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Chesapeake, VA Tree Protection: Parkway Planting (2026)

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

Key Facts

Applies to
Residential cluster developments (Sec. 70-213)
Tree lawn width
At least 4 feet, between sidewalk and curb
Species
Canopy trees per Sec. 19-600 zoning ordinance
Guarantee
18-month replacement performance guarantee
Utility easements
Written public utilities department consent required

Summary

In Chesapeake's residential cluster subdivisions, canopy street trees are treated as a required amenity rather than an option: Sec. 70-213(B) directs them into tree lawns at least four feet wide between the sidewalk and the curb, keeps utilities out of the root zone, and backs every planting with an 18-month performance guarantee the city can call on if a tree turns out diseased, dying or dead.

B. Street trees. Canopy trees as defined in section 19-600 of the zoning ordinance are one of the most important amenities of a cluster development. Where possible, canopy trees shall be planted in "tree lawns" at least four feet wide located between the sidewalk and the curb or edge of right-of-way pavement. Utilities shall be located either within the tree lawn area or in a special utility easement located beyond the sidewalk. The final plan may address barriers, such as bio-barriers, that will direct root systems away from public utilities. Plant materials that are easily maintained or removed shall be used in utility easements. Prior written consent from the public utilities department will be required for landscaping located in a water or sewer easement. Street trees shall require a performance guarantee to assure replacement for 18 months after planting. The city may invoke this performance guarantee if the director of development and permits, or designee, determines that a tree is diseased, dying or dead.

Full Breakdown

The street-tree standard sits inside Article VI of the subdivision ordinance, which governs residential cluster developments approved under the conservation-land design process in Sec. 70-211 and Sec. 70-212. Sec. " The trees must be a canopy species as defined in Sec. 19-600 of the zoning ordinance, planted where possible in a tree lawn strip at least four feet wide separating the sidewalk from the curb or the edge of right-of-way pavement. Because that strip often carries utilities too, the section requires utility lines to sit either within the tree lawn or in a separate utility easement placed beyond the sidewalk, and lets the final plan specify root barriers to keep tree roots away from pipes and lines; plantings inside a water or sewer easement additionally need the public utilities department's written consent.

The developer's guarantee runs 18 months from planting, and the director of development and permits, or a designee, can invoke it to require replacement of any tree found diseased, dying or dead during that period. The same article also sets related cluster infrastructure standards nearby, including 250-foot minimum-radius reverse curves and shared driveways in the A-1 district limited to three dwellings, showing the street-tree rule is one piece of a broader conservation-design package adopted by Ord. No. 04-O-080 on May 18, 2004.

Violations & Fines

Sec. 70-213 is enforced through the cluster development's final plan approval and the developer's 18-month tree-replacement guarantee rather than a standalone citation: the director of development and permits can call on that guarantee to compel replacement of a street tree that is diseased, dying or dead within the warranty period, and plantings placed in a water or sewer easement without the public utilities department's written consent are out of compliance and subject to correction before the plan closes out.

Frequently Asked Questions

Are street trees mandatory in a Chesapeake cluster subdivision?
Effectively yes. Sec. 70-213(B) calls canopy street trees "one of the most important amenities of a cluster development" and requires them planted in tree lawns at least four feet wide between the sidewalk and curb wherever possible, as part of the conservation-design standards that apply to every residential cluster development.
What happens if a newly planted street tree dies in Chesapeake?
The developer is on the hook. Sec. 70-213(B) requires an 18-month performance guarantee on street tree plantings, and the director of development and permits, or a designee, can invoke that guarantee to require replacement of any tree found diseased, dying or dead within that period.
Can utilities run through the same strip as the street trees?
Only within the tree lawn itself or in a separate utility easement placed beyond the sidewalk, per Sec. 70-213(B). Landscaping placed in a water or sewer easement needs the public utilities department's written consent first, and the final plan can specify bio-barriers to steer roots away from buried lines.

Sources & Official References

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