David Babakaiff
Written by David Babakaiff · Co-Founder, VanPlex | 25+ Years BC Construction Last reviewed: October 2026

Permits and Site | Trees and Stormwater

Atlanta Tree Ordinance (2025) and Stormwater Rules for Small Lots

Two City rules limit what you can build on an Atlanta lot once the zoning allows it. The tree ordinance requires a permit to remove a tree of regulated size, replacement trees or a payment for each healthy tree removed, and a minimum number of trees on the lot when the work is finished. The stormwater article applies to projects that create 500 square feet or more of hard surface and requires them to hold rainwater on the site. This page gives the sizes, the payment formula, the tree counts and the stormwater thresholds, from the City Code as updated September 24, 2026.

Trees and stormwater in six facts

The 2025 Tree Ordinance: What Changed and When

The rules are in Chapter 158, Article II of the Atlanta Code. The editor's note at the top of the article records the change: "Ord. No. 2025-19(24-O-1691), § 1, adopted June 24, 2025, repealed the former Art. II" and "enacted a new Art. II as set out herein." The whole article was replaced in one ordinance. Council then amended 38 of its 65 sections by Ord. No. 2026-03 (26-O-1015) on February 11, 2026, counted from the history notes in the code as updated September 24, 2026.

Two dates matter for a budget. The payment value of $140 per inch took effect on January 1, 2026. From January 1, 2027 the value is adjusted each year by the inflation rate for the Atlanta-Sandy Springs-Roswell metro area, using the Consumer Price Index for All Urban Consumers published by the US Bureau of Labor Statistics, and rounded to the nearest whole dollar. The Department of City Planning must publish the adjusted value by January 15 of each calendar year. A project that pays in 2027 should use the 2027 figure.

Advice written before June 24, 2025 describes the repealed article. Check the date on anything you read about Atlanta tree rules.

Which Trees Are Regulated

Section 158-29 applies the article to "all regulated trees on private property, which are all trees other than pines with a diameter-at-breast height ('DBH') equal to or greater than six inches, and pines with a DBH equal to or greater than 12 inches." It also applies to all trees on public property, including parks and rights-of-way.

Diameter at breast height, or DBH, is the ordinance's measure of an existing tree. It is "the diameter of the main stem(s) of a tree measured at four and one-half feet above the natural grade at the base of the tree." For a tree with three or more stems, the DBH is the diameter of the largest stem plus one-half of each additional stem. New trees are measured in caliper inches: the trunk diameter six inches above the soil for a tree under four and one-half inches, and 12 inches above the soil for a larger one.

Section 158-49 sets the basic rule: "No person shall directly or indirectly remove or destroy a regulated tree on public or private property without first obtaining a permit from the city arborist." The word "destroy" covers more than cutting a tree down. The ordinance's definition of destruction includes grade changes that affect more than 20 percent of the critical root zone, trenching of roots, removing more than 20 percent of the live crown, and damage from heavy machinery or stored materials. The critical root zone is a circle around the trunk with a radius of one foot for each inch of DBH. A 20-inch oak has a critical root zone 20 feet in radius.

The ordinance treats three groups of trees differently. Healthy, non-invasive trees "require replacement and/or recompense when destroyed or removed." Trees the City Arborist finds to be dead, dying or hazardous "do not require replacement and/or recompense when removed," though a permit is still needed. Species on the City's list of invasive and undesirable trees do not require replacement or recompense either, except on a site that falls below its tree density after seven or more such trees are removed.

Recompense: $140 per Inch and the Formula

Recompense is the ordinance's word for a payment to the City's Tree Trust Fund for a healthy tree that is removed and not replaced. The first duty is to replace the tree. Section 158-69 says the DBH of all healthy trees approved for removal "must be replaced by planting an equivalent number of caliper-inches on or off-site." Payment "may be made in lieu of planting replacement trees only if all requirements outlined in this section are met."

The formula in the ordinance is:

(caliper inches owed, minus credited caliper inches planted) x $140 = payment

Planted trees earn extra credit. Replacement trees "shall be credited at 1.25 times the planted tree's caliper inches." The ordinance gives its own example: two replacement trees of 2.5 caliper inches each, five inches in total, reduce the required replacement by 6.25 inches. Replacement trees must be at least 2.5 caliper inches unless the City Arborist approves another size.

Here is the formula applied to one tree. The tree sizes are assumptions chosen to show the arithmetic.

  • You remove one healthy oak with a DBH of 20 inches. You owe 20 caliper inches.
  • You plant four new trees of 2.5 caliper inches each. That is 10 inches, credited at 1.25, which gives 12.5 inches.
  • 20 minus 12.5 leaves 7.5 inches. 7.5 x $140 = $1,050.

Trees planted to reach the minimum tree density also count toward replacement. The credits apply only to what is owed after the density requirement is met.

The per-acre maximum on new and vacant lots

For "new subdivisions, new lots of record, and vacant lots," Section 158-69(b)(4) sets a maximum payment "at a prorated per acre basis by zoning classification," provided that a minimum share of the existing DBH inches is kept on the site.

Zoning Minimum share of existing DBH inches kept Maximum payment per acre
R-1 65% $35,000
R-2 50% $35,000
R-2A 50% $25,000
R-3, R-3A 40% $25,000
R-4, R-4A, RG, R-LC 35% $15,000
RG-4, RG-5 10% (vacant lot) or 20% (new subdivision or new lot of record) $22,500
R-4B 10% (vacant lot) or 20% (new subdivision or new lot of record) $12,500
R-5 10% (vacant lot) or 30% (new subdivision or new lot of record) $15,000
MR, MRC, I-MIX 10% $25,000

Source: Atlanta Code Sec. 158-69(b)(4), as amended February 11, 2026. Planned development, special public interest, historic and landmark districts are treated according to their underlying zoning.

An acre is 43,560 square feet, so a prorated cap is small on a city lot. On a vacant R-5 lot of 7,500 square feet, $15,000 x 7,500 / 43,560 = $2,582.64, provided at least 10 percent of the existing DBH inches stay on the site. That figure is a reading of the words "prorated per acre." Confirm the cap for your lot with the City Arborist before you rely on it. The maximum covers three cases only: a new subdivision, a new lot of record and a vacant lot.

The ordinance also offers reductions of the payment for projects with affordable rental or for-sale homes, in Sections 158-88 and 158-89. VanPlex did not read the tables in those sections, so this guide gives no figures for them.

Minimum Tree Density by District

Tree density is the minimum number of trees that must be growing on a site before the certificate of occupancy, the City's written confirmation that the building may be lived in. Section 158-56 says the requirement applies "to all sites, regardless of whether and how many trees are removed or destroyed." It can be met with saved trees, new trees or both.

Zoning district Minimum tree density, single-family projects
R-4B 2 trees per lot
R-5, R-4 and R-4A 21 trees per acre
R-3 and R-3A 22 trees per acre
R-2 and R-2A 25 trees per acre
R-1 28 trees per acre
RG, PD and all other districts 20 trees per acre

Source: Atlanta Code Sec. 158-56, Table TPO-1.

The ordinance says "all quantities shall be rounded up to the nearest whole number of trees." On an R-5 lot of 7,500 square feet, 7,500 / 43,560 x 21 = 3.62, which rounds up to 4 trees. On an R-4 lot of 9,000 square feet, 9,000 / 43,560 x 21 = 4.34, which rounds up to 5 trees. Single-family lots must also have trees in the front yard "at a maximum spacing of 40 feet, with allowances for driveways, and within 20 feet of the public right-of-way."

Payment cannot replace these trees. Section 158-72 says: "Recompense payment may not be made in lieu of meeting tree density requirements."

Which standard a duplex, triplex or fourplex follows

The ordinance sorts projects by zoning district alone. Its definition of single-family residential development is "development or redevelopment on a single lot on land zoned for single-family residential development," and it names zones R1 to R5 under the zoning code in force when the article was adopted. A duplex or a house with an accessory dwelling unit on an R-5 lot is inside that definition, and Section 158-54 names single-family projects "with or without accessory dwelling units."

Every other project is "commercial development" for the purposes of the tree ordinance. Section 158-60 gives those sites a different measure: "a tree density standard of 90 DBH inches per acre" before a certificate of occupancy, plus street trees at a maximum spacing of 40 feet. A triplex or fourplex stands on land zoned RG, R-LC or MR, outside R-1 to R-5. Table TPO-1 also carries a row for "RG, PD, and all other districts." Ask the City Arborist which of the two measures applies to your site before the site plan is drawn.

The Steps of a Tree Removal Permit

Step What happens Detail
1 Site plan and tree survey Filed with the application for a construction, demolition or land disturbance permit. The survey shows the size, species and location of every regulated tree, and a licensed land surveyor provides the tree locations.
2 First sign A sign of at least six square feet tells the public that an application to remove trees was filed. It stays up for at least ten business days and until the City Arborist issues preliminary approval.
3 Preliminary approval The City Arborist issues it when the plan meets the article. The notice states the replacement trees and the payment owed.
4 Marking and second sign The applicant paints a large orange "X" on the street-facing side of each tree to be removed. A second sign stays up for seven business days, and the City accepts appeals during that time.
5 Final approval Issued after the posting period if no appeal is filed, or after an appeal is resolved.
6 Inspections Tree fencing must be in place for a pre-construction inspection. The City Arborist inspects again before a certificate of occupancy.

Sources: Atlanta Code Secs. 158-52, 158-53, 158-62, 158-65 and 158-75.

The City Arborist may approve removal of a healthy tree "to accommodate construction or demolition of a property improvement for which a building, demolition, or land disturbance permit is required." Section 158-52(c) lists what must be true first. Among the tests: the design "minimizes the impacts to trees on site to the maximum extent practicable," no trees are being removed unnecessarily, and the tree "is located within the buildable area of the lot." A tree in a required yard may not be removed for a driveway or a utility line unless access and utilities cannot be installed in a way that keeps the tree.

A tree counts as saved when at least 80 percent of its critical root zone is protected at natural grade. The City Arborist may approve impact of up to 33 percent of the zone with a written care plan, which the ordinance calls an arboricultural prescription. If your work affects more than 15 percent of the root zone of a tree on the next lot, you need a boundary tree agreement signed by that owner.

The two sign periods add time to a schedule: at least ten business days for the first and seven business days for the second. An appeal can be filed by "any person who resides or owns property or a business within the same NPU as the subject property or anyone who resides or owns property within 500 feet of the property." NPU means Neighborhood Planning Unit. The Tree Conservation Commission hears the appeal.

Removing a tree without a permit costs more than the payment. Section 158-86 sets a minimum fine of $500 for the first violation and $1,000 for each later one, and "each tree destroyed in violation of the tree protection ordinance shall be considered a separate offense." The owner still owes replacement trees or recompense for the tree.

One zoning rule helps keep trees. Under Section 16-26.008 of the Zoning Ordinance, City staff may reduce side yard setbacks by up to 50 percent on single-family and two-family lots when the City Arborist recommends it to preserve trees of 6 inches DBH or more. The rule is unavailable in historic and landmark districts.

Stormwater: The 500 Square Foot Threshold

Atlanta's rules for rainwater after construction are in Chapter 74, Article X of the City Code, "Post Development Stormwater Management," as adopted by Ord. No. 2020-66 on November 25, 2020. The Department of Watershed Management administers it. The key term is impervious surface: "a surface composed of any material that significantly impedes or prevents infiltration, which includes, but is not limited to, rooftops, buildings, streets and roads, and standard concrete or asphalt surface."

Project What applies Section
New development that creates 500 sq ft or more of impervious surface The stormwater article applies. Sec. 74-504(a)(1)
New development or redevelopment that disturbs one acre or more The stormwater article applies. Sec. 74-504(a)(2)
Redevelopment that creates, adds, or demolishes and replaces 500 sq ft or more of impervious surface The stormwater article applies. Sec. 74-504(a)(3)
Demolition that leaves more than 500 sq ft of impervious surface in place The article applies, unless a permit application is pending for a replacement structure with stormwater measures. Sec. 74-504(a)(4)
A site that will hold one or two single-family residences, with less than 5,000 sq ft of impervious surface created, added or replaced A shorter list: runoff reduction, water quality, the minimum requirements and a sealed plan. Secs. 74-504(b), 74-515
Other residential development, and single-family residences with 5,000 sq ft or more of impervious surface created, added or replaced The full standards in Section 74-504(a). Sec. 74-504(b), note
Hardscape under 5,000 sq ft, such as uncovered parking or a patio, that uses pervious pavement or another infiltration technique Exempt. The minimum requirements still apply. Sec. 74-504(d)(10)
A new or replaced driveway to a single-family residential development, 12 feet wide or less, draining as sheet flow to a vegetated area at least twice as wide as the pavement Exempt. The minimum requirements still apply. Sec. 74-504(d)(14)

Source: Atlanta Code Sec. 74-504.

The 500 square foot threshold is low. A detached accessory dwelling unit of 750 square feet on one floor covers more than 500 square feet of ground before any paving is counted.

The shorter list for one or two single-family residences

Section 74-504(b) defines "single-family residential development" for this article as work that "creates, adds, or demolishes and replaces less than 5,000 square feet of impervious surface" on a site that "will result in the site having one or two single-family residences." Such a project must meet three parts of the standards and file a plan:

  • Runoff reduction. "The runoff volume generated by the first 1.0" of rainfall shall be retained on-site."
  • Water quality. Runoff must be treated to remove at least 80 percent of the calculated average annual load of total suspended solids, which are the fine particles carried in the water. A system that meets the runoff reduction rule is presumed to meet this one.
  • Minimum requirements. Water leaving the lot must not harm adjacent lots through concentrated flows, flooding, erosion or deposits of silt. Discharge from a downspout or cistern must be "no less than ten feet from common property line" and aimed away from the adjacent property line.
  • A sealed plan. Section 74-515 requires a plan showing ground contours, vegetation including trees, sewers and easements, buildings and paved areas, and erosion and sedimentation control. It "shall be signed and sealed by State of Georgia registered architect, landscape architect, professional engineer or land surveyor."

The runoff reduction rule sets an order of choice. Planted areas that soak up water, which the code calls bioretention and stormwater planters, come first. Permeable pavements come second. Green roofs, rainwater harvesting and lined planters come third. Infiltration practices installed underground, such as dry wells, come last.

Which stormwater rules a duplex, triplex or fourplex follows

The shorter list is written for a site with "one or two single-family residences." A duplex, triplex or fourplex is one building with two, three or four homes, and the note under Section 74-504(b) sends "other residential development" to Section 74-504(a). On that reading, a small multifamily building follows the full standards. This is VanPlex's reading of the text. Confirm the category for your project with the Department of Watershed Management.

The full standards add three tests to the two above: protection of stream channels, control of the peak flow in what the code calls the 25-year, 24-hour storm event, and safe handling of the 100-year, 24-hour storm event. The article waives them for small sites. Stream channel protection "is not required" for development under 5,000 square feet of impervious surface that meets the runoff reduction and water quality rules. For redevelopment under 5,000 square feet that meets those two rules, the 25-year and 100-year tests are not required either.

A project under Section 74-504(a) also starts with a meeting. Section 74-510 requires the owner or applicant to take part in a stormwater consultation meeting with the department before applying for a permit. The department must schedule it within five business days of a written request.

For redevelopment, the area that must comply depends on how much of the site you touch. The standards apply to the area affected by the work when that area is 35 percent or less of the previously developed area. Above 35 percent, they apply to the entire site.

How the Tree and Stormwater Rules Refer to Each Other

The two sets of rules refer to each other. The tree ordinance says the City Arborist shall not permit removal of a healthy tree when "trees are being removed solely for the construction of green infrastructure required by the Department of Watershed Management." The stormwater article says a plan that removes healthy, non-invasive trees solely to build stormwater systems "may not be approved unless the applicant can show that no other method is feasible," and it names pervious paving, green roofs, bioretention and rainwater harvesting as methods to consider. Section 74-513 was last amended by Ord. No. 2026-30 on July 15, 2026.

Streams and flood areas add limits of their own. Atlanta requires a 75-foot natural, undisturbed vegetated buffer on both sides of a stream and at least 25 feet around wetlands, under Section 74-303. The tree ordinance says the City Arborist may not approve tree removal inside that buffer unless a buffer encroachment has been authorized. No more than ten percent of the diameter inches of trees within a floodplain may be approved for removal, unless the removal is necessary to complete a public project. Under the flood area regulations, a new residential structure on property with a floodplain must sit at least 15 feet horizontally and 2 feet vertically beyond the nearest base flood elevation. The lot eligibility page covers both checks.

What to Confirm, and Where

  • City Arborist, Department of City Planning. The recompense value for the year you will pay, whether the per-acre maximum applies to your lot, and which tree density measure applies outside R-1 to R-5.
  • Department of Watershed Management. Whether your project is "single-family residential development" or falls under the full standards, and the date of a consultation meeting.
  • Fees. VanPlex could not read the fee schedules of either department, because the City's main website returned an access error. This page prints the $140 recompense value from the Code and no other fee.

Best For

  • ✓ A lot where the trees of 6 inches or more stand outside the area you plan to build on.
  • ✓ A project that can plant replacement trees on site, since each planted inch is credited at 1.25.
  • ✓ A site ending with one or two single-family residences and less than 5,000 square feet of new or replaced impervious surface.

Usually Fails When

  • ✕ The plan assumes a payment can replace the minimum tree density. Section 158-72 says it cannot.
  • ✕ Healthy trees are removed only to make room for a stormwater system. Both the tree ordinance and the stormwater article restrict that.
  • ✕ A tree is removed before the two sign periods end and the permit is final. Fines start at $500 per tree.

What To Verify Before Spending Money

  • → A tree survey by a licensed land surveyor showing the DBH, species and location of every regulated tree.
  • → The square feet of impervious surface your project creates, adds or replaces, measured against 500 and 5,000.
  • → Whether a stream buffer or floodplain crosses the lot.

Where to Go Next

Related on VanPlex: the Atlanta multiplex guide overview, the Atlanta ADU rules and the Texas insurance and flood page.

Frequently Asked Questions

Do I need a permit to remove a tree in Atlanta? +
Yes, for a regulated tree. Section 158-49 of the Atlanta Code says no person shall remove or destroy a regulated tree on public or private property without first obtaining a permit from the City Arborist. On private property a regulated tree is any tree other than a pine with a diameter at breast height of 6 inches or more, or a pine of 12 inches or more.
What size tree is protected in Atlanta? +
Atlanta's tree ordinance protects any tree on private property, other than a pine, with a diameter at breast height of 6 inches or more. A pine is protected at 12 inches or more. Diameter at breast height is the width of the main trunk measured four and one-half feet above the natural ground level at the base of the tree. All trees on public property are covered.
How much is tree recompense in Atlanta in 2026? +
Tree recompense in Atlanta is $140 per caliper inch in 2026. Section 158-69 of the City Code says: "The established recompense value is $140.00, effective January 1, 2026." Starting January 1, 2027 the value is adjusted each year for inflation in the Atlanta metro area, and the Department of City Planning must publish the new figure by January 15 of each calendar year.
How is Atlanta tree recompense calculated? +
Atlanta calculates tree recompense with one formula in Section 158-69: caliper inches owed, minus credited caliper inches planted, times the recompense value of $140. Inches owed equal the diameter at breast height of the healthy trees removed. Each replacement tree planted is credited at 1.25 times its caliper inches, so two trees of 2.5 inches each reduce the amount owed by 6.25 inches.
Is there a cap on tree recompense for a single lot in Atlanta? +
Atlanta caps tree recompense per acre for new subdivisions, new lots of record and vacant lots, when a minimum share of the existing tree inches is kept. In R-5 the cap is $15,000 per acre, with 10 percent kept on a vacant lot. In R-4 and R-4A the cap is $15,000 per acre with 35 percent kept. Section 158-69 sets the cap "at a prorated per acre basis."
How many trees must I plant on a new house lot in Atlanta? +
A single-family lot in Atlanta must meet a minimum tree density before a certificate of occupancy. Table TPO-1 of the tree ordinance sets 21 trees per acre in R-4, R-4A and R-5, 22 in R-3 and R-3A, 25 in R-2 and R-2A, 28 in R-1, and 2 trees per lot in R-4B. Results are rounded up to a whole tree, and saved trees count.
When did Atlanta adopt its new tree ordinance? +
Atlanta adopted its new Tree Protection Ordinance on June 24, 2025, by Ord. No. 2025-19 (24-O-1691). That ordinance repealed the former Article II of Chapter 158 and enacted a new one. Council amended it on February 11, 2026, by Ord. No. 2026-03 (26-O-1015). The payment value of $140 per inch in the new ordinance took effect on January 1, 2026.
Can I pay a fee instead of planting trees in Atlanta? +
Only in part. Atlanta lets an owner pay recompense, at $140 per inch, in place of replacement trees that cannot be planted on the site. Section 158-72 says a recompense payment may not be made in place of meeting the tree density requirement, so the minimum number of trees for the lot must be saved or planted in every case.
When does Atlanta require a stormwater plan? +
Atlanta's stormwater article applies when new development creates 500 square feet or more of impervious surface, when redevelopment creates, adds, or demolishes and replaces 500 square feet or more, or when a project disturbs one acre or more. Impervious surface means a surface that prevents water from soaking into the ground, such as a rooftop or standard concrete. The Department of Watershed Management administers the article.
What is Atlanta's 1 inch runoff reduction rule? +
Atlanta's runoff reduction rule, in Section 74-513(a) of the City Code, says the runoff volume generated by the first 1.0 inch of rainfall shall be retained on the site. The applicant must choose measures in a set order: planted areas that soak up water first, then permeable pavements, then green roofs and rainwater harvesting, then infiltration practices installed underground such as dry wells.
Does a single house need a stormwater plan in Atlanta? +
Yes, when the work reaches 500 square feet of impervious surface. A site that will hold one or two single-family residences, with less than 5,000 square feet of impervious surface created, added or replaced, follows a shorter set of rules. Section 74-515 still requires a plan signed and sealed by a Georgia registered architect, landscape architect, professional engineer or land surveyor.
Are permeable pavers exempt from Atlanta stormwater rules? +
Under some conditions. Section 74-504(d)(10) of the Atlanta Code exempts the installation of hardscape of less than 5,000 square feet, such as uncovered parking, pedestrian or patio areas, that uses pervious pavement or another appropriate infiltration technique. The exempt work must still meet the article's minimum requirements, which include keeping downspout discharge at least ten feet from a common property line.
Can a neighbor appeal my tree removal permit in Atlanta? +
Yes. Under Section 158-77 of Atlanta's tree ordinance, an appeal of the City Arborist's decision on a private development may be filed by any person who lives or owns property or a business in the same Neighborhood Planning Unit, or who lives or owns property within 500 feet of the site. The City accepts appeals during the seven business days that the second sign is posted.
Do I pay recompense for removing a dead tree in Atlanta? +
No. Section 158-42 of Atlanta's tree ordinance says trees that the City Arborist finds to be dead, dying or hazardous do not require replacement or recompense when removed. A permit is still required for a tree of regulated size. Only the property owner or the owner's agent may apply, and the application must include one or more photos of the tree.

Official sources (checked October 2026)

General information, not legal advice. Atlanta is rewriting its zoning ordinance, and each metro city and county has its own code. Confirm current requirements with the City of Atlanta Department of City Planning (or your own city or county), and talk to a Georgia-licensed attorney or architect before you buy land or file plans.

Planning a multiplex in Atlanta?

VanPlex builds multiplexes and models lots in British Columbia, Canada. We do not build, lend, or broker in Georgia yet. Join the Atlanta list and we will tell you when that changes.