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

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

Key Facts

Designation authority
City Council, by ordinance only
Tree types covered
Heritage, memorial, specimen, street trees
Hearing notice
14 days' certified mail to owner
Max civil penalty
$2,500 per violation
Drip-line buffer
50 feet before city land disturbance
Administrator
Director of Parks and Recreation

Summary

Charlottesville protects trees one at a time: City Council must individually designate a heritage, memorial, specimen or street tree by ordinance before Chapter 18's protections apply. Once designated, a tree cannot be removed or damaged without council authorization, and knowing violations of the article draw a civil penalty of up to $2,500 per violation.

Any person or entity that knowingly violates any provision of this article shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500.00) for each violation. ... Heritage tree means any tree that has been individually designated by city council to have notable historic or cultural interest. ... Any person may submit a written request to the administrator seeking designation by ordinance of a tree located on private property as a heritage, memorial, specimen or street tree. ... City council, after consideration of the report and recommendation of the city arborist and any additional information that it deems relevant, and after conducting a public hearing, may designate by ordinance the subject tree as a heritage, memorial, specimen or street tree. ... A property owner shall undertake reasonable efforts to preserve and protect any trees designated pursuant to this article. No heritage, memorial, specimen or street tree may be removed or intentionally damaged in a way that could destroy the tree unless authorized by city council.

Full Breakdown

Charlottesville's tree conservation ordinance, City Code §§ 18-5 through 18-12, does not protect any tree species automatically. Protection begins only when City Council designates a specific tree, by ordinance, as a heritage tree (notable historic or cultural interest), a memorial tree (a commemorative planting), a specimen tree (notable for its size and quality within its species), or a street tree (planted by the local government in the right-of-way or on private property with owner authorization). Anyone, including a non-owner with the owner's written consent, can submit a written designation request to the administrator, who is the director of parks and recreation; the tree commission reviews it and the city arborist reports to council, which holds quarterly public hearings and must give the property owner at least 14 days' certified-mail notice before voting to designate.

Once a tree carries a designation, § 18-10 requires the property owner to make reasonable efforts to preserve it, and bars removing or intentionally damaging it in a way that could destroy it unless council authorizes the action because of an overriding public-improvement need or severe hardship to the owner. The city manager can independently permit removal if the arborist finds the tree dead, irreversibly diseased or damaged, or a danger that cannot be mitigated. Before any city-directed land disturbance within 50 feet of a designated tree's drip line, the arborist must be alerted and can require the work altered, referred to the tree commission, or halted.

Knowing violations of the article carry a civil penalty of up to $2,500 per violation, issued by summons in general district court, and § 18-11 exempts federal or state property, emergency work, utility line maintenance, home gardening, and commercial silviculture.

Violations & Fines

Removing or intentionally damaging a council-designated heritage, memorial, specimen or street tree without authorization is a knowing violation of Chapter 18, Article II, carrying a civil penalty of up to $2,500 per violation, issued by civil summons in Charlottesville General District Court rather than as a criminal charge.

Frequently Asked Questions

Which trees are protected under Charlottesville's tree ordinance?
Only trees individually designated by City Council ordinance as a heritage, memorial, specimen or street tree, under City Code § 18-8. There is no automatic protection based on species, age or size alone; a tree gains protection only after council votes to designate it following a public hearing.
Who can request a tree be protected in Charlottesville?
Any person can submit a written request to the parks and recreation director under § 18-9, describing the tree and why it qualifies; a request for a tree on someone else's private property needs the owner's written consent. The tree commission and city arborist review it before council holds a quarterly public hearing.
Can a property owner remove a designated tree?
Not without City Council authorization, except where the city manager finds the tree dead, irreversibly diseased or damaged, or an unmitigable hazard. Council can otherwise authorize removal only for an overriding public-improvement need or severe hardship to the owner, under § 18-10.
What is the penalty for damaging a protected tree in Charlottesville?
A knowing violation of Chapter 18's tree conservation article carries a civil penalty of up to $2,500 per violation under § 18-7, imposed by civil summons returnable in Charlottesville General District Court, a civil track separate from the criminal misdemeanor penalties used elsewhere in the City Code.

Sources & Official References

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