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

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

Key Facts

Who decides
Board of Supervisors, by ordinance
Categories
Heritage, memorial, specimen, street trees
Owner notice
Certified mail before hearing
Private property
Requires owner's written consent

Summary

Fairfax County's Urban Forester can recommend individual trees for official heritage, memorial, specimen or street tree status, which the Board of Supervisors adopts by ordinance after notifying the owner and holding a public hearing.

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

The Urban Forester may, in accordance with the provisions of this Article, identify and recommend that certain trees located within the County be officially designated by ordinance as heritage, memorial, specimen, or street trees. The designation of any tree described herein, to include the area encompassing the critical root zone area, shall be subject to all preservation and conservation standards and practices enumerated by the Fairfax County Public Facilities Manual. The designation of certain trees pursuant to this Chapter shall consider the land use planned by the property owner. Prior to the hearing on the adoption of such ordinance, the property owner of such trees shall be notified by certified mail. At the public hearing, the Urban Forester shall present his recommendation to the Board of Supervisors for adoption of the tree designation ordinance.(b)The identification of trees for potential designation pursuant to this Chapter may be undertaken by a citizen, citizen's group, or organization by submitting a complete report to the Director, for evaluation by the Urban Forester, describing the tree or trees in question and their significance in needing protection or designation under this section. Any citizen, citizen's group, or organization, including the Urban Forester, that submits a report to the Director shall also submit the written consent of all owners of property on whose land trees are proposed for designation.

Source: Fairfax County Urban Forest Management DivisionView official code

Full Breakdown

Under the Heritage, Specimen, Memorial and Street Tree Ordinance, the Urban Forester may identify and recommend specific trees for designation, and citizens or groups can also petition by submitting a report to the Director along with the property owner's written consent. The Board of Supervisors adopts each designation by its own ordinance after a public hearing, with the tree owner notified by certified mail beforehand. Designation protects the tree and its critical root zone under standards in the Fairfax County Public Facilities Manual, and on private property requires the owner's express written consent, given without compensation.

Violations & Fines

A property owner can't destroy a tree that's been proposed for designation while it's pending review by the Director, Urban Forester or Board of Supervisors, under Section 120-3-1(e).

Frequently Asked Questions

How does a tree become a Fairfax County heritage tree?
The Urban Forester or a citizen group submits a report to the Director, and the Board of Supervisors adopts an ordinance designating it after a public hearing.
Can the county designate my tree without my consent?
No - on private property, designation requires the owner's express written consent, given without compensation.

Sources & Official References

Other rules in Fairfax County

All Fairfax County rules

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