tree removal decision, it may be helpful to talk directly with the person who is requesting the tree removal.  Sometimes the permit requestor is willing to accomodaate changes to the tree plan and removal permit in order to avoid the appeals process.  However, make sure to get any concessions granted in writing as part of the tree plan and removal permit, or otherwise you have no recourse if the agreed upon changes are not implemented.

Who is the Arborist in my neighborhood?

Effective September 2, 2010

NW: Michael Franklin, 404.330.6079

NE: David Tachon, 404.330.6077

SW & SE: Stan Domengeaux, 404.330.6078

arboristzones2010

 

 

 

 

 

 

 

 

 

 

 

 

Arborist Zones (overlaid on NPU boundaries)  Note: as of 2-2-2012, this link appears to not be working on Atlanta's GIS Map site.

   

Check the Building Site Plan

A building site plan is a map (or survey) of the property with all the trees and existing/proposed building structures marked.  Any trees that are to be removed will be noted on the plan along with their diameter at breast height (DBH).  You will want to make sure that all the trees to be removed are correctly marked and measured on the plan.  Quite often the site plan does not reflect all the trees that will be impacted or destroyed, and recompense for removed trees is calculated only for those trees marked for removal on the plan. 

A building site plan should include the following elements:

  • A tree survey identifying the size, species and location of all trees having a diameter at breast height (DBH) of six inches or more
  • Trees to be saved and trees to be destroyed
  • Identification of “boundary trees” on adjacent properties
  • Topography at two-foot contour intervals
  • Existing and proposed structures, including driveways and parking areas, water detention ponds, utilities, material staging areas, and all areas requiring cut or fill
  • The root save area (critical root zone) of each tree identified, along with a calculation of the percentage of the area to be impacted by construction
  • Location of tree protection fences
  • A proposed tree replacement plan must be included, as well as the manner that the newly planted trees will be watered  A paid maintenance contract may be required.
  • If a construction limit line is established on the plan it must also be established by a tree protection fence on site, beyond which no activity is allowable [Sec. 158-105(a)(b)]

How to check the site plan:

  • Verify that trees marked as 'impacted' on the plan are correctly defined in terms of their placement on the property as well as their size and species.  "Impacted" means that the tree will suffer injury or destruction of more than 20% but not more than 33% of its root save area.  The root save area is found by drawing a circle around the tree that has a radius of 1 foot for each 1 inch DBH, or diameter at breast height, of tree.  For example, a tree with a DBH of 20 has a root save area of 20 feet around the tree.  Another way to quickly determine whether the root save area is being encroached upon is to imagine that the roots of the tree extend as far out underground as the branches extend overhead.
  • Verify that trees marked as "lost" on the plan are correct as well.  A "lost" tree is any tree that will suffer injury or destruction in excess of 33% to root save area or is otherwise not protected according to provision of ordinance.
  • If you need to measure any trees on site take a tape measure and wrap around the trunk of the tree at 4 1/2 feet from the ground.  Then, divide this number by 3.14 to calculate the DBH or diameter at breast height.  (diameter = circumference divided by 3.14).
  • Determine if any boundary trees are impacted (tree on adjacent property whose root save area intrudes across the property line of the site under consideration).  Note these on your list and plan.  Include size and species.  Boundary trees are not to be "impacted" without the knowledge and consent of the owner of the boundary tree. 
   

Verify Recompense Calculations

Check that the city has calculated recompense accurately, reflecting all the trees that will be lost or impacted. Recompense calculations are in the Tree Protection Ordinance, Sec. 158-34 and Sec. 158-103.

Check carefully for accuracy (location and number of trees, species, size, etc.).  Sometimes the plan is wrong and the city arborist has never visited the site to verify its accuracy. It is quite remarkable the number of trees that are never specified on a site plan when the permit applicant believes the city arborist won't visit the site in-person..

Recompense is not required for trees that are considered dead, dying, diseased or hazardous [DDDH].  According to the current wording of the Tree Protection Ordinance, no appeal can be made on a tree that has been ruled as DDDH by a city arborist, even if a private arborist says the tree is healthy.

However, if the DDDH ruling has been given based only on a site or tree plan submitted by the applicant who wants to remove the tree(s), you can -- and should -- request a follow-up onsite inspection by the city arborist. The DDDH no-appeal clause in the Tree Ordinance prevents citizens from having the right of appeal and is one of the most commonly exploited loopholes in the Tree Protection Ordinance.

   

Page 1 of 2

best cookware sets blog the cookware sets blogs cookware sets blog which cookware sets cookware sets best cookware set cookware sets watersoftener reviews best watersoftener review blog top watersoftener review blog samsung chrome book which samsung chrome book best samsung chrome book espresso machine review best espresso machine reviews blogs top espresso machine reviews fish finder reviews blog fish finder reviews which blenders reviews top blenders reviews blogs blenders reviews blog best coffee machines reviews blog top coffee machines reviews coffee machines reviews best massage chair review blogs which massage reviews best baby stroller reviews blog top baby stroller reviews satılık yavru kpek ata˛ehir satılık yavru kpek maltepe satılık yavru kpek kartal kpek eğitim iftliği karaky kpek eğitim iftliği bahelievler kpek eğitim iftliği maltepe kpek eğitim iftliği kpek pansiyonu maltepe kpek pansiyonu avcılar kpek pansiyonu taksim kpek pansiyonu bebek orlu haber ergene haber pornovepornon.com hizlipornolar.org hizlisexizle.net