{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-961.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-961.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-961.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-961.html"}],"law_id":68912,"edition_id":1,"section_id":68912,"structure_id":13545,"section_number":"15.2-961","catch_line":"Replacement of trees during development process in certain localities","history":"1989, c. 715, \u00a7 15.1-14.2; 1990, c. 362; 1994, c. 420; 1997, c. 587; 2002, cc. 191, 226; 2003, c. 875; 2007, c. 813; 2013, c. 248; 2018, c. 399; 2022, c. 620.","full_text":"A\n\nAny locality with a population density of at least 75 persons per square mile or any locality within the Chesapeake Bay watershed may adopt an ordinance providing for the planting and replacement of trees during the development process pursuant to the provisions of this section. Population density shall be based upon the latest population estimates of the Cooper Center for Public Service of the University of Virginia.B\n\nThe ordinance shall require that the site plan for any subdivision or development include the planting or replacement of trees on the site to the extent that, at 20 years, minimum tree canopies or covers will be provided in areas to be designated in the ordinance, as follows:1\n\nTen percent tree canopy for a site zoned business, commercial, or industrial;2\n\nTen percent tree canopy for a residential site zoned 20 or more units per acre;3\n\nFifteen percent tree canopy for a residential site zoned more than 10 but less than 20 units per acre; and4\n\nTwenty percent tree canopy for a residential site zoned 10 units or less per acre.\n\t\t\t\tHowever, the City of Williamsburg may require at 10 years the minimum tree canopies or covers set out above.C\n\nThe ordinance shall require that the site plan for any subdivision or development include, at 20 years, that a minimum 10 percent tree canopy will be provided on the site of any cemetery as defined in § 54.1-2310, notwithstanding any other provision of this section. In no event shall any local tree replacement or planting ordinance adopted pursuant to this section exceed the requirements of this subsection.D\n\nThe ordinance shall provide for reasonable provisions for reducing the tree canopy requirements or granting tree cover credit in consideration of the preservation of existing tree cover or for preservation of trees of outstanding age, size or physical characteristics.E\n\nThe ordinance shall provide for reasonable exceptions to or deviations from these requirements to allow for the reasonable development of farm land or other areas devoid of healthy or suitable woody materials, for the preservation of wetlands, or otherwise when the strict application of the requirements would result in unnecessary or unreasonable hardship to the developer. In such instances, the ordinance may provide for a tree canopy bank whereby a portion of a development’s tree canopy requirement may be met from off-site planting or replacement of trees at the direction of the locality. The following shall be exempt from the requirements of any tree replacement or planting ordinance promulgated under this section: dedicated school sites, playing fields and other nonwooded recreation areas, and other facilities and uses of a similar nature.F\n\nThe ordinance may designate tree species that cannot be planted to meet minimum tree canopy requirements due to tendencies of such species to (i) negatively impact native plant communities, (ii) cause damage to nearby structures and infrastructure, or (iii) possess inherent physiological traits that cause such trees to structurally fail. All trees to be planted shall meet the specifications of the AmericanHort. The planting of trees shall be done in accordance with either the standardized landscape specifications jointly adopted by the Virginia Nursery and Landscape Association, the Virginia Society of Landscape Designers and the Virginia Chapter of the American Society of Landscape Architects, or the road and bridge specifications of the Virginia Department of Transportation.G\n\nExisting trees which are to be preserved may be included to meet all or part of the canopy requirements, and may include wooded preserves, if the site plan identifies such trees and the trees meet standards of desirability and life-year expectancy which the locality may establish.H\n\nFor purposes of this section:\n\t\t\t“Tree canopy” or “tree cover” includes all areas of coverage by plant material exceeding five feet in height, and the extent of planted tree canopy at 10 or 20 years maturity. Planted canopy at 10 or 20 years maturity shall be based on published reference texts generally accepted by landscape architects, nurserymen, and arborists in the community, and the texts shall be specified in the ordinance.I\n\nPenalties for violations of ordinances adopted pursuant to this section shall be the same as those applicable to violations of zoning ordinances of the locality.J\n\nIn no event shall any local tree replacement or planting ordinance adopted pursuant to this section exceed the requirements set forth herein.K\n\nNothing in this section shall invalidate any local ordinance adopted pursuant to the provisions of this section prior to July 1, 1990, which imposes standards for tree replacement or planting during the development process.L\n\nNothing in this section shall invalidate any local ordinance adopted by the City of Williamsburg that imposes standards for 10-year-minimum tree cover replacement or planting during the development process.M\n\nNothing in this section shall invalidate any local ordinance adopted pursuant to the provisions of this section after July 1, 1990, which imposes standards for 20-year-minimum tree cover replacement or planting during the development process.N\n\nNothing in this section shall prohibit or unreasonably limit silvicultural practices in accordance with § 10.1-1126.1.","order_by":null,"text":{"0":{"id":249431,"text":"Any locality with a population density of at least 75 persons per square mile or any locality within the Chesapeake Bay watershed may adopt an ordinance providing for the planting and replacement of trees during the development process pursuant to the provisions of this section. Population density shall be based upon the latest population estimates of the Cooper Center for Public Service of the University of Virginia.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":249432,"text":"The ordinance shall require that the site plan for any subdivision or development include the planting or replacement of trees on the site to the extent that, at 20 years, minimum tree canopies or covers will be provided in areas to be designated in the ordinance, as follows:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":249433,"text":"Ten percent tree canopy for a site zoned business, commercial, or industrial;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":249434,"text":"Ten percent tree canopy for a residential site zoned 20 or more units per acre;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":249435,"text":"Fifteen percent tree canopy for a residential site zoned more than 10 but less than 20 units per acre; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":249436,"text":"Twenty percent tree canopy for a residential site zoned 10 units or less per acre.\n\t\t\t\tHowever, the City of Williamsburg may require at 10 years the minimum tree canopies or covers set out above.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":249437,"text":"The ordinance shall require that the site plan for any subdivision or development include, at 20 years, that a minimum 10 percent tree canopy will be provided on the site of any cemetery as defined in § 54.1-2310, notwithstanding any other provision of this section. In no event shall any local tree replacement or planting ordinance adopted pursuant to this section exceed the requirements of this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":249438,"text":"The ordinance shall provide for reasonable provisions for reducing the tree canopy requirements or granting tree cover credit in consideration of the preservation of existing tree cover or for preservation of trees of outstanding age, size or physical characteristics.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":249439,"text":"The ordinance shall provide for reasonable exceptions to or deviations from these requirements to allow for the reasonable development of farm land or other areas devoid of healthy or suitable woody materials, for the preservation of wetlands, or otherwise when the strict application of the requirements would result in unnecessary or unreasonable hardship to the developer. In such instances, the ordinance may provide for a tree canopy bank whereby a portion of a development’s tree canopy requirement may be met from off-site planting or replacement of trees at the direction of the locality. The following shall be exempt from the requirements of any tree replacement or planting ordinance promulgated under this section: dedicated school sites, playing fields and other nonwooded recreation areas, and other facilities and uses of a similar nature.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":249440,"text":"The ordinance may designate tree species that cannot be planted to meet minimum tree canopy requirements due to tendencies of such species to (i) negatively impact native plant communities, (ii) cause damage to nearby structures and infrastructure, or (iii) possess inherent physiological traits that cause such trees to structurally fail. All trees to be planted shall meet the specifications of the AmericanHort. The planting of trees shall be done in accordance with either the standardized landscape specifications jointly adopted by the Virginia Nursery and Landscape Association, the Virginia Society of Landscape Designers and the Virginia Chapter of the American Society of Landscape Architects, or the road and bridge specifications of the Virginia Department of Transportation.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"10":{"id":249441,"text":"Existing trees which are to be preserved may be included to meet all or part of the canopy requirements, and may include wooded preserves, if the site plan identifies such trees and the trees meet standards of desirability and life-year expectancy which the locality may establish.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":249442,"text":"For purposes of this section:\n\t\t\t“Tree canopy” or “tree cover” includes all areas of coverage by plant material exceeding five feet in height, and the extent of planted tree canopy at 10 or 20 years maturity. Planted canopy at 10 or 20 years maturity shall be based on published reference texts generally accepted by landscape architects, nurserymen, and arborists in the community, and the texts shall be specified in the ordinance.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"12":{"id":249443,"text":"Penalties for violations of ordinances adopted pursuant to this section shall be the same as those applicable to violations of zoning ordinances of the locality.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"13":{"id":249444,"text":"In no event shall any local tree replacement or planting ordinance adopted pursuant to this section exceed the requirements set forth herein.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"14":{"id":249445,"text":"Nothing in this section shall invalidate any local ordinance adopted pursuant to the provisions of this section prior to July 1, 1990, which imposes standards for tree replacement or planting during the development process.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"15":{"id":249446,"text":"Nothing in this section shall invalidate any local ordinance adopted by the City of Williamsburg that imposes standards for 10-year-minimum tree cover replacement or planting during the development process.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"16":{"id":249447,"text":"Nothing in this section shall invalidate any local ordinance adopted pursuant to the provisions of this section after July 1, 1990, which imposes standards for 20-year-minimum tree cover replacement or planting during the development process.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"17":{"id":249448,"text":"Nothing in this section shall prohibit or unreasonably limit silvicultural practices in accordance with § 10.1-1126.1.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M"}},"ancestry":[{"id":13545,"edition_id":1,"name":"Additional Powers","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":13058,"metadata":{},"date_created":"2026-06-26 03:45:10","date_modified":"2026-06-26 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work","url":"\/15.2-981\/","token":"15.2\/II\/9\/5\/15.2-981","metadata":false},{"id":72155,"structure_id":13545,"section_number":"15.2-982","catch_line":"Designation of tourism activity zones","url":"\/15.2-982\/","token":"15.2\/II\/9\/5\/15.2-982","metadata":false},{"id":81829,"structure_id":13545,"section_number":"15.2-983","catch_line":"Creation of registry for short-term rental of property","url":"\/15.2-983\/","token":"15.2\/II\/9\/5\/15.2-983","metadata":false},{"id":79056,"structure_id":13545,"section_number":"15.2-983.1","catch_line":"Establishment by localities of certain real estate contract disclosures prohibited","url":"\/15.2-983.1\/","token":"15.2\/II\/9\/5\/15.2-983.1","metadata":false},{"id":62607,"structure_id":13545,"section_number":"15.2-984","catch_line":"Adoption of flood plain ordinances","url":"\/15.2-984\/","token":"15.2\/II\/9\/5\/15.2-984","metadata":false},{"id":71419,"structure_id":13545,"section_number":"15.2-985","catch_line":"Disposition of abandoned shopping carts; unauthorized possession; penalties","url":"\/15.2-985\/","token":"15.2\/II\/9\/5\/15.2-985","metadata":false},{"id":64568,"structure_id":13545,"section_number":"15.2-986","catch_line":"Broadband services; education","url":"\/15.2-986\/","token":"15.2\/II\/9\/5\/15.2-986","metadata":false},{"id":64189,"structure_id":13545,"section_number":"15.2-987","catch_line":"Rentals for 30 consecutive days or longer","url":"\/15.2-987\/","token":"15.2\/II\/9\/5\/15.2-987","metadata":false}],"previous_section":{"id":54832,"structure_id":13545,"section_number":"15.2-960","catch_line":"Planting of trees destroyed during construction","url":"\/15.2-960\/","token":"15.2\/II\/9\/5\/15.2-960","metadata":false},"next_section":{"id":79501,"structure_id":13545,"section_number":"15.2-961.1","catch_line":"Conservation of trees during land development process in localities belonging to a nonattainment area for air quality standards","url":"\/15.2-961.1\/","token":"15.2\/II\/9\/5\/15.2-961.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-961\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 715 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1990, chapter 362; in 1994, chapter 420<\/a>; in 1997, chapter 587<\/a>; in 2002, chapters 191<\/a> and 226<\/a>; in 2003, chapter 875<\/a>; in 2007, chapter 813<\/a>; in 2013, chapter 248<\/a>; in 2018, chapter 399<\/a>; in 2022, chapter 620<\/a>.<\/p>","references":[{"id":74667,"section_number":"15.2-2286.1","catch_line":"Provisions for clustering of single-family dwellings so as to preserve open space","order_by":null,"url":"\/15.2-2286.1\/"},{"id":79501,"section_number":"15.2-961.1","catch_line":"Conservation of trees during land development process in localities belonging to a nonattainment area for air quality standards","order_by":null,"url":"\/15.2-961.1\/"},{"id":72159,"section_number":"15.2-961.3","catch_line":"Replacement of trees during development process in localities","order_by":null,"url":"\/15.2-961.3\/"},{"id":64474,"section_number":"62.1-44.15:23","catch_line":"Wetland and stream mitigation banks","order_by":null,"url":"\/62.1-44.15_23\/"}],"refers_to":[{"id":79172,"section_number":"10.1-1126.1","catch_line":"Silvicultural practices; local government authority limited","order_by":null,"url":"\/10.1-1126.1\/"},{"id":61603,"section_number":"54.1-2310","catch_line":"Definitions","order_by":null,"url":"\/54.1-2310\/"}],"permalink":{"id":156763,"object_type":"law","relational_id":68912,"identifier":"15.2-961","token":"15.2\/II\/9\/5\/15.2-961","url":"\/15.2-961\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-961\/","token":"15.2\/II\/9\/5\/15.2-961","dublin_core":{"Title":"Replacement of trees during development process in certain localities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-961","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any locality<\/span> with a population density of at least 75 persons per square mile or any locality<\/span> within the Chesapeake Bay watershed may adopt an ordinance<\/span> providing for the planting and replacement of trees during the development process pursuant to the provisions of this section. Population density shall be based upon the latest population estimates of the Cooper Center for Public Service of the University of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The ordinance<\/span> shall require that the site plan for any subdivision or development include the planting or replacement of trees on the site to the extent that, at 20 years, minimum tree canopies or covers will be provided in areas to be designated in the ordinance<\/span>, as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Ten percent tree canopy<\/span> for a site zoned business, commercial, or industrial; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Ten percent tree canopy<\/span> for a residential site zoned 20 or more units per acre; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Fifteen percent tree canopy<\/span> for a residential site zoned more than 10 but less than 20 units per acre; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Twenty percent tree canopy<\/span> for a residential site zoned 10 units or less per acre.\n\t\t\t\tHowever, the City<\/span> of Williamsburg may require at 10 years the minimum tree canopies or covers set out above. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The ordinance<\/span> shall require that the site plan for any subdivision or development include, at 20 years, that a minimum 10 percent tree canopy<\/span> will be provided on the site of any cemetery as defined in § 54.1-2310<\/a>, notwithstanding any other provision of this section. In no event shall any local tree replacement or planting ordinance<\/span> adopted pursuant to this section exceed the requirements of this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The ordinance<\/span> shall provide for reasonable provisions for reducing the tree canopy<\/span> requirements or granting tree cover<\/span> credit in consideration of the preservation of existing tree cover<\/span> or for preservation of trees of outstanding age, size or physical characteristics. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The ordinance<\/span> shall provide for reasonable exceptions to or deviations from these requirements to allow for the reasonable development of farm land or other areas devoid of healthy or suitable woody materials<\/span>, for the preservation of wetlands, or otherwise when the strict application of the requirements would result in unnecessary or unreasonable hardship to the developer. In such instances, the ordinance<\/span> may provide for a tree canopy<\/span> bank whereby a portion of a development’s tree canopy<\/span> requirement may be met from off-site planting or replacement of trees at the direction of the locality<\/span>. The following shall be exempt from the requirements of any tree replacement or planting ordinance<\/span> promulgated under this section: dedicated school sites, playing fields and other nonwooded recreation areas, and other facilities and uses of a similar nature. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The ordinance<\/span> may designate tree species that cannot be planted to meet minimum tree canopy<\/span> requirements due to tendencies of such species to (i) negatively impact native plant communities, (ii) cause damage to nearby structures and infrastructure, or (iii) possess inherent physiological traits that cause such trees to structurally fail. All trees to be planted shall meet the specifications of the AmericanHort. The planting of trees shall be done in accordance with either the standardized landscape specifications jointly adopted by the Virginia Nursery and Landscape Association, the Virginia Society of Landscape Designers and the Virginia Chapter of the American Society of Landscape Architects, or the road and bridge specifications of the Virginia Department of Transportation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Existing trees which are to be preserved may be included to meet all or part of the canopy requirements, and may include wooded preserves, if the site plan identifies such trees and the trees meet standards of desirability and life-year expectancy which the locality<\/span> may establish. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> For purposes of this section:\n\t\t\t“Tree canopy<\/span>” or “tree cover<\/span>” includes all areas of coverage by plant material<\/span> exceeding five feet in height, and the extent of planted tree canopy<\/span> at 10 or 20 years maturity. Planted canopy at 10 or 20 years maturity shall be based on published reference texts generally accepted by landscape architects, nurserymen, and arborists in the community, and the texts shall be specified in the ordinance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Penalties for violations of ordinances<\/span> adopted pursuant to this section shall be the same as those applicable to violations of zoning ordinances<\/span> of the locality<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> In no event shall any local tree replacement or planting ordinance<\/span> adopted pursuant to this section exceed the requirements set forth herein. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Nothing in this section shall invalidate any local ordinance<\/span> adopted pursuant to the provisions of this section prior to July 1, 1990, which imposes standards for tree replacement or planting during the development process. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Nothing in this section shall invalidate any local ordinance<\/span> adopted by the City<\/span> of Williamsburg that imposes standards for 10-year-minimum tree cover<\/span> replacement or planting during the development process. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> Nothing in this section shall invalidate any local ordinance<\/span> adopted pursuant to the provisions of this section after July 1, 1990, which imposes standards for 20-year-minimum tree cover<\/span> replacement or planting during the development process. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> Nothing in this section shall prohibit or unreasonably limit silvicultural practices in accordance with § 10.1-1126.1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREPLACEMENT OF TREES DURING DEVELOPMENT PROCESS IN CERTAIN LOCALITIES (\u00a7\n15.2-961)\n\nA. Any locality with a population density of at least 75 persons per square mile\nor any locality within the Chesapeake Bay watershed may adopt an ordinance\nproviding for the planting and replacement of trees during the development\nprocess pursuant to the provisions of this section. Population density shall be\nbased upon the latest population estimates of the Cooper Center for Public\nService of the University of Virginia.\n\nB. The ordinance shall require that the site plan for any subdivision or\ndevelopment include the planting or replacement of trees on the site to the\nextent that, at 20 years, minimum tree canopies or covers will be provided in\nareas to be designated in the ordinance, as follows:\n\n 1. Ten percent tree canopy for a site zoned business, commercial, or\n industrial;\n\n 2. Ten percent tree canopy for a residential site zoned 20 or more units per\n acre;\n\n 3. Fifteen percent tree canopy for a residential site zoned more than 10 but\n less than 20 units per acre; and\n\n 4. Twenty percent tree canopy for a residential site zoned 10 units or less\n per acre.\n \t\t\t\tHowever, the City of Williamsburg may require at 10 years the minimum tree\n canopies or covers set out above.\n\nC. The ordinance shall require that the site plan for any subdivision or\ndevelopment include, at 20 years, that a minimum 10 percent tree canopy will be\nprovided on the site of any cemetery as defined in § 54.1-2310,\nnotwithstanding any other provision of this section. In no event shall any local\ntree replacement or planting ordinance adopted pursuant to this section exceed\nthe requirements of this subsection.\n\nD. The ordinance shall provide for reasonable provisions for reducing the tree\ncanopy requirements or granting tree cover credit in consideration of the\npreservation of existing tree cover or for preservation of trees of outstanding\nage, size or physical characteristics.\n\nE. The ordinance shall provide for reasonable exceptions to or deviations from\nthese requirements to allow for the reasonable development of farm land or other\nareas devoid of healthy or suitable woody materials, for the preservation of\nwetlands, or otherwise when the strict application of the requirements would\nresult in unnecessary or unreasonable hardship to the developer. In such\ninstances, the ordinance may provide for a tree canopy bank whereby a portion of\na development’s tree canopy requirement may be met from off-site planting\nor replacement of trees at the direction of the locality. The following shall be\nexempt from the requirements of any tree replacement or planting ordinance\npromulgated under this section: dedicated school sites, playing fields and other\nnonwooded recreation areas, and other facilities and uses of a similar nature.\n\nF. The ordinance may designate tree species that cannot be planted to meet\nminimum tree canopy requirements due to tendencies of such species to (i)\nnegatively impact native plant communities, (ii) cause damage to nearby\nstructures and infrastructure, or (iii) possess inherent physiological traits\nthat cause such trees to structurally fail. All trees to be planted shall meet\nthe specifications of the AmericanHort. The planting of trees shall be done in\naccordance with either the standardized landscape specifications jointly adopted\nby the Virginia Nursery and Landscape Association, the Virginia Society of\nLandscape Designers and the Virginia Chapter of the American Society of\nLandscape Architects, or the road and bridge specifications of the Virginia\nDepartment of Transportation.\n\nG. Existing trees which are to be preserved may be included to meet all or part\nof the canopy requirements, and may include wooded preserves, if the site plan\nidentifies such trees and the trees meet standards of desirability and life-year\nexpectancy which the locality may establish.\n\nH. For purposes of this section:\n\t\t\t“Tree canopy” or “tree cover” includes all areas of\ncoverage by plant material exceeding five feet in height, and the extent of\nplanted tree canopy at 10 or 20 years maturity. Planted canopy at 10 or 20 years\nmaturity shall be based on published reference texts generally accepted by\nlandscape architects, nurserymen, and arborists in the community, and the texts\nshall be specified in the ordinance.\n\nI. Penalties for violations of ordinances adopted pursuant to this section shall\nbe the same as those applicable to violations of zoning ordinances of the\nlocality.\n\nJ. In no event shall any local tree replacement or planting ordinance adopted\npursuant to this section exceed the requirements set forth herein.\n\nK. Nothing in this section shall invalidate any local ordinance adopted pursuant\nto the provisions of this section prior to July 1, 1990, which imposes standards\nfor tree replacement or planting during the development process.\n\nL. Nothing in this section shall invalidate any local ordinance adopted by the\nCity of Williamsburg that imposes standards for 10-year-minimum tree cover\nreplacement or planting during the development process.\n\nM. Nothing in this section shall invalidate any local ordinance adopted pursuant\nto the provisions of this section after July 1, 1990, which imposes standards\nfor 20-year-minimum tree cover replacement or planting during the development\nprocess.\n\nN. Nothing in this section shall prohibit or unreasonably limit silvicultural\npractices in accordance with § 10.1-1126.1.\n\nHISTORY: 1989, c. 715, \u00a7 15.1-14.2; 1990, c. 362; 1994, c. 420; 1997, c. 587;\n2002, cc. 191, 226; 2003, c. 875; 2007, c. 813; 2013, c. 248; 2018, c. 399;\n2022, c. 620.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}