VirginiaHB5492026 Regular SessionHouseWALLET

Trees; conservation and replacement during development process in certain localities, report.

Sponsored By: Patrick A. Hope (Democratic)

Became Law

Summary

Conservation and replacement of trees during development process; work group; report. Expands certain existing local government authority to plant or replace trees during the development process by expanding such authority statewide. The bill allows localities to establish higher tree canopy replacement percentages based on density per acre. The bill also alters the current process for granting exceptions to a local ordinance by modifying a provision that requires the granting of an exception when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the developer, and replacing it with a requirement that the locality concur with such a determination. The bill permits localities to monitor and assess the condition and coverage of tree canopies at development sites during a period of up to 20 years after the trees are planted. The bill also allows any town within Planning District 8 belonging to an eight-hour nonattainment area for air quality standards to require, by ordinance, that a subdivision or development provide for the preservation or replacement of trees on the development site such that the minimum tree canopy or cover 10 years after development is projected to meet specified coverage criteria. Under current law, the criteria apply to tree canopy coverage 20 years after development. Finally, the bill directs the Institute for Coastal Adaptation and Resilience to convene a work group to conduct a comprehensive review of the tree canopy laws and regulations and report the work group's findings and recommendations to the Chairs of the House Committee on Counties, Cities and Towns and Senate Committee on Local Government by November 1, 2026. This bill incorporates HB 995 and is identical to SB 589.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 0 benefits, 2 costs, 5 mixed.

Minimum tree canopy targets for development

The law sets canopy targets that must be met at tree maturity. Business, commercial, and industrial sites must reach 10% canopy. Housing sites must meet a density‑based target: 20 or more units per acre must reach 10%, and two or fewer units per acre must reach 30%. Middle‑density targets are 15%, 20%, or 25%, using brackets set in the locality’s adopted rule. In the City of Williamsburg, and in any town in Planning District 8 that chooses, these targets may have to be met 10 years after planting instead of 20. Williamsburg’s existing 10‑year tree cover rule remains in force.

Exceptions and off-site options for canopy

Local ordinances must allow exceptions for wetlands, active farmland, areas without suitable trees, or when strict rules cause unreasonable hardship. You can request a deviation with a certified letter explaining the minimum relief; the locality’s arborist and engineering staff review it. A locality may let you meet part of your requirement off‑site through a tree canopy bank or by paying into a canopy fund. Banked canopy must be protected forever and may need a five‑year management plan. Fees are based on the average cost of two‑inch nursery trees, and funds must be spent within five years.

Preserve trees first, earn extra credit

Local ordinances must try to preserve existing tree canopy first. The canopy on the site at plan submission becomes your minimum preservation target and must be shown in your plan. Keeping good existing trees can count toward your goal and may earn extra credit. Extra credits can be 1.25x, 1.5x, 2x, or up to 3x for certain preserved areas or special plantings, like native, low‑VOC, water‑quality, or energy‑saving trees. You cannot stack unlimited bonuses, and credits only count for trunks fully on the site. If preserved canopy later dies or is hazardous, you must remove it and replace the missing canopy.

Which localities can set tree rules

The law lets a locality with at least 75 people per square mile, or inside the Chesapeake Bay watershed, adopt tree planting or replacement rules during development. In Planning District 8, localities that were eight‑hour ozone nonattainment on July 1, 2008 may adopt tree conservation rules, but cannot also add the separate tree‑replacement rules. Local rules cannot be stricter than the state limits in this law. Older local ordinances adopted before July 1, 1990, and any already adopted under the earlier law, stay valid.

Enforcement and monitoring of tree rules

Breaking a local tree ordinance carries the same penalties as breaking zoning rules. The locality may monitor canopy condition from off your property for up to 20 years after planting. Expect normal zoning enforcement tools and fines if you do not comply.

Planting standards, species limits, and plans

To get credit, planted trees must meet nursery stock rules and be installed to accepted state and extension planting specs. Localities list approved species and set a 20‑year canopy credit for each tree. They can bar weak or damaging species, or give them only partial credit. Seedlings can be used in some big open or low‑density areas at about 400 per acre; up to 33% of the area can be native shrubs, and any one species is capped at 10%. Site plans must show predevelopment canopy, disturbance limits, protective fencing, a 20‑year canopy worksheet, and a planting schedule and map.

Exemptions for schools, cemeteries, and forestry

Bona fide forestry work, lakes, ponds, and the normal water area of stormwater basins are exempt from canopy rules. Dedicated school sites, playing fields, and similar active recreation areas do not have to meet the full planting rules; where allowed, they can meet a reduced 10% canopy 20 years after development. Cemetery sites must reach at least 10% canopy 20 years after planting.

Sponsors & Cosponsors

Sponsor

  • Patrick A. Hope

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 363 • No: 258

House vote 3/14/2026

Conference report agreed to by House

Yes: 63 • No: 34

Senate vote 3/14/2026

Senate acceded to request for second conference committee

Yes: 22 • No: 17

Senate vote 3/14/2026

Conference report agreed to by Senate

Yes: 22 • No: 17

House vote 3/14/2026

Conference report agreed to by House

Yes: 63 • No: 34

Senate vote 3/10/2026

Senate insisted on substitute Block Vote

Yes: 40 • No: 0

House vote 3/6/2026

Senate substitute rejected by House

Yes: 0 • No: 96

Senate vote 3/4/2026

Passed Senate with substitute

Yes: 24 • No: 16

Senate vote 3/4/2026

Local Government Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/2/2026

Reported from Local Government with substitute

Yes: 9 • No: 6

House vote 2/12/2026

Read third time and passed House

Yes: 64 • No: 34

House vote 2/6/2026

Reported from Counties, Cities and Towns with substitute

Yes: 16 • No: 4 • Other: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0626)

    4/13/2026Governor
  2. Approved by Governor-Chapter 626 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  4. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  5. Signed by Speaker

    3/31/2026House
  6. Bill text as passed House and Senate (HB549ER)

    3/30/2026House
  7. Enrolled

    3/30/2026House
  8. Signed by President

    3/30/2026Senate
  9. Conference report agreed to by House (63-Y 34-N 0-A)

    3/14/2026House
  10. Conference report agreed to by Senate (22-Y 17-N 0-A)

    3/14/2026Senate
  11. Conference Report released

    3/14/2026
  12. House Conferees: Hope, McClure, Tata

    3/14/2026House
  13. Conferees appointed by House

    3/14/2026House
  14. Senate acceded to request for second conference committee (22-Y 17-N 0-A)

    3/14/2026Senate
  15. Conference Report released

    3/14/2026
  16. Conference report agreed to by House (63-Y 34-N 0-A)

    3/14/2026House
  17. Conference Report released

    3/14/2026
  18. Senate Conferees: Salim, Srinivasan, Suetterlein

    3/14/2026Senate
  19. Second conferees appointed by Senate

    3/14/2026Senate
  20. House requested second conference committee

    3/14/2026House
  21. Conferees appointed by Senate

    3/12/2026Senate
  22. Senate Conferees: Salim, Srinivasan, Suetterlein

    3/12/2026Senate
  23. House Conferees: Hope, Helmer, Tata

    3/11/2026House
  24. Conferees appointed by House

    3/11/2026House
  25. House acceded to request

    3/11/2026House

Bill Text

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