                                 CODE OF VIRGINIA

TREE CONSERVATION ORDINANCE; CIVIL PENALTIES (§ 10.1-1127.1)

A. The governing body of any county, city or town may adopt a tree conservation
ordinance regulating the preservation and removal of heritage, specimen,
memorial and street trees, as defined under subsection B of this section, 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. Such ordinance shall consider planned land use by the
property owner, may include reasonable fees for the administration and
enforcement of the ordinance and may provide for the appointment by the local
governing body of an administrator of the ordinance.

B. Any ordinance enacted pursuant to this authority may contain reasonable
provisions for the preservation and removal of heritage, specimen, memorial and
street trees. For the purpose of this section the following definitions shall
apply:
			&#8220;Arborist&#8221; or &#8220;urban forester&#8221; means a person trained
in arboriculture, forestry, landscape architecture, horticulture, or related
fields and experienced in the conservation and preservation of native and
ornamental trees.
			&#8220;Heritage tree&#8221; means any tree that has been individually
designated by the local governing body to have notable historic or cultural
interest.
			&#8220;Memorial tree&#8221; means any tree that has been individually
designated by the local governing body to be a special commemorating memorial.
			&#8220;Specimen tree&#8221; means any tree that has been individually
designated by the local governing body to be notable by virtue of its
outstanding size and quality for its particular species.
			&#8220;Street tree&#8221; means any tree that has been individually
designated by the local governing body 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 local government.
			The designation of such trees shall be by an arborist or urban forester and
shall be made by ordinance. The individual property owner of such trees shall be
notified prior to the hearing on the adoption of such ordinance by certified
mail.

C. The provisions of a tree conservation ordinance enacted pursuant to this
section shall not apply: (i) to work conducted on federal or state property;
(ii) to emergency work to protect life, limb or property; (iii) to routine
installation, maintenance and repair of cable and wires used to provide cable
television, electric, gas or telephone service; (iv) to activities with minor
effects on trees, including but not limited to, home gardening and landscaping
of individual homes; and (v) commercial silvicultural or horticultural
activities, including but not limited to planting, managing, or harvesting
forest or tree crops.

D. In the event that the application of any ordinance regulating the removal of
heritage, specimen, memorial or street trees results in any taking of private
property for a public purpose or use, the governing body shall compensate by fee
or other consideration the property owner for such taking and the ordinance
shall so state thereby notifying the owner of his right to seek such fee or
other compensation. The provisions of Chapter 2 (&#xA7; 25.1-200 et seq.) of
Title 25.1 shall apply to the taking of private property for a public purpose
pursuant to such local ordinance.

E. Violations of such local ordinance shall be punishable by civil penalties not
to exceed $2,500 for each violation.

F. Nothing in this section shall be construed to be in derogation of the
authority granted to any county, city or town by the provision of any charter or
other provision of law.

HISTORY: 1989, c. 678; 2003, c. 940.