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Hampton, VA Landscaping Rules: Tree Removal & Heritage Trees (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Tree removal permit rules in Hampton, VA, sometimes called heritage tree, protected tree, or street tree ordinances, list which trees require a permit before you can cut them down.

Key Facts

Applies to
O-CBP zoned / Bay Act sites
Setback rule
6 in per 1 in trunk diameter
Root cutting
prohibited; boring allowed
Markers removed
after certificate of occupancy

Summary

On Chesapeake Bay Preservation Act land-disturbing sites and O-CBP zoned properties, Hampton requires trees in undisturbed buffer areas to be fenced off before construction, with markers set six inches back per inch of trunk diameter and roots left unsevered.

Fencing or markers shall be located such that a distance of not less than six (6) inches for every one (1) foot in diameter of tree trunk shall be maintained from any tree within the undisturbed area.b.Equipment, materials, or people shall not be allowed within the undisturbed area.c.Boards, signs, wires, and the like shall not be nailed to trees to be retained, nor shall equipment hit against such trees.d.Removal of trees not retained shall be in a manner which avoids injury to remaining trees.e.When lowering the grade adjacent to an undisturbed area, damaged roots along the edge of the area shall be cut cleanly and immediately covered with moist organic soil and three (3) inches of mulch.f.Utility services shall be placed on common trenches when possible and routed around undisturbed areas when possible. Tree roots within the tree protection area shall not be severed; however, boring through or under roots is permitted.g.Removal of markers around undisturbed areas shall be permitted after a certificate of occupancy has been issued.(b)Any person proposing any exempt land-disturbing activity or land-disturbing activity for which a permit is required by this article may submit to the agent, for informal review and comment, a preliminary plan showing the general extent and implications of such activities prior to executing any exempt land-disturbing activity or before submitting a formal permit application. (Ord. No. 24-0013, 9-11-24)

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31 | Zoning: Supplement 20).

Full Breakdown

Hampton City Code § 33.3-50(a)(5) protects trees on Chesapeake Bay Preservation Act land-disturbing sites and O-CBP zoned properties. Before grading starts, contractors must fence or mark every retained-tree area with visible barriers, keeping markers at least six inches back for every foot of trunk diameter. Equipment, materials and people are barred from the marked area; nothing may be nailed to a protected tree; and roots inside the protection zone cannot be severed, though boring under them is allowed. Roots damaged at the edge of a graded area must be cut cleanly and covered with moist soil and mulch. Markers can only come down after a certificate of occupancy issues. This rule is scoped to Bay Act and O-CBP land: it is not a citywide tree ordinance.

Violations & Fines

Disturbing a marked tree-protection area, severing roots inside it, or pulling markers before occupancy breaches the approved erosion and sediment control plan under Chapter 33.3.

Frequently Asked Questions

Does this tree rule apply everywhere in Hampton?
No, § 33.3-50(a)(5) applies to Chesapeake Bay Preservation Act land-disturbing activity and properties zoned O-CBP, not citywide construction.
Can a contractor trench through protected tree roots?
No. The section bars severing roots in a marked protection area, though boring through or under them is permitted.

Sources & Official References

Other rules in Hampton

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