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Arlington County, VA Tree Protection: Heritage & Protected Trees (2026)

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

Key Facts

Governing law
Arlington County Code Ch. 67, Art. III
Designation process
County Board ordinance after public hearing
Private-lot consent
Owner consent required on single-family parcels
Removal standard
Only for public need or severe hardship
Penalty
Civil fine up to $2,500 per violation
Appeal window
30 days to pay or appeal to court

Summary

Arlington County designates heritage, memorial, specimen, and street trees by County Board ordinance after a public hearing, and once designated a tree cannot be removed or damaged except for an overriding public-improvement need or severe hardship. Violators face a civil penalty up to $2,500 per violation.

These county ordinances apply to unincorporated areas of Arlington County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

No heritage, memorial, specimen, or street tree shall be removed or damaged in any way unless the County Board determines that: (i) there is an overriding need for public improvements; or (ii) a severe hardship exists for reasonable use of a site. Should the County Board determine to permit such treatment, the County Board may require that the tree be replaced with a similar tree or trees to approximate the canopy lost, and must issue a writing specifying the action permitted, the tree and its location, and the findings justifying the permission.

Full Breakdown

Chapter 67, Article III of the Arlington County Code (§§ 67-6 through 67-9) governs heritage, memorial, specimen, and street trees on public or private property. Designation starts when a County urban forester or a County Manager-designated arborist recommends a tree to the County Board; any person may nominate a tree on public property, and only the owner may nominate a tree on a single-family lot, whose consent is also required before the Board can designate it. The Board must hold a public hearing first. For a tree on private property, the County Manager must notify the owner by certified mail when the recommendation arrives and again at least 30 days before the hearing; owners may request up to a six-month extension, and may not destroy the tree while the designation is pending.

Once designated, § 67-7 bars removing or damaging the tree unless the Board finds either an overriding need for public improvements or a severe hardship for reasonable use of the site; if permitted, the Board can require a replacement tree to approximate the lost canopy and must issue written findings. The County Manager may still authorize removal without a Board finding if an arborist or urban forester determines the tree is dead, irreversibly diseased or damaged, or hazardous. Section 67-9 exempts federal or state property, emergency work, routine utility line maintenance, minor home gardening and landscaping, and commercial silviculture or horticulture.

If a designation amounts to a taking of private property, § 67-6(D) requires the County to compensate the owner to the extent recognized under state or federal law.

Violations & Fines

Under § 67-8, causing, contributing to, or permitting injury to, removal of, or destruction of a heritage, memorial, specimen, or street tree carries a civil penalty of up to $2,500 for each violation. The County Manager imposes the penalty by issuing a civil summons; the recipient has 30 days to pay the fine to the Treasurer of Arlington County or to appeal the violation to the General District Court.

Frequently Asked Questions

Can I remove a heritage tree from my own private property?
Not without County Board approval. Once a tree is designated as heritage, memorial, specimen, or street under § 67-6, § 67-7 prohibits removing or damaging it unless the Board finds an overriding need for public improvements or a severe hardship for reasonable use of the site, and the Board can still require a replacement tree to offset the lost canopy.
Does the County need my consent to designate a tree on my property?
Yes, if the tree sits on a parcel used for a single-family dwelling. Section 67-6 requires the owner's consent before the County Board can designate a heritage, memorial, specimen, or street tree on single-family residential land, though trees on other private or public parcels can be nominated by any person.
What happens if I damage a designated tree?
You can be issued a civil summons by the County Manager under § 67-8, carrying a penalty of up to $2,500 for each violation. You then have 30 days to pay the Treasurer of Arlington County or appeal the summons to the Arlington County General District Court.
Are routine landscaping or utility repairs exempt?
Yes. Section 67-9 exempts emergency work to protect life or property, routine installation and repair of cable, electric, gas, or telephone lines, minor home gardening and landscaping of individual homes, and commercial silvicultural or horticultural activities from the preservation requirements of Article III.

Sources & Official References

Other rules in Arlington County

All Arlington County rules

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