Virginia HB 549: Trees; conservation and replacement during development process in certain localities, report.

Bill Text

2026 SESSION

INTRODUCED

26102406D

HOUSE BILL NO. 549

Offered January 14, 2026

Prefiled January 13, 2026

A BILL to amend and reenact §§ 15.2-961 and 15.2-961.1 of the Code of Virginia, relating to conservation and replacement of trees during development process.

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Patrons—Hope, Seibold, Willett, Carr, Cole, N.T., Cousins, Hernandez, Keys-Gamarra and LeVere Bolling

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Referred to Committee on Counties, Cities and Towns

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Be it enacted by the General Assembly of Virginia:

1. That §§ 15.2-961 and 15.2 -961.1 of the Code of Virginia are amended and reenacted as follows:

§ 15.2-961. Replacement of trees during development process.

A. For purposes of this section, "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 years maturity. Planted canopy at 10 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.

B. 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.

B. C. The ordinance shall require that the site plan for any subdivision or development include the planting preservation or replacement of trees on the site to the extent that, at 20 10 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 more than 20 or more units per acre;

3. Fifteen percent tree canopy for a residential site zoned more than 10 eight but less not more than 20 units per acre; and

4. Twenty percent tree canopy for a residential site zoned 10 more than four but not more than eight units or less per acre.;

5. Twenty-five percent tree canopy for a residential site zoned more than two but not more than four units per acre; or

6. Thirty-five percent tree canopy for a residential site zoned two or fewer units per acre.

The tree canopy requirements for a mixed-use development shall be either the percentage applicable to the predominant use of the development as clearly delineated on its site plan or general development plan or the average of the percentage applicable to each use of the development, as provided in the ordinance adopted pursuant to this section. For the purposes of this subsection, "predominant use" means the use within the development that constitutes the largest percentage of gross land area or, in the case of a building with mixed uses, the largest percentage of the total floor area.

In meeting these percentages, (i) the ordinance shall first emphasize the preservation of existing tree canopy where that canopy meets local standards for health and structural condition, and where it is feasible to do so within the framework of design standards and densities allowed by the local zoning and other development ordinances and (ii) where it is not feasible in whole or in part to preserve existing canopy in the required percentages listed in this subsection, the ordinance shall second provide for the planting of new trees on the site to meet the required percentages.

For purposes of this subsection, the ordinance shall further require that any residential site plan proposing an increase in the number of units per acre through development or subdivision of existing units shall meet the tree canopy percentage applicable to the site in its pre-development state.

A locality shall consider establishing provisions to assess the health of the trees that are planted and preserved at five and 10 years.

However, the City of Williamsburg may require at 10 years the minimum tree canopies or covers set out above.

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 § 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 or granting tree cover credit in consideration of the locality deems essential for the preservation of existing tree cover or for preservation of trees of outstanding age, size, or physical characteristics.

E. Existing trees which are to be preserved may be included to meet all or part of the canopy requi