                                 CODE OF VIRGINIA

REPLACEMENT OF TREES DURING DEVELOPMENT PROCESS IN LOCALITIES (§ 15.2-961.3)

A. Any locality may adopt an ordinance providing for the planting and
replacement of trees during the development process pursuant to the provisions
of this section.

B. 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:

   1. Ten percent tree canopy for a site zoned business, commercial, or
   industrial;

   2. Ten percent tree canopy for a residential site zoned 20 or more units per
   acre;

   3. Fifteen percent tree canopy for a residential site zoned more than 10 but
   less than 20 units per acre;

   4. Twenty percent tree canopy for a residential site zoned 10 units or less
   per acre; and

   5. The tree canopy percentage for a mixed-use development shall be the
   percentage applicable to the predominant use of the development. For purposes
   of this subdivision, &#8220;predominant use&#8221; means the use within the
   development that constitutes the largest percentage of gross land area or, in
   the case of a building or buildings, the largest percentage of the total floor
   area.
   				However, the City of Williamsburg may require at 10 years the minimum tree
   canopies or covers set out in this subsection.

C. 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 &#xA7; 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. The ordinance shall provide for reasonable provisions for reducing the tree
canopy requirements of subsection B 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. 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 or fund whereby a
portion of a development&#8217;s tree canopy requirement may be met from
off-site planting or replacement of trees at the direction of the locality.

F. Any tree canopy bank shall be within the locality and located as closely as
feasible to where the development project is situated. If there is no bank
within the locality of the development project with sufficient credits to meet
the project&#8217;s off-site needs, and with the approval of the locality where
the development project is located, the unmet portion of a development&#8217;s
tree canopy requirement may be met by payment of an amount equal to no less than
the development project&#8217;s avoided costs for the unmet portion to the
locality&#8217;s tree canopy fund established pursuant to subsection G or the
state treasury to be credited to the Natural Resources Commitment Fund, pursuant
to subsection A of &#xA7; 10.1-2128.1. Amounts credited to the Natural Resources
Commitment Fund pursuant to this subsection shall be distributed to the Virginia
Agricultural Best Management Practices Cost-Share Program and applied to the
implementation of riparian forested buffer best management practices. 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.

G. A locality may, by ordinance, establish a tree canopy fund to collect,
maintain, and distribute fees collected from developers that cannot provide full
tree canopy requirements on-site where permitted pursuant to subsection E. For
purposes of establishing consistent and predictable fees, such ordinance shall
establish cost units that are based on average costs of two-inch caliper nursery
stock trees. The locality may use moneys from the tree canopy fund to (i) plant
and maintain trees on public or private property or (ii) make a disbursement to
a community-based organization that is exempt from income tax pursuant to &#xA7;
501(c)(3) of the Internal Revenue Code and is operated for tree planting,
stewardship, or community-beautification missions that benefit the community at
large. Any funds collected by localities in accordance with this subsection
shall be spent within five years of the collection date.

H. 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 adopted by the
Virginia Nursery and Landscape Association, the Virginia Society of Landscape
Designers, or the Virginia Chapter of the American Society of Landscape
Architects or, if applicable, the road and bridge specifications of the Virginia
Department of Transportation.

I. Existing trees that 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 that the locality may establish.

J. For purposes of this section, &#8220;tree canopy&#8221; or &#8220;tree
cover&#8221; 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&#8217;
maturity. Planted canopy at 10 or 20 years&#8217; maturity shall be based on
published reference texts generally accepted by landscape architects,
nurserymen, and arborists in the community or standards adopted by the Virginia
State Forester, and the texts shall be specified in the ordinance.

K. 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.

L. In no event shall any local tree replacement or planting ordinance adopted
pursuant to this section exceed the requirements set forth herein. Nothing in
this section shall prohibit or unreasonably limit silvicultural practices in
accordance with &#xA7; 10.1-1126.1.

M. 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.

N. Nothing in this section shall invalidate any local ordinance adopted pursuant
to the provisions of &#xA7; 15.2-961 or 15.2-961.1.

HISTORY: 2022, c. 620; 2025, c. 417.