Virginia HB 221: Tree conservation ordinance; Chesapeake Bay Preservation Act locality, designated trees.

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2021 SESSION

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20106787D 

HOUSE BILL NO. 221 

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

(Proposed by the House Committee on Agriculture, Chesapeake and 
Natural Resources 

on February 5, 2020) 

(Patron Prior to Substitute--Delegate Mugler) 

A BILL to amend and reenact � 10.1-1127.1 of the Code of 
Virginia, relating to tree conservation ordinance; Chesapeake Bay Preservation 
Act locality; designated trees. 

Be it enacted by the General Assembly of Virginia:

1. That � 10.1-1127.1 of the Code of Virginia is amended and 
reenacted as follows:

� 10.1-1127.1. Tree conservation ordinance; civil penalties.

A. The governing body of any county, city or town 
locality may adopt a tree conservation ordinance regulating the 
preservation and removal of heritage, specimen, memorial, and street 
trees, as defined under in 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. 
The governing body of any locality that is subject to the requirements of � 
15.2-2223.3 and has adopted strategies to combat projected relative sea-level 
rise and recurrent flooding may adopt an ordinance providing for the 
identification and preservation of flood mitigation trees, as defined in 
subsection B.

B. Any ordinance enacted pursuant to this authority 
section may contain reasonable provisions for the preservation and removal 
of heritage, specimen, memorial, flood mitigation, and street trees. For 
the purpose of this section the following definitions shall apply:

"Arborist" or "urban forester" 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.

"Flood mitigation tree" means any tree or 
grouping of trees designated by a locality through a strategy adopted pursuant 
to � 15.2-2223.3 related to relative sea-level rise and recurrent flooding.

"Heritage tree" means any tree that has been 
individually designated by the local governing body to have notable historic or 
cultural interest.

"Memorial tree" means any tree that has been 
individually designated by the local governing body to be a special commemorating 
memorial.

"Specimen tree" 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.

"Street tree" me