Chesapeake's Landscaping Rules: The Rules That Matter

Every city handles landscaping rules a little differently. In Chesapeake, Virginia, 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.

Tree Removal & Heritage Trees

Chesapeake requires a permit before anyone cuts, trims or sprays a tree or shrub growing on a city street. Sec. 66-106 limits the director of development and permits to issuing that permit only when the work is fully justified in the public interest, and only in the manner the permit itself spells out.

Key details: Permit required for: Cutting, trimming or spraying street trees/shrubs. Issuing office: Director of development and permits. Standard: Fully justified in the public interest. Scope: Trees/shrubs on the street (right-of-way) only. Related permit: Landscaping permit, Sec. 70-91, for adjacent developments.

Cutting, trimming or spraying a street tree or shrub without a permit from the director of development and permits violates Sec. 66-106. Work done under a permit that departs from the manner the permit prescribes is also non-compliant, since the section ties approval to both the public-interest justification and the specific method authorized.

Water Restrictions

Chesapeake does not run a watering-day or time-of-day irrigation schedule. Its only lawn-watering restriction is a flat ban on letting water run to waste from a hose, sprinkler system, hydrant, meter, or other fixture, enforced by the department of public utilities as part of the city's water conservation ordinance.

Key details: Watering-day schedule: None set in city code. Prohibited act: Letting water run to waste from a sprinkler or hose. Enforcing agency: Department of public utilities. Penalty class: Class 2 misdemeanor. Maximum fine: $1,000.00, per day of violation.

Violating the waste-of-water clause is a class 2 misdemeanor under Sec. 78-59(6), punishable by a fine of up to $1,000.00, with each day the wasteful running of water continues treated as a separate offense. Enforcement is administered by the department of public utilities, which has authority to act on a running hose or sprinkler system left to waste water without needing evidence of an underlying leak.

Chesapeake is more permissive than most cities when it comes to water restrictions. That said, there are still limits.

Tree Trimming

Chesapeake requires a permit before anyone cuts, trims or sprays a tree or shrub growing in a public street, defined broadly to include rights-of-way, avenues and easements. The director of development and permits issues the permit only when the work is justified in the public interest, and cutting street trees without one is unlawful under the city's right-of-way permit article.

Key details: Permit required: Before cutting, trimming or spraying street trees. Issuing office: Director of Development and Permits or designee. Standard: Only when fully justified in the public interest. Sketch requirement: Must show any tree to be removed (Sec. 66-126). Default penalty: Class 1 misdemeanor: up to $2,500, 12 months jail.

Cutting or trimming a street tree without the required permit is unlawful under Sec. 66-121, and Chapter 66 sets no specific penalty for that violation. Under Sec. 1-10, an unlawful act in the city code with no stated penalty is a Class 1 misdemeanor, punishable by up to 12 months in jail, a fine of up to $2,500, or both. The director of development and permits may also decline to approve work that does not comply with planning and construction standards.

Weed Ordinances

Chesapeake caps grass and weed growth at an average height of ten inches on lots one acre or smaller, and within 150 feet of any dwelling or road on larger tracts. Ignore a notice from the city manager and civil penalties start at $50 and climb from there.

Key details: Height limit: Average 10 inches. Small-lot rule: Applies to entire lot ≤1 acre. Large-lot rule: Within 150 ft of home/road. Notice period: 10 days to remedy. First penalty: $50 civil fine.

Failure to comply with a notice carries a civil penalty of $50 for the first violation and $200 for each violation under a notice issued within 12 months of the first, with every business day the condition persists counting as a separate offense. Total civil penalties from one set of facts are capped at $3,000 in 12 months for most property and $6,000 for industrial or commercial zoned or used property (Sec. 62-2(e)).

The Bottom Line

Chesapeake's landscaping rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Chesapeake is broadly strict or permissive.

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