Leaf Those Trees Alone!

All but one of the homeowners bought their houses in the Leafy Green subdivision because they loved the way the developer had left the back yards wooded.  Squirrels scampered from tree to tree, birds made their homes in high nests, and in the summer it seemed cool.  Imagine the human residents’ surprise, then,  when they got home from work one day and saw that one of their neighbors had clear cut the trees to the property line.  The angry calls to the members of the Board of Directors of the Leafy Green Homeowners Association, Inc. began immediately.  While there is no way to replace an old growth forest overnight, the Board knew that several remedies were available and pursued them at once.

Governmental Regulations

There is no Georgia state statute regulating the removal of trees generally.  HB 557 (Burkhalter’s Tree Bill) was recently passed in the Georgia House of Representatives, but was not passed by the Senate.  Many metropolitan Atlanta counties and some incorporated municipalities, however, have tree ordinances which vary in their specifics but generally are intended to do the following:  1) Protect existing and certain designated “specimen” trees; 2) Establish tree save areas in development areas; 3)  Require planting of shade trees in parking lots and other areas as appropriate; 4) Protect existing trees from damage during construction; 5) Require replanting where trees have been cut down; 6) Require that trees along public right of ways be pruned in a healthy and attractive manner; and 7) Set goals of no net loss of trees in the jurisdiction.  These ordinances are enforced by the County or the City.  If you see a violation in your City or County you (or the Board) should contact the City or County arborist or code enforcement officer who may be able to help you even if there is not a local ordinance in effect.  Trees Atlanta, an organization whose mission is to protect, beautify, and preserve our metropolitan environment by planting and conserving trees, has compiled the following list of government contacts:

Copies of many of the local ordinances are available on the internet, for example, Fulton County is at www.fultonecd.org.

Government entities have the power to issue citations, fine and/or require replanting.  The penalties for violating tree ordinances can be severe.  In Fulton County any person violating any of the provisions of the tree ordinance shall be liable for a fine of up to $1,000.00 per violation per day.  Each calendar day a violation continues to exist is considered a separate offense.  There is no maximum fine.  Enlisting the help of your local governmental entity in cases of unapproved tree cutting is often an efficient and cost-effective method of ensuring compliance and may give almost immediate results.  If you are unsuccessful in reaching, or getting assistance from the ordinance enforcement officers, call your county commissioner or other elected representative.

Restrictive Covenants

In some communities, such as the City of Decatur, the tree ordinance does not apply to trees on residential properties.  Even if your community government is not able to assist you, however, your neighborhood may have a remedy.  Most Declarations of Protective Covenants, Conditions, Restrictions and Easements contain provisions, often in the article relating to use restrictions, that prohibit removal of trees of a certain size and trees of certain species regardless of size.  In addition to violating local ordinances then, a wholesale cutting of trees would constitute a violation of the neighborhood’s covenants as well.  The remedies available to the association for violating these provisions generally includes fining and/or seeking equitable relief.  In the case of a homeowner who clear cuts his property, an association would have to carefully follow the procedures set forth in the Declaration and By-Laws of the Association before imposing fines and filing liens.  The Association may well want to file suit quickly to collect the fines and, maybe more importantly, to ask the Court for a mandatory injunction to order the homeowner to replant the trees.

It is important that a representative from the Association document the condition of the property as soon as possible after the incident by taking photographs and videotapes.  It is imperative that the Association determine the number of and species of trees cut.  This should be done immediately before the tree removal company has the opportunity to remove the trees and grind the stumps, making it much more difficult to ascertain damages.

Preventive Measures

The best defense is always a good offense.  Be sure that your association includes articles in its newsletter about the importance of obtaining approval before cutting any trees.  Put an item on the association’s web page.  Remind everyone at the annual meeting to review the use restrictions in the Declaration, including the provision about trees.  Trees Atlanta says it best:  “It’s easy to replace a hundred year old tree.  Plant a new one, then wait a hundred years.”