All Roll Calls
Yes: 363 • No: 258
Sponsored By: Patrick A. Hope (Democratic)
Became Law
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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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.
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.
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.
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.
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.
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.
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.
Patrick A. Hope
Democratic • House
There are no cosponsors for this bill.
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
Acts of Assembly Chapter text (CHAP0626)
Approved by Governor-Chapter 626 (effective 7/1/2026)
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 31, 2026
Signed by Speaker
Bill text as passed House and Senate (HB549ER)
Enrolled
Signed by President
Conference report agreed to by House (63-Y 34-N 0-A)
Conference report agreed to by Senate (22-Y 17-N 0-A)
Conference Report released
House Conferees: Hope, McClure, Tata
Conferees appointed by House
Senate acceded to request for second conference committee (22-Y 17-N 0-A)
Conference Report released
Conference report agreed to by House (63-Y 34-N 0-A)
Conference Report released
Senate Conferees: Salim, Srinivasan, Suetterlein
Second conferees appointed by Senate
House requested second conference committee
Conferees appointed by Senate
Senate Conferees: Salim, Srinivasan, Suetterlein
House Conferees: Hope, Helmer, Tata
Conferees appointed by House
House acceded to request
Chaptered
4/13/2026
Enrolled
3/30/2026
Conference Report
3/14/2026
Substitute
3/14/2026
Substitute
3/3/2026
Substitute
2/7/2026
Substitute
2/6/2026
Introduced
1/13/2026
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