VirginiaSB5892026 Regular SessionSenateWALLET

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

Sponsored By: Saddam Azlan Salim (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 is identical to HB 549.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 1 benefits, 1 costs, 4 mixed.

State work group reviews tree laws

The Institute for Coastal Adaptation and Resilience convenes a stakeholder work group to review Virginia’s tree canopy laws and guidance. The group studies policies, incentives, parity across localities, and cost‑effective ways to increase canopy. The Institute reports findings to legislative committee chairs by November 1, 2026.

Minimum tree canopy targets for development

Local rules set minimum tree canopy that sites must reach 20 years after build. Business, commercial, and industrial sites must reach 10%. Residential sites must reach 10% at very high density, then 15%, 20%, 25%, or 30% as density drops. Exact density cutoffs differ by ordinance type. Cemeteries must reach at least 10%. Dedicated school sites and playing fields may use 10% at 20 years. Areas of lakes, ponds, and the water area of stormwater basins are exempt. Williamsburg and some towns in Planning District 8 may require these targets at 10 years instead of 20.

Planning and enforcement of canopy rules

Your site plan must show pre‑development canopy edges, disturbance limits, and tree‑protection fencing. It must include 20‑year canopy calculations on the local worksheet and a planting and landscape schedule with species, sizes, and total canopy. The existing canopy percent at plan submission sets the minimum part you must preserve, unless you get a deviation. You may request a deviation with a justification letter; arborists and engineering reviewers check it, and arboricultural letters must be signed by a Certified or Registered Consulting Arborist. Localities can monitor sites for up to 20 years without entering property, and violations face the same penalties as zoning violations. Credited trees that die or become hazards can be required to be replaced, using the same credit rules. Canopy counts use the law’s definition: plants taller than five feet, with maturity measured at 10 or 20 years as the ordinance specifies.

Tree preservation and planting credits

You can earn extra canopy credit for preserved trees and forest stands, up to 1.25×, 1.5×, 2×, or 3× the area, based on what you preserve and the documentation. You can also get 1.25× or 1.5× credit for certain plantings, like native species, air‑quality or energy‑saving trees, and water‑quality plantings. Local rules list allowed species and set a 20‑year canopy value for each. Seedlings can be used in large open areas at about 400 per acre; shrubs or native seed mixes can cover up to 33% of that area, and no single species can exceed 10%. Credits cannot be stacked without limits, and trees must have trunks fully on the site to count. Planted trees must meet nursery standards and state‑approved planting specs, and localities may ban risky or harmful species.

Which localities can set tree rules

Localities with at least 75 people per square mile, or within the Chesapeake Bay watershed, may adopt tree rules for development. Population density uses University of Virginia Cooper Center estimates. Local rules under this law cannot be stricter than the state requirements. Pre‑1990 local ordinances, and Williamsburg’s 10‑year canopy rules, remain in force. In Planning District 8 localities that met the 2008 ozone nonattainment test, a conservation‑only ordinance is allowed and cannot also impose replacement rules. Legitimate forestry (silviculture) practices remain protected.

Off‑site tree bank or fund options

If you cannot meet canopy on your site, your locality may let you use a tree canopy bank or a tree canopy fund. Banking must preserve trees in perpetuity with an easement or deed restriction and occur in the same nonattainment area as the approving locality. A fund can collect fees based on the average cost of two‑inch caliper nursery trees and must spend collected money within five years. Localities must also allow reasonable exceptions for hardships, like farmland or wetlands.

Sponsors & Cosponsors

Sponsor

  • Saddam Azlan Salim

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 299 • No: 164

House vote 3/14/2026

Conference report agreed to by House

Yes: 64 • No: 33

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 2/23/2026

Senate acceded to request

Yes: 38 • No: 0

Senate vote 2/18/2026

House substitute rejected by Senate

Yes: 0 • No: 38

House vote 2/16/2026

Passed House with substitute

Yes: 64 • No: 34

House vote 2/13/2026

Reported from Counties, Cities and Towns with substitute

Yes: 16 • No: 5

Senate vote 1/29/2026

Read third time and passed Senate

Yes: 24 • No: 16

Senate vote 1/28/2026

Engrossed by Senate (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/27/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote 1/27/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/26/2026

Reported from Local Government

Yes: 10 • No: 4

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0511)

    4/8/2026Governor
  2. Approved by Governor-Chapter 511 (effective 7/1/2026)

    4/8/2026Governor
  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

    3/31/2026Senate
  5. Signed by Speaker

    3/31/2026House
  6. Bill text as passed Senate and House (SB589ER)

    3/30/2026Senate
  7. Enrolled

    3/30/2026Senate
  8. Signed by President

    3/30/2026Senate
  9. Conference report agreed to by Senate (22-Y 17-N 0-A)

    3/14/2026Senate
  10. Conference report agreed to by House (64-Y 33-N 0-A)

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

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

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

    3/14/2026House
  18. Conference Report released

    3/13/2026
  19. House Conferees: Hope, McClure, Tata

    2/24/2026House
  20. Conferees appointed by House

    2/24/2026House
  21. Senate acceded to request (38-Y 0-N 0-A)

    2/23/2026Senate
  22. Senate Conferees: Salim, Srinivasan, Suetterlein

    2/23/2026Senate
  23. Conferees appointed by Senate

    2/23/2026Senate
  24. House requested conference committee

    2/19/2026House
  25. House insisted on substitute

    2/19/2026House

Bill Text

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