VirginiaSB5892026 Regular SessionSenateWALLET

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

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

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Qualifying forestry practices protected from local limits

Local tree conservation rules cannot prohibit or unreasonably limit forestry practices that comply with the law's referenced forestry requirements. This protection covers only those qualifying practices.

More Virginia localities can require development trees

Any Virginia locality can adopt tree planting and replacement rules for development. The former limits—75 people per square mile or location within the Chesapeake Bay watershed—no longer apply. Requirements apply only where a locality adopts an ordinance. Site plans must meet minimum tree canopy, meaning the area covered by trees, measured 20 years after development. Business, commercial, industrial, and residential sites zoned for at least 20 units per acre need 10%. Residential sites need 15% for more than 10 but fewer than 20 units per acre. They need 20% for more than 5 but no more than 10 units per acre. They need 25% for more than 2 but no more than 5 units per acre. They need 30% for 2 or fewer units per acre. Williamsburg can require these targets at 10 years. When approving more units per acre through development or subdivision of existing units, localities can keep the predevelopment canopy percentage.

Special tree conservation options for qualifying localities

Qualifying localities in Planning District 8 can adopt a separate tree conservation ordinance. They must meet the referenced population-density test and the federal eight-hour ozone nonattainment classification as of July 1, 2008. That ordinance cannot also impose the law's separate tree replacement requirements. Localities with tree conservation provisions adopted before July 1, 1990, can adopt conservation provisions using 10-year minimum canopy requirements. These options do not require local adoption.

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

Senate vote • 3/14/2026

Senate acceded to request for second conference committee

Yes: 22 • No: 17

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 • 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

Passed by for the day Block Vote (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 • 1/26/2026

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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