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Chattanooga, TN Invasive Plant Rules: Prohibited Species (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Banned species list
Tennessee Invasive Plant Council's current invasive list
Plan triggers
Multi-unit (6+ units), townhouse (10+), nonresidential, mixed-use, parking lots
Plan preparer
Tennessee Registered Landscape Architect required
Approving official
Director, Land Development Office
Existing plant credit
Healthy non-invasive trees/shrubs count if plan-identified and fenced
Replacement deadline
30 days after growing season begins
Enforcement
Daily fines under Secs. 38-113, 38-114

Summary

Chattanooga's landscape article bans invasive exotic plants from every required landscape plan. Sec. 38-63(a)(2) prohibits any species on the Tennessee Invasive Plant Council's current list from new plantings on multi-unit, townhouse, nonresidential, mixed-use, or parking-lot developments, while (c)(1) still lets an existing healthy tree or shrub count toward the requirement if it isn't TIPC-listed.

Invasive exotic plant species, as currently listed by the Tennessee Invasive Plant Council, are prohibited. ... All existing trees and shrubs that are maintained on a site and in good health and are not on the Tennessee Invasive Plant Council Invasive species list may be counted toward any required on-site landscape of this Article.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 40 Update 1).

Full Breakdown

Article XIII of Chapter 38 governs every landscape plan the city requires, and a landscape plan only kicks in for specific projects: any multi-unit dwelling over six units, a townhouse development over ten units, nonresidential or mixed-use construction, and any parking structure or parking lot, per Sec. 38-61(a). That plan must be prepared by a Tennessee Registered Landscape Architect and approved by the Director of the Land Development Office before the city issues a building or land-disturbing permit. Within that plan, Sec. 38-63(a)(1) encourages regionally native species listed in the USDA Plant Profile, while (a)(2) flatly bars any species the Tennessee Invasive Plant Council currently lists as invasive.

1 then sets minimum installed and mature sizes for each required plant class, from large shade trees (2-inch caliper installed, 40-foot mature height) down to small shrubs (18-inch installed height or spread). Sec. 38-63(c) lets a developer count existing, healthy trees and shrubs toward that planting requirement, but only if they aren't on the TIPC invasive list; qualifying trees must be shown on the landscape plan and ringed with a four-foot visibility fence set outside the Critical Root Zone during construction. Sec. 38-63(e) then makes the applicant, developer, landowner, and any successor jointly and severally responsible for keeping the landscape disease-, pest-, weed-, and litter-free, and any plant that dies or is seriously damaged must be replaced within 30 days of the start of the next growing season. Under Sec. 38-62, the city withholds the certificate of occupancy until every required plant is actually in the ground.

Violations & Fines

The Director of the Land Development Office is the enforcement official for Chapter 38 and can call on the City Attorney to seek an injunction or abatement against a plan that uses a banned species, per Sec. 38-112, with police assistance available if needed. Sec. 38-113 makes each day a violation continues a separate offense, Sec. 38-114 attaches a fine plus an added daily fine for every successive day, and the violating property owner can be billed for the City's legal costs.

Frequently Asked Questions

Does the invasive-plant ban cover my existing backyard garden?
No. Sec. 38-63 governs landscaping required by a development's approved landscape plan, triggered by projects like multi-unit buildings over six units, townhouse developments over ten units, nonresidential or mixed-use construction, and parking lots or structures under Sec. 38-61(a). Existing trees or shrubs on an ordinary residential lot aren't retroactively regulated unless the owner counts them toward a required landscape plan.
What list decides which species are banned?
Sec. 38-63(a)(2) prohibits 'invasive exotic plant species, as currently listed by the Tennessee Invasive Plant Council,' so the TIPC's current invasive list, not a fixed table in the city code, controls which species a landscape plan may not use, and that list can change over time.
Can I count an existing tree toward my landscaping requirement?
Yes, if it's healthy and not on the TIPC invasive list. Sec. 38-63(c)(1) lets an existing tree or shrub count toward the required on-site landscape, but it must be identified on the landscape plan and protected during construction with a minimum four-foot visibility fence set outside the Critical Root Zone under (c)(2).
What happens if a landscape plan uses a banned species anyway?
The Director of the Land Development Office, as enforcement official under Sec. 38-112, can pursue an injunction or abatement through the City Attorney, and Sec. 38-113 treats each day the violation continues as a separate offense subject to the fines set out in Sec. 38-114.

Sources & Official References

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