Tree Protection in Chesapeake, VA

If you live in Chesapeake or are thinking about moving there, tree protection are one of those things you probably won't think about until they affect you directly. Chesapeake has 2 specific rules on the books covering different aspects of tree protection, and some of them might surprise you.

Heritage & Protected Trees

Chesapeake's subdivision code directs developers to protect "irreplaceable and beneficial" natural features, giving special consideration to trees the city council has formally designated historic and to specimen trees rated exceptional for their circumference, height or location. Sec. 70-91 applies to apartment, townhouse, office and commercial projects next to single-family neighborhoods, but exempts bona fide farming, forestry and commercial tree operations.

Key details: Historic tree: City council designation tied to a historical event. Specimen tree: Judged by circumference, height or location. Applies to: Apartment, townhouse, office, commercial near single-family. Exempt: Bona fide farming, forestry, commercial tree businesses. Replacement minimum: 1 tree per townhouse unit; 1 per 4 apartment units.

Sec. 70-91 is enforced by the director of planning or a designee, primarily through the plat approval process rather than after-the-fact citations: a developer cannot obtain the required landscaping permit, or close out final plat approval, without the field-inspected landscaping shown on the approved plan. The section carries no separately stated fine; unresolved noncompliance is addressed by withholding plat and occupancy approvals tied to the subdivision.

Parkway Planting

In Chesapeake's residential cluster subdivisions, canopy street trees are treated as a required amenity rather than an option: Sec. 70-213(B) directs them into tree lawns at least four feet wide between the sidewalk and the curb, keeps utilities out of the root zone, and backs every planting with an 18-month performance guarantee the city can call on if a tree turns out diseased, dying or dead.

Key details: Applies to: Residential cluster developments (Sec. 70-213). Tree lawn width: At least 4 feet, between sidewalk and curb. Species: Canopy trees per Sec. 19-600 zoning ordinance. Guarantee: 18-month replacement performance guarantee. Utility easements: Written public utilities department consent required.

Sec. 70-213 is enforced through the cluster development's final plan approval and the developer's 18-month tree-replacement guarantee rather than a standalone citation: the director of development and permits can call on that guarantee to compel replacement of a street tree that is diseased, dying or dead within the warranty period, and plantings placed in a water or sewer easement without the public utilities department's written consent are out of compliance and subject to correction before the plan closes out.

The Bottom Line

Chesapeake's tree protection 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.