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Tree Preservation Ordinance - Chapter 167

The City of Fayetteville Tree Preservation & Protection Code (Chapter 167) preserves and protects trees and natural areas. It is based on the fundamental precepts of sound urban forest management. These precepts seek to establish a diversification of species, with a mix of young, medium aged, and mature trees. Proposed development projects are evaluated on a case-by-case (and tree-by-tree) basis. The goal of each review is to assure that, through a combination of preservation and re-forestation, a final product is achieved which results in a diverse and sustainable urban forest.

 
Horizontal planking (left) and tree preservation fencing (right) are two common tree preservation techniques installed to protect trees during construction in Fayetteville.

The review process entails evaluating the existing tree resources on a site, understanding the dynamics of trees and development impacts, and negotiating a solution that results in a development with a balanced mixture of age classes of trees and a diversification of species of the highest priority to be preserved. The City of Fayetteville ordinance places a great emphasis on tree preservation. Trees on sites that measure greater than 3 inches in diameter at breast height (DBH) are evaluated for preservation potential and are considered “protected trees” until a permit is issued for their removal. Small species trees equal to or over 8 inch DBH, medium growing trees equal to or over 18 inches DBH and fast growing trees equal to or over 24 inches DBH are considered significant trees and receive enhanced preservation evaluation.


Chapter 167 applies to the following types of construction projects: 

-  Single family residential in the Hillside/Hilltop Overlay 
   District (HHOD)
-  Grading permits in the Hillside/Hilltop Overlay District
-  All Large Scale Develoments (LSD) and Site Improvement
   Projects (SIP)
-  All Preliminary/Concurrent Plats and Planned Zoning
   Districts (PZD)
-  Commercial building permits where exterior modifications to
   the structure or grounds will take place and
-  Parking lots over 5 spaces.

LSDs, SIPs, Plats and PZDs projects may include but are not limited to: residential subdivisions, industrial or commercial subdivisions, multi-family dwellings, industrial or commercial parcels and mixed-use developments.

The following documents are available to assist prospective builders, contractors, developers, and owners with the tree preservation and protection process.

Tree Preservation & Protection Standards:
Tree Mitigation Form
Tree Preservation and Protection Notes
Significant Trees -- List of trees receiving enhanced preservation evaluation. 

Projects under the City's full planning review process, including LSDs, PZDs, and Plats:
Tree Preservation Plan Checklist 
Site Analysis Plan, Site Analysis Report and Tree Preservation Plan Checklist

Projects NOT under the City's full planning review process, including building permits in the Hillside Hilltop Overlay District (HHOD):
Abbreviated Tree Preservation Plan (ATPP) -- Reference Guide & Checklist
ATPP Example Plan
HHOD Best Management Practices

Waiver Form:
Tree Preservation Waiver [See City Code Chapter 167.04 (D) before using this form.  Note additional
     requirements likely for sites with tree removal occuring within the five (5) years preceeding application for
     development].