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

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

Key Facts

Designation basis
Notable historic or cultural interest (Sec. 22.5-2)
Designation process
Arborist recommendation, adopted by board ordinance (Sec. 22.5-3)
Owner notice
Certified mail before the designation hearing
Removal notice
14 days' written notice to planning director (Sec. 22.5-4)
Penalty
Up to $2,500 per violation (Sec. 22.5-7)

Summary

A tree earns 'heritage' status in Hanover County only when the Board of Supervisors individually designates it by ordinance for its notable historic or cultural interest under Sec. 22.5-2. Before the board votes, Sec. 22.5-3 requires the property owner to receive certified mail notice of the proposed designation ahead of the hearing.

These county ordinances apply to unincorporated areas of Hanover 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 county 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

Sec. 5-2 defines a heritage tree as any tree individually designated by the county board of supervisors to have notable historic or cultural interest, one of four designation types the chapter recognizes alongside memorial, specimen and street trees. Sec. 5-3 sets the designation process: an arborist or urban forester makes the designation, which becomes effective only when the board adopts it by ordinance, and the individual property owner must be notified by certified mail of the proposed designation before the hearing on that ordinance is held.

Once a tree carries heritage status, Sec. 5-4 bars removing, relocating or altering it, or disturbing land within its canopy, unless the owner gives the planning director fourteen days' written notice in advance and the action fits a safety-hazard exception (a traffic hazard, disruption of public services, or danger to people or buildings) or a diseased-or-weakened-tree exception (disease, age, storm, fire or other injury). Sec. 1 of title 25 of the Code of Virginia.

Violations & Fines

Sec. 22.5-7 makes a violation of the chapter, including removing or altering a designated heritage tree without the required notice or a qualifying exception, punishable by a civil penalty of up to $2,500 per violation, with the assessment procedure set by the planning director; the chapter can also be enforced by injunction.

Frequently Asked Questions

How does a tree become an official Hanover County heritage tree?
An arborist or urban forester makes the designation for notable historic or cultural interest, and the Board of Supervisors adopts it by ordinance under Sec. 22.5-2 and 22.5-3; a tree has no protected status until that ordinance is passed.
Will I be told before my tree is designated as heritage?
Yes. Sec. 22.5-3 requires the property owner to be notified by certified mail of the proposed designation before the hearing on the designation ordinance takes place.
Can I remove a designated heritage tree from my property?
Only after giving the planning director fourteen days' written notice, and only if the removal fits the safety-hazard or diseased-or-weakened-tree exception in Sec. 22.5-4; otherwise removal is barred.
What if a heritage tree designation takes away the use of my land?
Sec. 22.5-6 requires the county to compensate the property owner by fee or other consideration if the designation results in a taking, applying the procedures of chapter 1.1 of title 25 of the Code of Virginia.

Sources & Official References

Other rules in Hanover County

All Hanover County rules

Compare Hanover County to another location·View the Virginia tree protection overview

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