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Hanover County, VA Tree Protection: Protected Tree Species (2026)

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

Key Facts

Protected categories
Heritage, specimen, memorial, street trees (Sec. 22.5-2)
Trigger for protection
Individual board designation by ordinance (Sec. 22.5-3)
Excluded activity
Silviculture, horticulture, home gardening (Sec. 22.5-1, 22.5-5)
Applies outside
Ashland (chapter applies countywide to designated trees)

Summary

Hanover County's tree preservation chapter protects only trees the Board of Supervisors has individually designated as heritage, specimen, memorial or street trees, not any tree species generally. Ordinary residential landscaping, silviculture and horticulture stay outside the chapter entirely under Sec. 22.5-1, and protection attaches only once the board designates a specific named tree.

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.

This chapter regulates preservation and removal of heritage, specimen, memorial and street trees, as defined in section 22.5-2, when such preservation and removal are not commercial silvicultural or horticultural activities, including but not limited to planting, managing, or harvesting forest or tree crops. ... Heritage tree means any tree which has been individually designated by the county board of supervisors to have notable historic or cultural interest. Memorial tree means any tree which has been individually designated by the county board of supervisors to be a special commemorating memorial. Specimen tree means any tree which has been individually designated by the county board of supervisors to be notable by virtue of its outstanding size and quality for its particular species. Street tree means any tree which has been individually designated by the county board of supervisors and which grows in the street right-of-way or on private property as authorized by the owner and placed or planted there by the county.

Full Breakdown

Sec. 5 to the preservation and removal of heritage, specimen, memorial and street trees as defined in Sec. 5-2, and expressly excludes commercial silvicultural or horticultural activity, including planting, managing or harvesting forest or tree crops, from its reach. Sec. 5-2 defines the four designation categories: a heritage tree is one designated by the board for notable historic or cultural interest; a memorial tree is one designated as a special commemorating memorial; a specimen tree is one designated as notable for its outstanding size and quality for its species; and a street tree is one designated that grows in the street right-of-way or, with the owner's authorization, on private property where the county placed or planted it.

None of these categories protects a tree automatically; Sec. 5-3 requires the designation itself to come from an arborist or urban forester and be adopted by the board through an ordinance, with the affected property owner notified by certified mail before the hearing. Sec. 5-5 further excludes federal or state property, emergency work, routine utility line maintenance, and minor activities like home gardening and landscaping from the chapter's reach even where a designated tree is nearby.

Violations & Fines

The categories themselves carry no penalty until a tree is designated; once designated, unauthorized removal, relocation or alteration is punishable under Sec. 22.5-7 by a civil penalty of up to $2,500 per violation, with the procedure set by the planning director and the chapter also enforceable by injunction.

Frequently Asked Questions

Does Hanover County automatically protect large or old trees?
No. Chapter 22.5 only reaches a tree once the Board of Supervisors individually designates it as heritage, specimen, memorial or street under Sec. 22.5-2 and 22.5-3; an undesignated tree, no matter its size or age, is not covered.
What are the four tree categories Hanover County can designate?
Heritage tree (historic or cultural interest), memorial tree (commemorative), specimen tree (outstanding size and quality for its species), and street tree (in the right-of-way or planted by the county), all defined in Sec. 22.5-2.
Does this chapter cover my backyard trees and landscaping?
No. Sec. 22.5-5 excludes activities with minor effects on trees, including home gardening and landscaping of individual homes, unless the specific tree has been formally designated under the chapter.
Who decides which trees get designated in Hanover County?
An arborist or urban forester makes the designation, which the Board of Supervisors then adopts by ordinance under Sec. 22.5-3, with the property owner notified by certified mail before the public hearing.

Sources & Official References

Other rules in Hanover County

All Hanover County rules

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