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Tree Protection

Tree Protection in Franklin, TN: What Residents Actually Need to Know

By CityRuleLookup Editorial Team

Every city handles tree protection a little differently. In Franklin, Tennessee, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Heritage & Protected Trees

The Franklin Zoning Ordinance § 17.2 protects 'specimen trees' as the City's functional equivalent of a heritage-tree designation. Specimen trees cannot be approved for removal under § 17.2.9 (BNS may NOT issue a tree removal permit when the tree proposed for removal is a specimen tree). Specimen trees are also protected by tree preservation plans required on development plan, site plan, and preliminary plat applications, with retention-condition language frequently imposed during entitlement. Tennessee state law does not designate or protect heritage trees — that authority is municipal.

Key details: Designation: Specimen Tree — Zoning Ordinance § 17.2. Removal: NOT approvable via § 17.2.9 tree removal permit. Protection Trigger: DBH / species / historical or canopy significance. Retention Tool: Tree preservation plan + Planning Commission conditions. State Heritage Law: None — TN has no statewide heritage-tree statute.

Removing or substantially damaging a specimen tree without authorization is a Zoning Ordinance violation under Chapter 17 enforced by BNS with replacement plantings or Tree Bank Fund contributions per § 17.2. Violating a tree-retention condition of approval also exposes the development to enforcement against the underlying approval (stop work, revocation). On a neighbor's property, TCA 43-28-312 imposes double or triple market-value damages.

Compared to other cities, Franklin takes a harder line on heritage & protected trees. The enforcement and penalty structure reflects that.

Tree Removal Permits

Under Franklin Zoning Ordinance § 17.2.9 (Tree Removal Permits), a tree removal permit must be obtained from Building & Neighborhood Services before removing trees on commercial, industrial, or multi-family lots of any size, or on single-family lots larger than one (1) acre. Applications are reviewed by the Department of Planning & Sustainability and/or the City Arborist, who make a recommendation to BNS. BNS may not issue building or grading permits until a tree-removal decision (approval or exemption) is in writing. Removal of trees in open space lots, conservation easements, required landscape material, retention-condition areas, or specimen trees cannot be approved.

Key details: Authority: Franklin Zoning Ordinance § 17.2.9. Permit Issuer: Building & Neighborhood Services (BNS). Reviewers: Planning & Sustainability / City Arborist. Triggers: Commercial / industrial / multi-family (any size); single-family > 1 acre. Exempt: Single-family ≤ 1 acre; dead/hazard; nuisance; utility-encroaching; TN-EPPC invasives; City land.

Removing trees without a required § 17.2.9 permit, or in violation of conditions on an issued permit, is a Zoning Ordinance violation enforced by BNS with replacement requirements and possible Tree Bank Fund contributions. Removal in violation of a development-plan condition of approval is also enforceable through the development-approval process and may trigger building-permit revocation or stop-work orders.

This is one of the stricter rules in Franklin's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Tree Replacement Requirements

When trees are removed under a Franklin tree removal permit or as part of an approved development plan, the Zoning Ordinance § 17.2 imposes tree replacement standards that require new plantings on-site or, when on-site replacement is infeasible, a payment-in-lieu to the Tree Bank Fund administered by the Franklin Tree Commission. Replacement requirements scale to the size and number of trees removed and the tree-preservation plan submitted with development applications. The Tree Bank funds Arbor Day plantings, public-tree replacement, and community forestry projects.

Key details: Authority: Franklin Zoning Ordinance § 17.2 (Tree Protection). Trigger: Tree removal permit OR approved development-plan removal. Replacement Basis: Canopy-loss / DBH-loss formulas in Ch. 17. Species Source: Tree Commission Recommended Tree List. Payment-in-Lieu: Tree Bank Fund (administered by Tree Commission).

Failure to install required replacement plantings, failure to maintain replacement trees through an establishment period (typically two years), or failure to make a required Tree Bank Fund payment is enforceable by Building & Neighborhood Services through the Zoning Ordinance violation process, including potential withholding of final certificates of occupancy on development sites and direct enforcement on the property.

Compared to other cities, Franklin takes a harder line on tree replacement requirements. The enforcement and penalty structure reflects that.

Tree Ordinances

Franklin's tree ordinance framework consists of three pieces: (1) Zoning Ordinance Chapter 17 (Natural Resources) — substantive tree protection including § 17.2 (Tree Protection), § 17.2.9 (Tree Removal Permits), tree preservation plans, specimen-tree protection, and replacement standards; (2) the Franklin Tree Commission — established by ordinance, maintains the Recommended Tree List, plans Arbor Day, administers the Tree Bank Fund, and reports for Tree City USA; and (3) the Urban Forestry section of the Parks Department — operations and maintenance of public/right-of-way trees. Topping is prohibited city-wide under Zoning § 5.2.4(6)(f). Franklin has held Tree City USA designation for approximately 20 years.

Key details: Substantive Ordinance: Zoning Ordinance Chapter 17 (Natural Resources) § 17.2. Permit Section: § 17.2.9 — Tree Removal Permits. Topping Ban: Zoning § 5.2.4(6)(f) — citywide. Tree Commission: Established by ordinance; runs Tree Bank, Arbor Day, recommended list. Urban Forestry: Parks Dept section — operations on public/ROW trees.

Violations of Chapter 17 (unpermitted removal, failure to follow tree preservation plan, damage to specimen trees, failure to replace), Zoning § 5.2.4(6)(f) (topping), and tree removal permit conditions are enforced by Building & Neighborhood Services through the Zoning Ordinance violation procedures: notice of violation, citation to Franklin Municipal Court, possible withholding of certificates of occupancy on development sites, replacement requirements, and Tree Bank Fund contributions. Each day of continued violation is a separate offense in Municipal Court.

This is one of the stricter rules in Franklin's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Franklin is tougher than many cities when it comes to tree protection. Out of the 4 rules covered here, 4 are rated strict. If you are a homeowner, renter, or business owner in Franklin, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Franklin's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.