Do you need a permit?
It depends on the tree
Bartlett regulates tree removal through its grading rules rather than through a tree permit, and the published text does not cleanly settle the homeowner case. There is no standalone tree-removal permit anywhere in the code, and tree removal does not appear on the city's list of required code permits. The tree and landscaping ordinance excludes work "on a lot with an existing single-family home," and the older grading section exempts "construction on a parcel of land for an individual single-family homesite." But a third provision says a grading or building permit is required for "removal of live trees" on "any other lot where the owner has not obtained a permit for a site plan, subdivision, or plot plan for a house." Call Code Enforcement at 901-385-6425 before you cut.
Size threshold
The code gives two different answers. Municipal Code Section 14-601 requires a permit for "removal of fifteen (15) percent or more of live trees six (6) inches or greater in diameter at a point five (5) feet above the ground level," with an exception for "construction on a parcel of land for an individual single-family homesite, accessory buildings or private drives." The zoning tree ordinance's grading-plan section states no threshold at all, requiring a permit for "removal of live trees." The subdivision regulations add that "no trees of caliper ten (10) inches or larger measured five (5) feet above the surrounding ground surface shall be removed if at all possible," and that "For removal of trees greater than twelve (12) inches in diameter, the planning commission may require a plan for revegetation."
What's protected in Bartlett
- Champion Tree — "A tree, among the 263 species that are native or common to Tennessee, that earns the most points for its species under a statewide program, based on its circumference, height, and crown spread."
- Historic Tree and Landmark Tree — "A tree or grove of trees so designated by the Tennessee Urban Forestry Council." The ordinance states that "A tree so designated will be given special protection, maintenance and recognition as the situation warrants."
- Endangered Species — "Those trees that are under the protection of State and/or Federal law."
- Tree Protection Zone — "The area around a tree corresponding to the drip line and a minimum of ten (10) feet in all directions from the trunk, wherein no disturbance to or compaction of the soil is permitted."
- Trees retained on an approved site plan. Damaging or removing one carries a $500 per-tree fee on top of the ordinary penalty.
How to apply in Bartlett
- 1
This applies where a grading or building permit is triggered. There is no homeowner tree-removal application.
- 2
Apply to the Code Enforcement Department for a single-family plot plan or "any other lot"; apply to the Engineering Department where an approved site plan or subdivision plan exists.
- 3
Submit "a written statement of the purpose of the work and a grading plan, site plan, or plot plan prepared by a licensed surveyor, landscape architect, architect, or engineer," including a tree survey.
- 4
Under Section 14-602 the written proposal goes to the planning commission, which "shall review and approve or deny the application within thirty (30) days."
- 5
A denial may be appealed to the Board of Mayor and Aldermen within ten days.
Fees, penalties, and the ordinance
- Fee
- No fee is published for a homeowner tree removal, because no such permit is listed. The published tree dollar figures are mitigation: "A Subdivision Development Contract shall require a fee of $500 each for damage to or unapproved removal of an existing tree intended to be retained on a site," and on a permit, "an additional permit fee of $500 each shall be applied for damage to or unapproved removal of an existing tree intended to be retained on a site." Code Enforcement states only that "Permit fees vary depending on type, structure, and size."
- Penalties
- Section 14-605 counts trees individually and days separately: "Any person violating any of the provisions of this chapter shall be guilty of an offense, an offense being defined as the clearing, grubbing and/or grading of land or the cutting of one (1) excess tree and a separate offense shall be deemed committed for each day of violation of this chapter. The foregoing provision relative to an offense shall not in any way prevent the City of Bartlett from seeking injunctive relief against a violator of this chapter, and the violation of this chapter shall be deemed a nuisance for injunctive relieve purposes." The zoning tree ordinance adds that "Damage to or unapproved removal of an existing tree intended to be retained on a site will be subject to the maximum penalty allowed by state law." Where the city abates a violation itself it bills the owner "plus an administrative fee equal to the greater of five (5) percent of the costs or one hundred dollars ($100)."
- Ordinance
- Bartlett Zoning Ordinance, Appendix A, Article VI, Section 23 — Tree and Landscaping Ordinance, cited in the city's own PDF as "(Ord. 05-08, 10/25/08)" though the same document elsewhere gives October 25, 2005. Also Municipal Code Title 14, Chapter 6 — Tree Protection and Grading, Sections 14-601 through 14-605 (Ord. #88-1, February 1988). Title 14, Chapter 5 is a pointer: "The Bartlett Tree Ordinance, as enacted by Ord. #89-21, was replaced by Ord. #05-08, and is now in Article VI, s. 23 of the Zoning Ordinance." Bartlett self-publishes its codified ordinances as PDFs and states they are "updated as of August 2022."
Worth knowing
- Two independent signals point away from a homeowner permit: tree removal does not appear on the city's Required Code Permits page, which lists twelve homeowner permit types including fences, pools, decks, siding and driveways; and the city's Tree Planting page describes Section 23 as applying to "new developments."
- The section actually titled Tree Removal imposes no permit at all. It compels removal instead: "Trees that pose a safety or health risk to the public or to other trees shall be removed by the responsible party in a timely manner," and "The City shall have the right to cause the property owner to remove any dead, diseased or structurally damaged trees on public or private property when such trees constitute a potential hazard to life and property within the right-of-way or on public property."
- Ongoing maintenance duties apply regardless: "Private trees shall be kept pruned of any dead, diseased or dangerous limbs or branches which could fall into the right-of-way or onto public property and thereby constitute a menace to public safety." Street-adjacent trees "must be pruned free of limbs to a height of eight (8) feet for sidewalks and twelve (12) feet for streets."
- The code assigns duties to a "Forester" in the Engineering Department who "shall have the same enforcement power as a Code Enforcement officer," but the city publishes no name or direct contact for that role.
- The City Beautiful Commission is the tree-related body, and it is purely advisory — its duties are to "encourage the placing, planting and/or preservation of trees" and to "Recognize groups and individuals completing tree projects."
- Bartlett does not use Municode, American Legal or MTAS. Its codified ordinances are self-hosted PDFs at cityofbartlett.org, which is why so many secondary sites get this city wrong.
What we could not confirm
We would rather tell you what we don't know than guess. Call the office below to confirm these before you cut.
- — The central question, and it cannot be resolved from the published text: whether the zoning grading-plan clause requiring a permit for "removal of live trees" on "any other lot" reaches a homeowner cutting a tree with no construction and no grading, given that the same ordinance's applicability section excludes lots with an existing single-family home and that Section 14-601 sets a 15 percent / 6-inch trigger with a single-family exception. Both readings are reported here. Call Code Enforcement at 901-385-6425.
- — Whether Municipal Code Section 14-601 (Ord. #88-1, 1988) is still operative or was superseded by Ord. 05-08. The code's own footnote says only that Ord. #89-21 was replaced, and Chapter 6 is still printed as active with a conflicting threshold.
- — The adoption date of the tree and landscaping ordinance. The section heading in the city's PDF reads 10/25/08, the applicability text inside the same section references October 25, 2005, and a third citation in the same document reads 10/25/05. The ordinance number 05-08 is consistent with 2005.
- — Whether Bartlett is a Tree City USA community. No Tree Board, Arbor Day or Tree City page was found on cityofbartlett.org, and MTAS and the state forestry pages returned errors. Do not assume it either way.
- — Any published permit application form or fee schedule for tree removal or grading.
- — Code currency. The city's codified ordinances index says "updated as of August 2022," so Title 14 may not reflect anything adopted since.
- — Whether Shelby County rules apply to any part of this. The city code contains no county referral for trees.
Sources
- City of Bartlett — Codified Ordinances index
- City of Bartlett — Zoning Ordinance, Appendix A (Article VI Section 23, Tree and Landscaping) (PDF)
- City of Bartlett — Municipal Code Title 14, Land Use and Signs (Chapter 6, Tree Protection and Grading) (PDF)
- City of Bartlett — Subdivision Regulations (PDF)
- City of Bartlett — Required Code Permits
- City of Bartlett — Code Enforcement
- City of Bartlett — Engineering
- City of Bartlett — Tree Planting