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2020 SESSION
20106787DBe it enacted by the General Assembly of Virginia:
1. That § 10.1-1127.1 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-1127.1. Tree conservation ordinance; civil penalties.
A. The governing body of any county, city or town
locality may adopt a tree conservation ordinance regulating the
preservation and removal of heritage, specimen, memorial, and street
trees, as defined under in subsection B of this section,
when such preservation and removal are not commercial silvicultural or
horticultural activities, including but not limited to planting,
managing, or harvesting forest or tree crops. Such ordinance shall consider
planned land use by the property owner, may include reasonable fees for the
administration and enforcement of the ordinance, and may provide for the
appointment by the local governing body of an administrator of the ordinance.
The governing body of any locality that is subject to the requirements of §
15.2-2223.3 and has adopted strategies to combat projected relative sea-level
rise and recurrent flooding may adopt an ordinance providing for the
identification and preservation of flood mitigation trees, as defined in
subsection B.
B. Any ordinance enacted pursuant to this authority
section may contain reasonable provisions for the preservation and removal
of heritage, specimen, memorial, flood mitigation, and street trees. For
the purpose of this section the following definitions shall apply:
"Arborist" or "urban forester" means a person trained in arboriculture, forestry, landscape architecture, horticulture, or related fields and experienced in the conservation and preservation of native and ornamental trees.
"Flood mitigation tree" means any tree or grouping of trees designated by a locality through a strategy adopted pursuant to § 15.2-2223.3 related to relative sea-level rise and recurrent flooding.
"Heritage tree" means any tree that has been individually designated by the local governing body to have notable historic or cultural interest.
"Memorial tree" means any tree that has been individually designated by the local governing body to be a special commemorating memorial.
"Specimen tree" means any tree that has been individually designated by the local governing body to be notable by virtue of its outstanding size and quality for its particular species.
"Street tree" means any tree that has been individually designated by the local governing body and which grows in the street right-of-way or on private property as authorized by the owner and placed or planted there by the local government.
The designation of such trees shall be by a locality through a strategy adopted pursuant to § 15.2-2223.3, an arborist, or an urban forester and shall be made by ordinance. The individual property owner of such trees shall be notified prior to the hearing on the adoption of such ordinance by certified mail.
C. The provisions of a tree conservation ordinance enacted
pursuant to this section shall not apply: (i) to work conducted on
federal or state property; (ii) to emergency work to protect life, limb or
property; (iii) to routine installation, maintenance, and repair of cable
and wires used to provide cable television, electric, gas, or telephone
service; (iv) to activities with minor effects on trees, including but not
limited to, home gardening and landscaping of individual homes; and
or (v) to commercial silvicultural or horticultural activities,
including but not limited to planting, managing, or harvesting forest or
tree crops.
D. In the event that the application of any ordinance regulating the removal of heritage, specimen, memorial, flood mitigation, or street trees results in any taking of private property for a public purpose or use, the governing body shall compensate by fee or other consideration the property owner for such taking and the ordinance shall so state, thereby notifying the owner of his right to seek such fee or other compensation. The provisions of Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 shall apply to the taking of private property for a public purpose pursuant to such local ordinance.
E. Violations of such local ordinance shall be punishable by civil penalties not to exceed $2,500 for each violation.
F. Nothing in this section shall be construed to be in
derogation of the authority granted to any county, city or town
locality by the provision of any charter or other provision of law.