Chesapeake, VA Tree Protection: Heritage & Protected Trees (2026)
Key Facts
- Historic tree
- City council designation tied to a historical event
- Specimen tree
- Judged by circumference, height or location
- Applies to
- Apartment, townhouse, office, commercial near single-family
- Exempt
- Bona fide farming, forestry, commercial tree businesses
- Replacement minimum
- 1 tree per townhouse unit; 1 per 4 apartment units
- Enforcement
- Planning department landscaping permit and field inspection
Summary
Chesapeake's subdivision code directs developers to protect "irreplaceable and beneficial" natural features, giving special consideration to trees the city council has formally designated historic and to specimen trees rated exceptional for their circumference, height or location. Sec. 70-91 applies to apartment, townhouse, office and commercial projects next to single-family neighborhoods, but exempts bona fide farming, forestry and commercial tree operations.
Existing natural features which would add value to development or to the city as a whole, such as trees, watercourses, historic spots, and similar irreplaceable and beneficial assets, shall be protected wherever practical in the design of the development. Special consideration should be given to specimen and historic trees and specimen vegetation. ... Historic tree means any tree which has been specifically designated by the city council to have been closely associated with an historical event, place, or age. ... Specimen trees and shrubs means any woody plant which, due to circumference, height, or location, is deemed to be an unusual example of its species. ... Bona fide farming, forestry projects, and commercial tree businesses are exempt from the regulations contained in this section.
Full Breakdown
A "historic tree" under Sec. 70-91(b) is not automatically protected by size or species: the designation requires an affirmative act of city council recognizing the tree as closely associated with a historical event, place or age. A "specimen tree or shrub" is judged instead by circumference, height or location, and will generally qualify as a "record" or "champion" tree under Virginia Forestry Association criteria, or by growing at the extremity of its natural range as defined by the Old Dominion University botany department. Once either designation is in play, subsection (c) requires the developer to hire a "person knowledgeable," meeting Virginia Nurserymen Certification experience standards, to prepare a site analysis documenting the presence of specimen or historic trees and shrubs before the planning commission reviews a preliminary or final plat.
The analysis must weigh whether proposed removal is justified by disease, damage, interference with buildings or utilities, or drainage impedance, and must propose alternative landscaping to protect the resource where practical. Subsection (e) sets a floor for the resulting landscaping plan: at least one tree retained or planted per townhouse unit, or one per four apartment units, with a healthy retained natural tree counted as two planted trees, and replanted trees at least two inches in caliper. The planning commission may grant variances from these requirements if the underlying protective purpose is still met.
Enforcement runs through the department of planning under subsection (f): after final plat approval, the developer must obtain a landscaping permit and pay the fee set in Sec. 70-191, and city staff conduct a field inspection once the required landscaping is complete to confirm compliance before the plan is closed out.
Violations & Fines
Sec. 70-91 is enforced by the director of planning or a designee, primarily through the plat approval process rather than after-the-fact citations: a developer cannot obtain the required landscaping permit, or close out final plat approval, without the field-inspected landscaping shown on the approved plan. The section carries no separately stated fine; unresolved noncompliance is addressed by withholding plat and occupancy approvals tied to the subdivision.
Frequently Asked Questions
How does a tree become an official "historic tree" in Chesapeake?
Does this tree protection rule apply to a single-family home lot?
What has to happen before a covered developer can remove a specimen tree?
Sources & Official References
Other rules in Chesapeake
Compare Chesapeake to another location·View the Virginia tree protection overview
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