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James City County, VA Tree Protection: Parkway Planting (2026)

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

Key Facts

Applies to
Multi-family/apartment developments, 2+ units
Spacing
About 1 tree per 40 feet
Minimum caliper
1½ inch at planting
Location
In ROW or 5-ft preservation easement
Planting season
September to February (dormant)

Summary

In multi-family and apartment developments of two or more units, James City County's Zoning Ordinance § 24-102 requires deciduous shade trees planted as street trees along every right-of-way frontage. Trees must sit within the right-of-way or a five-foot preservation easement, spaced about every 40 feet, at a minimum 1½-inch caliper at planting.

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

(1)Deciduous shade trees shall be planted as street trees along all right-of-ways within the development. Such trees shall be located either within the right-of-way or within a five-foot landscape preservation easement contiguous to such right-of-way. Where located within an easement, the easement shall be dedicated, together with a maintenance easement, to the property owners' association or other entity approved by the county attorney.(2)The easement or right-of-way shall contain at a minimum, one tree planted approximately every 40 feet.(3)All trees planted to meet this requirement shall have a minimum caliper of one and one half inch (1½") and conform to the provisions of section 24-94 of the zoning ordinance.

Full Breakdown

Section 24-102 targets a specific development type: multi-family developments, independent living facilities, and apartment developments with two or more dwelling units. Where those developments have rights-of-way rather than parking-lot layouts, deciduous shade trees must be planted as street trees along all of those rights-of-way. The trees can sit either directly within the right-of-way or within a five-foot landscape preservation easement running alongside it; if an easement is used, it must be dedicated, along with a maintenance easement, to the property owners' association or another entity approved by the county attorney.

The spacing standard requires at least one tree planted approximately every 40 feet along the easement or right-of-way, and every tree installed to meet the requirement must have a minimum caliper of one and one-half inches and otherwise conform to the plant material standards of § 24-94. Species choice is not open-ended: § 24-102(4) requires street trees to be deciduous shade trees that are native or otherwise commonly planted and adaptive to James City County's soils and climate; an applicant who wants an evergreen or ornamental substitute instead must file a landscape modification request under § 24-91 for the planning director to consider.

Where a multi-family or apartment site is designed around parking lots rather than rights-of-way, the parking lot landscaping standards of § 24-99 apply in place of the street tree rule. Planting timing is also fixed: § 24-102(5) requires installation between September and February while plant material is dormant, unless the planning director approves otherwise, though a temporary certificate of occupancy can still issue under § 24-8(b) before planting is finished.

Violations & Fines

Street tree compliance is checked as part of the landscape plan required for the site. Under § 24-87(e), a certificate of occupancy will not be issued until all landscaping, including the required street trees, has been installed in accordance with the approved plan, unless the developer posts a performance guarantee for the incomplete work; the owner remains responsible under § 24-87(f) for maintaining, repairing and replacing street trees and easement fencing after installation.

Frequently Asked Questions

Does every property in James City County have to plant street trees?
No. The street tree requirement in § 24-102 applies specifically to multi-family, independent living and apartment developments with two or more dwelling units; other developments follow the county's general landscaping standards instead.
Can a developer use a different tree species than a deciduous shade tree?
Only with approval. Section 24-102(4) requires native or locally adaptive deciduous shade trees, but a developer wanting an evergreen or ornamental substitute must file a landscape modification request under § 24-91 for the planning director's approval.
When can street trees be planted?
Under § 24-102(5), planting must happen between September and February while trees are dormant, unless the planning director approves otherwise; a temporary certificate of occupancy can still be issued under § 24-8(b) if planting hasn't happened yet.

Sources & Official References

Other rules in James City County

All James City County rules

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