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An ordinance amending Chapter 5.11 of the Metropolitan Code of Laws relative to providing funds for restoring and maintaining Nashville and Davidson County’s tree canopy.
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WHEREAS, on December 7, 2021, the Metropolitan Council approved Ordinance No. BL2021-972 to enact Chapter 5.11 of the Metropolitan Code of Laws, establishing a funding mechanism for the restoration and maintenance of Nashville and Davidson County’s tree canopy; and,
WHEREAS, as originally drafted under Ordinance no. BL2021-972, Section 5.11.060 of the Metropolitan Code of Laws provided that, to ensure Council’s review of the effectiveness and necessity of Chapter 5.11, a sunset clause would be included whereupon the provisions of Chapter 5.11 would expire June 30, 2023 unless extended by resolution of the Metropolitan Council; and,
WHEREAS, on April 4, 2023, after consideration of the effectiveness and necessity of the provisions of Chapter 5.11 of the Metropolitan Code, the Metropolitan Council determined that it was in the best interests of the citizens of Nashville and Davidson County to extend the provisions of this Chapter pursuant to RS2023-2063; and,
WHEREAS, following this previous extension, the provisions of Chapter 5.11 are now set to expire March 1, 2026 unless again extended by resolution. A renewal Resolution is currently pending simultaneously with this Ordinance to rescind this sunset provision. The Resolution temporarily extends the provisions of Chapter 5.11 until such time as this Ordinance is considered; and,
WHEREAS, following 5 years of implementation, and in lieu of sequential extensions, the Metropolitan Water and Sewerage Services Department herein recommends an amendment to Chapter 5.11 of the Metropolitan Code of Laws to remove the sunset clause within Section 5.11.060; and,
WHEREAS, the tree canopy in Nashville and Davidson County is a utility that improves ambient air quality, absorbs and filters stormwater, mitigates the heat island and greenhouse effects, provides habitat for wildlife, supports public health, provides economic benefits, and increases the quality of life for Nashville’s residents; and,
WHEREAS, in addition to its utility value, the tree canopy in Davidson County adds priceless aesthetic value to the appearance of Nashville’s streetscapes, residential and commercial properties, and urban landscapes; and,
WHEREAS, the recent severe winter weather events in Nashville, Tennessee and surrounding states that began January 24, 2026 caused significant damages and disruptions, including catastrophic losses to the tree canopy in Davidson County that have yet to be completely measured; and,
WHEREAS, the most recent urban tree canopy study showed that between 2016 and 2021, Nashville’s canopy declined by 674 acres; and,
WHEREAS, additional threats to Nashville’s tree canopy persist, including not only severe weather vents, but expansive development, insect infestations, and other challenges; and,
WHEREAS, to address rapidly diminishing tree populations in Davidson County, and to avert the effects of canopy degradation, the Metropolitan Government developed the “Root Nashville” campaign with the objective of planting 500,000 trees by 2050, stemming the loss of trees in Nashville and prioritizing an equitable distribution of trees throughout the county; and,
WHEREAS, the majority of tree canopy degradation in Davidson County is occurring on private property. While the Metropolitan Government subscribes to heightened tree density requirements for its own public projects, Metro-owned properties comprise only 7% of the total land volume in Davison County. Therefore, any impactful planting campaign must concentrate on private property opportunities; and,
WHEREAS, recognizing the extensive loss and continued threats to Nashville’s canopy, the Metropolitan Council approved BL2021-972 on December 7, 2021, creating a mechanism to provide funds for the restoration and maintenance of the tree canopy on private property throughout Nashville and Davidson County; and,
WHEREAS, this funding was awarded to the Cumberland River Compact (CRC) though a competitive grant process under RS2022-1599, and the governing contract runs through June 30, 2030 under RS2025-1162; and,
WHEREAS, each tree planted by the CRC on private property is preceded by careful consideration of any public and private infrastructure in the vicinity, including electrical, gas, water, sewer, and telecommunications utilities. Plantings occur only upon compliance with utility distancing requirements and guidelines; and,
WHEREAS, following enactment of BL2021-972, the CRC is on pace to plant an impressive 8,500 trees on private property with the grant funds in this fiscal year. Over a ten-year period, these trees will intercept and store over 51,259,323 gallons of stormwater, sequester and avoid 3,189,757 pounds of carbon dioxide from the air, and remove 1,105 pounds of nitrogen dioxide, 5,758 pounds of ozone, and 388 pounds of fine inhalable particulate matter from the air. Additional benefits include 933,145 kilowatt hours in conserved electricity and fuel savings of 1,628 MMBtu; and,
WHEREAS, the trees planted through this funding are six to eight feet tall and make an immediate improvement to air and water quality, human health, and beautification. The survival rate of trees planted and maintained by CRC is over 90%; and,
WHEREAS, the CRC planted trees in every Council District over the last year, engaged 110 neighborhoods with this funding, training 40 planting captains within neighborhoods qualified as high-priority based upon local data demonstrating where tree-plantings can have the most significant impact; and,
WHEREAS, this funding further resulted in tree plantings at 34 large scale sites in the current planting season. Large scale sites include churches, businesses, HOA common areas, and non-profits; and,
WHEREAS, the CRC additionally allocates 30% of tree planting subgrants to other non-profits. Approved recipients of subgrants include Trevecca Nazarene University, Progress, Inc., Nashville Tree Conservation Corps, Green Interchange, Nashville Tree Foundation, Native American Indian Association, Whitland Neighborhood Association, and Historic Germantown Neighborhood Association; and,
WHEREAS, extending the funding will provide the predictability necessary for CRC to maintain this urban tree canopy restoration; and,
WHEREAS, the CRC works to record all private property plantings in the Metro Water Service Department’s Tree Plotter software to maintain an accurate count of private sector participation in the Root Nashville program.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Chapter 5.11 of the Metropolitan Code of Laws be amended to delete Section 5.11.060 (Sunset provision) in its entirety.
Section 2. That this ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance amends Chapter 5.11 of the Metropolitan Code of Laws relative to providing funds for restoring and maintaining Nashville and Davidson County's tree canopy.
Metropolitan Code of Laws section 5.11.060 provides a mechanism to fund the restoration and maintenance of the tree canopy in Nashville and Davidson County by allocating from the general fund equivalent to one percent of the annual revenues for building permits, the annual revenues for grading permits, and the five-year average of net proceeds of general obligation bonds issued to fund construction projects. The code provides for an annual funding cap of $2,500,000 per fiscal year.
The existing funding structure is temporary in nature. Resolution No. RS2023-2063 extended the expiration of this program from June 30, 2023, until March 1, 2026. Resolution No. RS2026-1787 extended the tree canopy program until March 1, 2029, or until Metropolitan Code of Laws section 5.11.060, the provision which sunsets the tree canopy program, is rescinded.
This ordinance would remove section 5.11.060 of the Metropolitan Code of Laws in its entirely, eliminating the sunset provision in this section of the code.