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

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

Key Facts

Designating body
Board of Supervisors, by ordinance
Recommended by
Arborist or urban forester
Owner notice
Certified mail before hearing
Related categories
Memorial tree, specimen tree
Removal rule once designated
14-day notice, § 24-24
Maximum penalty
$2,500.00 per violation

Summary

Stafford County's board of supervisors may individually designate a tree of notable historic or cultural interest as a heritage tree by ordinance, after an arborist recommends it and the owner gets certified-mail notice ahead of the public hearing. Designated trees then fall under Article III's removal restrictions.

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

Heritage tree means any tree which has been individually designated by the board of supervisors to have notable historic or cultural interest. ... The designation of such trees shall be by an arborist or urban forester and shall be made by ordinance. The individual property owner of such trees shall be notified by certified mail of such proposed designation prior to the hearing on the adoption of such ordinance.

Full Breakdown

Section 24-22 defines a "heritage tree" as any tree individually designated by the board of supervisors to have notable historic or cultural interest, alongside two related categories in the same section: a "memorial tree," designated as a special commemorating memorial, and a "specimen tree," designated for its outstanding size and quality for its species. Section 24-23 sets the designation procedure: the recommendation for special designation must come from an arborist or urban forester, and the designation itself is made by ordinance adopted by the board of supervisors.

Before the board holds its hearing on that designation ordinance, the individual property owner of the tree must be notified by certified mail of the proposed designation. Once a tree carries heritage, memorial or specimen status, it becomes subject to the removal, relocation and alteration restrictions of section 24-24, which require 14 days' written notice to the county administrator and a qualifying safety or disease condition before any work affecting the tree or its canopy can proceed. Article III's protections do not reach ordinary, undesignated trees, and section 24-25 separately exempts routine home landscaping and several other categories of work from the article entirely.

Violations & Fines

Removing, relocating or altering a designated heritage, memorial or specimen tree, or disturbing land within its canopy, without following section 24-24's notice-and-condition requirement violates Article III and is punishable under section 24-27 by a civil penalty of up to $2,500.00 per violation, with the imposition procedure set by the county administrator; the article may also be enforced through an injunction.

Frequently Asked Questions

How does a tree become a designated heritage tree in Stafford County?
Section 24-23 requires an arborist or urban forester to make the special-designation recommendation, and the board of supervisors then adopts the designation by ordinance, after notifying the individual property owner by certified mail before the hearing on that ordinance.
What protection does heritage-tree status add?
Once designated, the tree falls under section 24-24, which bars removing, relocating or altering it, or disturbing land within its canopy, unless the county administrator gets 14 days' written notice and the work fits a listed safety-hazard or disease condition.
Is a heritage tree different from a specimen or memorial tree?
Yes, section 24-22 defines all three separately: heritage trees are designated for historic or cultural interest, memorial trees commemorate something specific, and specimen trees are designated for outstanding size and quality within their species.

Sources & Official References

Other rules in Stafford County

All Stafford County rules

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