VirginiaHB5492026 Regular SessionHouseWALLET

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

Sponsored By: Patrick A. Hope (Democratic)

Signed by Governor

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

6 provisions identified: 2 benefits, 0 costs, 4 mixed.

Forestry and recreation get tree-rule relief

Conservation ordinances must exempt genuine forestry activity, lakes, ponds, and stormwater retention areas within their normal water level. Local rules cannot prohibit or unreasonably limit forestry practices that follow the law's referenced requirements. Dedicated school sites, playing fields, and similar nonwooded recreation areas must be allowed a 10% tree-cover target after 20 years. Localities cannot require these recreation areas to exceed that baseline.

Tree credits ease developers' canopy requirements

Conservation ordinances must give qualifying preserved cover up to 1.25 times its area toward the tree-cover target. Localities may offer preservation credits up to 1.5 times for qualifying forest communities, 2 times for assessed conservation trees, and 3 times for locally protected trees. Qualifying air-pollution or energy-saving plantings, wildlife-supporting native trees, and regionally propagated native trees receive 1.5 times their projected cover. Water-quality plantings receive 1.25 times, and localities may offer 1.25 times for resilient tree varieties. A preserved tree or area gets at most one additional preservation credit; planted trees get at most two credit categories. Eligible trunks must be wholly on-site or within protected tree-bank areas. Developers must replace dead or removed preserved trees with nursery trees or viable native seedlings, using the same original supplementary multipliers.

Developers face preservation-first tree rules

Planning District 8 localities with the qualifying eight-hour ozone classification can adopt conservation rules without the former population-density test. That classification uses federal law as in effect July 1, 2008; localities cannot also impose the separate tree-replacement rules. The 20-year cover target is 10% for business, commercial, industrial, and residential sites with at least 20 homes per acre. Residential targets are 15% above 8 but below 20 homes per acre; 20% above 4 through 8; 25% above 2 through 4; and 30% at 2 or fewer. District towns may also require these targets after 10 years. Existing cover at plan submission sets the preservation target, and healthy trees must be saved where feasible before planting replacements. Developers can seek deviations for blocked allowed uses or densities, unhealthy trees, or likely construction damage. Requests must justify the smallest needed change, explain how remaining requirements will be met, and consider or explain rejecting local alternative designs. Justification needs a licensed engineer's certification and, for tree-health issues, an arborist's certification; tree-health-only requests do not need engineering certification.

Developers follow planting and plan standards

Conservation ordinances must list suitable, commercially available tree types and their expected cover credits after 20 years. Development plans must show cover calculations, preservation details, planting sizes, locations, species names, and cover totals. Plans claiming extra credits or changed requirements also need a written explanation; planting plans need a schedule and landscape plan. Native seedlings are allowed in large open spaces, low-density housing, and qualifying reforestation projects at 400 per acre or an approved low-impact-development density. Their planting area's size counts as the 20-year cover credit. Native shrubs or seed mix may occupy up to 33% of that area. No single species may exceed 10% of required trees or shrubs unless authorized. Localities may set seedling death and replacement standards, and planting specifications must follow recognized professional standards.

Developers get off-site options with fees

A Planning District 8 conservation ordinance must offer a tree bank or fund when on-site compliance is blocked. Grounds include space, root growth, utility conflicts, potential infrastructure damage, and specified development conflicts. Bank projects must meet on-site standards, stay within the same ozone nonattainment area, and protect credited tree cover permanently. Localities may require five-year management plans and money to carry them out. Funds collect developer fees for planting and care, using cost units based on average costs of two-inch-caliper nursery trees. The law sets no fee amount, and collected money must be spent within five years.

More local tree rules for development

Any Virginia locality can adopt development tree rules; the law removes earlier population and watershed limits. Where adopted, 20-year tree-cover targets are 10% for business, commercial, industrial, and residential sites with at least 20 homes per acre. Residential targets are 15% above 10 but below 20 homes per acre; 20% above 5 through 10; 25% above 2 through 5; and 30% at 2 or fewer. For approved density increases, localities may use the percentage based on the site's earlier density. Cemetery plans must provide at least 10% cover after 20 years, and localities cannot require more under these rules. Williamsburg may use 10-year targets, as may qualifying localities with tree ordinances adopted before July 1, 1990.

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

House vote • 3/14/2026

Conference report agreed to by House

Yes: 63 • No: 34

Senate vote • 3/14/2026

Conference report agreed to by Senate

Yes: 22 • No: 17

Senate vote • 3/14/2026

Senate acceded to request for second conference committee

Yes: 22 • No: 17

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

Local Government Substitute agreed to

Yes: 0 • No: 0

Senate vote • 3/4/2026

Passed Senate with substitute

Yes: 24 • No: 16

Senate vote • 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • 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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