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.
The Franklin Zoning Ordinance Chapter 17 (Natural Resources) § 17.2 establishes tree protection standards including the specimen-tree concept. Specimen trees are defined by species, DBH (diameter at breast height), historical/cultural significance, or canopy characteristics established in the Zoning Ordinance's definitions. § 17.2.9 explicitly bars BNS from approving a tree removal permit when the tree at issue is 'a specimen tree,' giving these trees the strongest in-City protection short of public-tree status. During development review, applicants must submit a tree preservation plan showing existing canopy, identify any specimen trees, and design around them; the Planning Commission can impose retention conditions making specific specimen trees permanent preservation requirements. Removal in violation of such conditions is enforceable against the property and against the development approval itself. Franklin's Civil War historical context (Battle of Franklin, 1864) makes preservation of older witness trees a community priority, and the Tree Commission's planning role explicitly contemplates trees with historical significance. Tennessee state law does not provide a heritage-tree designation framework — TCA Title 11 protects only State Natural Areas, Scenic Rivers, and forest health, not individual private heritage trees. TCA 43-28-312 imposes 2x (negligent) or 3x (intentional) damages for unauthorized cutting on another's land.
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.
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