Virginia Statewide Rule
Virginia Tree Conservation Local Authority Statute
Key Facts
- Replacement authority
- Section 15.2-961 (statewide)
- Canopy conservation
- Section 15.2-961.1 (limited localities)
- Eligible for 961.1
- Planning District 8 nonattainment
- Backyard tree removal
- Generally unregulated
Summary
Any Virginia locality may require tree replacement during land development under Section 15.2-961, but broader tree-canopy conservation ordinances under Section 15.2-961.1 are limited to Planning District 8 localities in ozone nonattainment areas.
C. The ordinance shall require that the site plan for any subdivision or development include the planting or replacement of trees on the site to the extent that, at 20 years, minimum tree canopies or covers will be provided in areas to be designated in the ordinance, as follows: 1. Ten percent tree canopy for a site zoned business, commercial, or industrial; 2. Ten percent tree canopy for a residential site zoned 20 or more units per acre; 3. Fifteen percent tree canopy for a residential site zoned more than 10 but less than 20 units per acre; 4. Twenty percent tree canopy for a residential site zoned more than five but not more than 10 units per acre; 5. Twenty-five percent tree canopy for a residential site zoned more than two but not more than five units per acre; and 6. Thirty percent tree canopy for a residential site zoned two or fewer units per acre.
Full Breakdown
Va. Code Section 15.2-961 authorizes any Virginia locality to require the planting or replacement of trees as a condition of site-plan or subdivision approval during the land-development process. The broader tree-canopy conservation ordinance under Section 15.2-961.1 is available only to localities within Planning District 8 that meet population-density criteria and are classified as ozone nonattainment areas. Outside the development process, Dillon's Rule generally prevents localities from requiring permits to remove trees on private residential property.
Violations & Penalties
Where authorized, ordinances require replacement plantings or replacement costs as a development condition. Outside enabling authority, local tree-removal ordinances are unenforceable.
Frequently Asked Questions
Can any Virginia town require a permit to remove a backyard tree?
Does state law protect heritage trees?
Sources
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