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2022 SESSION

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SB 537 Trees; replacement and conservation during development process, powers of local government.

Introduced by: David W. Marsden | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Powers of local government; trees during development process; replacement and conservation. Prevents the prohibition or the unreasonable limitation of silvicultural activities related to the replacement of trees during the development process and the conservation of trees during the land development process in certain localities. The bill specifies provisions related to the replacement of trees during the development process in localities and allows that any locality may adopt an ordinance providing for the planting and replacement of trees during the development process. Further, the bill specifies provisions related to the conservation of trees during the development process in localities and allows that any locality may adopt an ordinance providing for the conservation of trees during the land development process. The bill directs specified stakeholders and parties to meet at least twice prior to the 2023 Session of the General Assembly to consider specified topics. The bill directs the participants to report their recommendations to the Chairmen of the House Committee on Counties, Cities and Towns and the Senate Committee on Agriculture, Conservation and Natural Resources by December 1, 2022. The provisions of the bill related to the conservation of trees during the development process do not become effective unless reenacted by the 2023 Session of the General Assembly.

SUMMARY AS PASSED SENATE:

Powers of local government; trees during development process; replacement and conservation. Creates a new section of the Code related to the replacement of trees during the development process in localities, by which any locality may adopt an ordinance subject to the provisions of the new section. The bill creates a new section of the Code related to conservation of trees during the development process in localities, by which any locality may adopt an ordinance subject to the provisions of the proposed section; the provisions of this section have a delayed effective date of January 1, 2023. The bill directs the State Forester to adopt standards to be used by localities in determining tree canopy percentages, as provided for in various sections of the bill, and to convene a stakeholder advisory group within 60 days of the effective date of this act, consisting of specified stakeholders and parties to make recommendations on such standards. The bill provides guidelines for the Stakeholder Advisory Group and its meetings, exemptions from the Administrative Process Act, and section-specific definitions for public comment and the Virginia Freedom of Information Act.

SUMMARY AS INTRODUCED:

Powers of local government; trees during development process; replacement and conservation. Expands to all localities provisions that currently only allow certain localities to adopt an ordinance providing for the planting and replacement of trees during the development process. The bill adds more flexibility for implementation and management of tree canopy banks, tree canopy credits, and tree canopy requirements. The bill changes and updates standards, reference documents, and published reference texts. The bill expands options for localities to disburse funds to charitable organizations. The bill adds percentage specifications for ordinances related to cemeteries. The bill removes the prohibition of invalidating local ordinances adopted before July 1, 1990, the allowance of 10-year minimum requirements for pre-1990 ordinances, and the inability to invalidate an ordinance adopted pursuant to the section relating to the replacement of trees during development process in certain localities. The bill provides guidelines for the Stakeholder Advisory Group, established by the bill to provide recommendations on the provisions of the bill, and its meetings; exemptions from the Administrative Process Act, section-specific definitions for public comment; and the Virginia Freedom of Information Act. The main provisions of the bill have a delayed enactment date of January 1, 2023; the remaining provisions are effective in due course.