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Landscaping Rules

How Norfolk Handles Landscaping Rules: A Practical Guide

By CityRuleLookup Editorial Team

Norfolk maintains 127 local ordinances across all categories, and 5 of those deal specifically with landscaping rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Norfolk falls on the strict-to-permissive spectrum compared to other cities.

Water Restrictions

Norfolk's city manager can declare a water shortage in the city's water system and impose escalating conservation measures under Sec. 46.1-53 through 46.1-57. Once Condition 2 is declared, watering lawns, shrubbery, trees and other vegetation is banned except for indoor plants, greenhouse or nursery stock, and newly planted commercial nursery stock during its first five weeks. Condition 3 cuts allocations 25 percent and bills excess use at 300 percent of the normal rate; Condition 4 adds fines under Sec. 46.1-55.

Key details: Trigger: City manager declares Condition 1-4 water shortage. Condition 2 ban: Outdoor watering of lawns, shrubs, trees, vegetation. Nursery exception: Weekly watering allowed for 5 weeks after planting. Condition 3 cut: 25% reduction, floor of 50 gallons/person/day. Excess-use surcharge: 300% of current water rate.

Violating a Condition 4 order lets the city manager impose fines and penalties for excess water use under Sec. 46.1-55, on top of the 300 percent surcharge billed automatically once a customer exceeds its Condition 3 allocation under Sec. 46.1-54(3)c. Customers disputing an allocation or excess-charge determination during Condition 3 may appeal to the three-member appeals review board created under Sec. 46.1-57, whose decision, reached by a two-member vote, is final.

Weed Ordinances

Norfolk treats grass, weeds, and other vegetable matter over 12 inches tall as a nuisance under City Code § 27-2(c). Owners and occupants of land next to a public right-of-way must keep it cut under § 27-9, and the city sends one written notice per growing season, March 1 to October 31, before abating overgrowth itself.

Key details: Height threshold: More than 12 inches. Duty holder: Owner/occupant of abutting land. Notice frequency: One per growing season, Mar. 1-Oct. 31. Standard cure window: 48 hours after notice. Abatement fee: $75 (up to $300) or $150.

Letting grass, weeds, or vegetable matter exceed 12 inches on land bordering a public right-of-way, or ignoring a written cutting notice, violates §§ 27-2(c) and 27-9. A first violation is a Class 2 misdemeanor under § 27-1; a second notice within 12 months escalates to a Class 1 misdemeanor under § 27-6(c). The city can also mow the lot itself and bill a $75 or $150 abatement fee under § 27-8, which becomes a lien on the property.

Tree Removal & Heritage Trees

Norfolk requires permits to remove any tree in the public right-of-way, Chesapeake Bay buffer, or protected canopy area. Private trees outside these zones can generally be removed, but replacement rules apply for site plan properties.

Key details: Right-of-Way: Permit required. Bay Buffer: Permit + mitigation. Canopy Rule: 20 percent on site plans. Replacement: 1:1 to 3:1 typical. Heritage Trees: Extra protection.

Unauthorized removal: up to 500 dollar civil penalty, replacement requirement (often 3:1), and restitution for appraised tree value. Bay buffer violations: up to 5,000 dollars per day.

Compared to other cities, Norfolk takes a harder line on tree removal & heritage trees. The enforcement and penalty structure reflects that.

Rainwater Harvesting

Norfolk cuts a residential property owner's stormwater management fee by 10 percent for installing and maintaining rain barrels or cisterns that drain at least 300 square feet of roof area. It's one of ten onsite runoff-reduction credits the city offers, capped at a 60 percent total fee reduction.

Key details: Rain barrel/cistern credit: 10% fee reduction. Minimum drainage area: 300 square feet. Maximum total waiver: 60% of pre-installation fee. Annual inspection deadline: due by June 1. Base residential rate: $0.452/day plus $1/month (2023).

The stormwater fee credit itself is administrative, not punitive, but a property owner who fails to submit the required annual inspection documentation by June 1 automatically loses the rate reduction effective July 1 of that year under Sec. 41.1-23(f)(6)b. Separately, Sec. 41.1-2 makes any violation of Chapter 41.1's stormwater requirements a class 1 misdemeanor, with each day of violation a separate offense.

If you are coming from a city with tighter rules, you will find Norfolk gives residents more flexibility on rainwater harvesting.

Tree Trimming

A Norfolk tree or shrub that blocks pedestrian or vehicle traffic, or blocks sight lines in a visibility triangle, is a declared public nuisance the owner must prune or remove. The director orders abatement and can bill the property owner if the deadline is missed.

Key details: Governing sections: City Code §§ 45-22, 45-23, 45-24, 45-25. Nuisance triggers: Blocks traffic passage or visibility triangle. Private-property duty: Owner/agent must prune or remove. Notice method: Personal service, posting, or mail to tax payer. Non-compliance cost: City abates + fee + property tax lien.

Ignoring a § 45-24 abatement notice is a violation of chapter 45 in its own right. The director can then remove or prune the obstruction under § 45-25 at the owner's expense, tack on an administrative fee set per the Code of Virginia, and record the unpaid cost as a lien on the property collected like delinquent city real estate taxes through the city treasurer's office.

The Bottom Line

Norfolk'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 Norfolk is broadly strict or permissive.

All of the above reflects Norfolk's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.