Virginia 2022 Regular Session Status: Enacted

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

Last action — Approved by Governor-Chapter 620 (effective 7/1/22)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 12, 2022. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

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High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

What changed in the latest version

634 added · 607 removed

Plain-language change summary

The recent amendment to SB 537 changes how localities in Virginia handle tree replacement during development. Previously, localities in the Chesapeake Bay watershed were included in these regulations; now, the focus has shifted to any locality with a population density of at least 75 people per square mile. This adjustment matters because it broadens the applicability of tree conservation rules to more communities, ensuring that a larger number of areas will prioritize tree planting and maintain green spaces as they develop. Additionally, the amendments clearly outline the specific percentages of tree canopy that different types of developments must achieve, promoting consistent standards across various localities.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact §§ 15.2-961 and 15.2-961.1 of the Code of Virginia and to amend theN government;
VIRGINIA ACTS OF ASSEMBLY -- 2022 SESSION CHAPTER 620 An Act to amend and reenact §§ 15.2-961 and 15.2-961.1 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 15.2-961.3 and 15.2-961.4, relating to powers of local government;
replacement and conservation of trees during development process.ing to powers oR local O [S 537] L Approved L Be it enacted by the General Assembly of Virginia:
replacement and conservation of trees during development process.
E 1.
[S 537] Approved April 11, 2022 Be it enacted by the General Assembly of Virginia:
That §§ 15.2-961 and 15.2-961.1 of the Code of Virginia are amended and reenacted and that D follows:
1.
of Virginia is amended by adding sections numbered 15.2-961.3 and 15.2-961.4 as § 15.2-961.
That §§ 15.2-961 and 15.2-961.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 15.2-961.3 and 15.2-961.4 as follows:
§ 15.2-961.
Any locality with a population density of at least 75 persons per square mile or any locality within the Chesapeake Bay watershed may adopt an ordinance providing for the planting and replacement of trees during the development process pursuant to the provisions of this section.
Any locality with a population density of at least 75 persons per square mile or any locality replacement of trees during the development process pursuant to the provisions of this section.
B B.
B.
The ordinance shall require that the site plan for any subdivision or development include3the covers will be provided in areas to be designated in the ordinance, as follows:inimum tree canoEies or 1.
The ordinance shall require that the site plan for any subdivision or development include the planting or replacement of trees on the site to the extent that, at 20 years, minimum tree canopies or covers will be provided in areas to be designated in the ordinance, as follows:
1.
R 2.
2.
years, that a minimum 10 percent tree canopy will be provided on the site of any cemetery as defined in § 54.1-2310, notwithstanding any other provision of this section.
C.
The ordinance shall require that the site plan for any subdivision or development include, at 20 years, that a minimum 10 percent tree canopy will be provided on the site of any cemetery as defined in § 54.1-2310, notwithstanding any other provision of this section.
The ordinance shall provide for reasonable exceptions to or deviations from these requirements to materials, for the preservation of wetlands, or otherwise when the strict application of the requirements would result in unnecessary or unreasonable hardship to the developer.
The ordinance shall provide for reasonable exceptions to or deviations from these requirements to allow for the reasonable development of farm land or other areas devoid of healthy or suitable woody materials, for the preservation of wetlands, or otherwise when the strict application of the requirements would result in unnecessary or unreasonable hardship to the developer.
The ordinance may designate tree species that cannot be planted to meet minimum tree canopy cause damage to nearby structures and infrastructure, or (iii) possess inherent physiological traits that cause such trees to structurally fail.
The ordinance may designate tree species that cannot be planted to meet minimum tree canopy requirements due to tendencies of such species to (i) negatively impact native plant communities, (ii) cause damage to nearby structures and infrastructure, or (iii) possess inherent physiological traits that cause such trees to structurally fail.
Existing trees which are to be preserved may be included to meet all or part of the canopy requirements, and may include wooded preserves, if the site plan identifies such trees and the trees meet staH.
Existing trees which are to be preserved may be included to meet all or part of the canopy requirements, and may include wooded preserves, if the site plan identifies such trees and the trees meet standards of desirability and life-year expectancy which the locality may establish.
For purposes of this section:year expectancy which the locality may establish.
H.
"Tree canopy" or "tree cover" includes all areas of coverage by plant material exceeding five feet in of 11 height, and the extent of planted tree canopy at 10 or 20 years maturity.
For purposes of this section:
Planted canopy at 10 or 20 years maturity shall be based on published reference texts generally accepted by landscape architects, nurserymen, and arborists in the community, and the texts shall be specified in the ordinance.
"Tree canopy" or "tree cover" includes all areas of coverage by plant material exceeding five feet in height, and the extent of planted tree canopy at 10 or 20 years maturity.
Planted canopy at 10 or 20 years maturity shall be based on published reference texts generally accepted by landscape architects, of 10 nurserymen, and arborists in the community, and the texts shall be specified in the ordinance.
This includes activities that would cause direct physical damage to the trees, including root systems, or cause environmental changes that of 11 could result in or predispose the trees to structural and health problems.
This includes activities that would cause direct physical damage to the trees, including root systems, or cause environmental changes that could result in or predispose the trees to structural and health problems.
If, in the opinion of the developer, the project cannot meet the tree preservation target duE to the conditions described in subdivision 1, 2, or 3, the developer may request a deviation from the preservation requirement in subsection D.
If, in the opinion of the developer, the project cannot meet the tree preservation target due to the conditions described in subdivision 1, 2, or 3, the developer may request a deviation from the preservation requirement in subsection D.
In the request for deviation, the developer shall provide a letter to the locality that provides justification for the deviation, describes how the deviatiRn is the minimum necessary to afford relief, and describes how the requirements of subsection C will be met be reviewed by the locality's urban forester, arborist, or equivalent in consultation with the locality's land development or licensed professional civil engineering review staff.
In the request for deviation, the developer shall provide a letter to the locality that provides justification for the deviation, describes how the deviation is the of 10 minimum necessary to afford relief, and describes how the requirements of subsection C will be met through tree planting or a tree canopy bank or fund established by the locality.
Proposed deviations shall be reviewed by the locality's urban forester, arborist, or equivalent in consultation with the locality's land development or licensed professional civil engineering review staff.
Tree, Shrub, and OEher Woody Plant Maintenance –– Standard Practices, Management of Trees and Shrubs During Site Planning, Site Development, and Construction, Annex A, A-1.5, Cost Benefits Analysis (or the latest version of this standard).
Tree, Shrub, and Other Woody Plant Maintenance –– Standard Practices, Management of Trees and Shrubs During Site Planning, Site Development, and Construction, Annex A, A-1.5, Cost Benefits Analysis (or the latest version of this standard).
The developer shall consider the alternative and redesign the plan accordingly, or elect to satisfy the unmet portion of the preservation threshold through on-site tree planting or the locality with an explanation of why the alternative design recommendations were rejected.
The developer shall consider the alternative and redesign the plan accordingly, or elect to satisfy the unmet portion of the preservation threshold through on-site tree planting or through the off-site planting mechanisms identified in subsection G, so long as the developer provides the locality with an explanation of why the alternative design recommendations were rejected.
If arboricultural issues are part of explanation then the letter shall be signed by a Certified Arborist who has taken and passed the certification examination sponsored by the InteSnational Society of Arboriculture and who maintains a valid certification status or by a Registered Cons5lting Arborist as designated by the American Society of Consulting Arborists.
If arboricultural issues are part of explanation then the letter shall be signed by a Certified Arborist who has taken and passed the certification examination sponsored by the International Society of Arboriculture and who maintains a valid certification status or by a Registered Consulting Arborist as designated by the American Society of Consulting Arborists.
If arboricultural issue7 are the sole subject of the letter of explanation then certification by a licensed professional engineeR shall not be required.
If arboricultural issues are the sole subject of the letter of explanation then certification by a licensed professional engineer shall not be required.
The ordinance shall provide for deviations of the overall canopy requirements set forth in subsection C to allow for the preservation of wetlands, the development of farm land or other areas requirements would result in unnecessary or unreasonable hardship to the developer.cation of the G.
The ordinance shall provide for deviations of the overall canopy requirements set forth in subsection C to allow for the preservation of wetlands, the development of farm land or other areas previously devoid of healthy and/or suitable tree canopy, or where the strict application of the requirements would result in unnecessary or unreasonable hardship to the developer.
G.
The1.
The ordinance may utilize any of the following off-site canopy establishment mechanisms:
1.
A tree canopy fund may be established to act as a fiscal mechanism to collect, manage, and locality may use this fund directly to plant trees on public property, or the locality may elect to disburse this fund to community-based organizations exempt from taxation under § 501(c)(3) of the Internal Revenue Code with tree planting or community beautification missions for tree planting programs that benefit the community at large.
A tree canopy fund may be established to act as a fiscal mechanism to collect, manage, and disburse fees collected from developers that cannot provide full canopy requirements on-site.
The locality may use this fund directly to plant trees on public property, or the locality may elect to disburse this fund to community-based organizations exempt from taxation under § 501(c)(3) of the Internal Revenue Code with tree planting or community beautification missions for tree planting programs that benefit the community at large.
bona fide silvicultural activity as defined by § 10.1-1181.1 and the areas of sites included in modify the canopy requirements of dedicated school sites, playing fields, and other nonwooded activeshall recreation areas by allowing these and other facilities and uses of a similar nature to provide 10 percent of 11 tree canopy 20 years after development.
bona fide silvicultural activity as defined by § 10.1-1181.1 and the areas of sites included in lakes, ponds, and the normal water elevation area of stormwater retention facilities.
The ordinance shall modify the canopy requirements of dedicated school sites, playing fields, and other nonwooded active recreation areas by allowing these and other facilities and uses of a similar nature to provide 10 percent tree canopy 20 years after development.
The ordinance may provide canopy credits of up to one and one-half times the actual canopy area for the preservation of forest communities that achieve environmental, ecological, and wildlife conservation objectives set by the locality.
The ordinance may provide canopy credits of up to one and one-half times the actual canopy area of 10 for the preservation of forest communities that achieve environmental, ecological, and wildlife conservation objectives set by the locality.
The number of a single species may not of 11 exceed 10 percent of the overall number of trees or shrubs planted to meet the provisions of this subsection.
The number of a single species may not exceed 10 percent of the overall number of trees or shrubs planted to meet the provisions of this subsection.
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The site plan shall graphically delineate the edges of predevelopment tree canopy, the prRposed limits of disturbance on grading or erosion and sedimentation control plans, and the location of tree Handbook.e fencing or other tree protective devices allowed in the Virginia Erosion and SedimenO Control 2.
The site plan shall graphically delineate the edges of predevelopment tree canopy, the proposed limits of disturbance on grading or erosion and sedimentation control plans, and the location of tree protective fencing or other tree protective devices allowed in the Virginia Erosion and Sediment Control Handbook.
2.
The site plan shall include the 20-year tree canopy calculations on a worksheet provided by the locality.
The site plan shall include the 20-year tree canopy calculations on a worksheet provided by the of 10 locality.
E 4.
4.
The site plan will also provide a landscape plan that delP.
The site plan will also provide a landscape plan that delineates where the trees shall be planted.
P.
The amount of tree canopy area credited to individual tree species, varieties, and cultivars 20 years after they are planted sSall be based on references published or endorsed by Virginia academic institutions such as the Virginia Poly5echnic Institute and State University and accepted by urban foresters, arborists, and horticulturalist7 as being accurate for the growing conditions and climate of the locality.
The amount of tree canopy area credited to individual tree species, varieties, and cultivars 20 years after they are planted shall be based on references published or endorsed by Virginia academic institutions such as the Virginia Polytechnic Institute and State University and accepted by urban foresters, arborists, and horticulturalists as being accurate for the growing conditions and climate of the locality.
R Q.
Q.
Such removal provide habitat or other wildlife benefits and do not represent a hazardous condition.
Such removal standards may allow for the retention of trunk snags where the locality determines that these may provide habitat or other wildlife benefits and do not represent a hazardous condition.
In no event shall any local tree conservation ordinance adopted pursuant to this section exceed the § 15.2-961 prior to July 1, 1990, may adopt the tree conservation provisions of this section based on 10-year minimum tree canopy requirements.
In no event shall any local tree conservation ordinance adopted pursuant to this section exceed the requirements set forth herein;
however, any local ordinance adopted pursuant to the provisions of § 15.2-961 prior to July 1, 1990, may adopt the tree conservation provisions of this section based on 10-year minimum tree canopy requirements.
The ordinance shall require that the site plan for any subdivision or development include the covers will be provided in areas to be designated in the ordinance, as follows:inimum tree canopies or 1.
The ordinance shall require that the site plan for any subdivision or development include the planting or replacement of trees on the site to the extent that, at 20 years, minimum tree canopies or covers will be provided in areas to be designated in the ordinance, as follows:
1.
out in this subsection.
However, the City of Williamsburg may require at 10 years the minimum tree canopies or covers set out in this subsection.
Williamsburg may require at 10 years the minimum tree canopies or covers set C.
C.
The ordinance shall require that the site plan for any subdivision or development include, at 20 of 11 years, that a minimum 10 percent tree canopy will be provided on the site of any cemetery as defined in § 54.1-2310, notwithstanding any other provision of this section.
The ordinance shall require that the site plan for any subdivision or development include, at 20 years, that a minimum 10 percent tree canopy will be provided on the site of any cemetery as defined in § 54.1-2310, notwithstanding any other provision of this section.
If there is no bank within the locality of the development project with sufficient credits to meet the project's off-site needs, and with the approval of the locality where the development project is located, the unmet portion of a development's tree canopy requirement may be met by payment of an amount equal to no less than the development project's avoided costs for the unmet portion to the state treasury and credited to the Natural Resources Commitment Fund, pursuant to subsection A of § 10.1-2128.1.
If of 10 there is no bank within the locality of the development project with sufficient credits to meet the project's off-site needs, and with the approval of the locality where the development project is located, the unmet portion of a development's tree canopy requirement may be met by payment of an amount equal to no less than the development project's avoided costs for the unmet portion to the state treasury and credited to the Natural Resources Commitment Fund, pursuant to subsection A of § 10.1-2128.1.
The ordinance shall require that the site plan for any subdivision or development provide for the preservation or replacement of trees on the development site such that the minimum tree canopy or tree of 11 cover percentage 20 years after development is projected to be as follows:
The ordinance shall require that the site plan for any subdivision or development provide for the preservation or replacement of trees on the development site such that the minimum tree canopy or tree cover percentage 20 years after development is projected to be as follows:
E 2.
2.
R 4.
4.
Twenty percent tree canopy for a residential site zoned more than four but not more than eight uni5.
Twenty percent tree canopy for a residential site zoned more than four but not more than eight units per acre;
5.
L 6.
6.
For purposes of this subdivision, "predominant use" means tEe use within the development that constitutes the largest percentage of gross land area or, in the case of a building or buildings, the largest percentage of the total floor area;
For purposes of this subdivision, "predominant use" means the use within the development that constitutes the largest percentage of gross land area or, in the case of a building or buildings, the largest percentage of the total floor area;
and D 8.
and 8.
A locality may increase any of the tree canopy percentages applicable to a subdivision or development as established in subdivisions 1 through 6 by an amount not to exceed 10 percent of the locality grants to such subdivision or development either administrative approval of a mutually) the agreed-upon reduction of lot size requirements, setback requirements, yard requirements, or parking requirements or administrative approval of a mutually agreed-upon increase in density or (ii) 20 percent or more of the land area of the subdivision or development is within an enhanced tree canopy arSa.
A locality may increase any of the tree canopy percentages applicable to a subdivision or development as established in subdivisions 1 through 6 by an amount not to exceed 10 percent of the percentage authorized in each subdivision of this subsection if as provided in its ordinance (i) the of 10 locality grants to such subdivision or development either administrative approval of a mutually agreed-upon reduction of lot size requirements, setback requirements, yard requirements, or parking requirements or administrative approval of a mutually agreed-upon increase in density or (ii) 20 percent or more of the land area of the subdivision or development is within an enhanced tree canopy area.
However, if a locality increases the required canopies pursuant to clause (i) or (ii), it shall5specify in its ordinance the increased percentages applicable to each of the uses enumerated in subdivisions 17 through 6.
However, if a locality increases the required canopies pursuant to clause (i) or (ii), it shall specify in its ordinance the increased percentages applicable to each of the uses enumerated in subdivisions 1 through 6.
R In meeting these percentages, (a) the ordinance shall first emphasize the preservation of existing tree canopy where that canopy meets local standards for health and structural condition and where it is feasible to do so within the framework of design standards and densities allowed by the local zoning the justifications listed in subsection E to preserve existing canopy in the required percentages listed in this subsection, the ordinance shall provide for the planting of new trees to meet the required percentages.
In meeting these percentages, (a) the ordinance shall first emphasize the preservation of existing tree canopy where that canopy meets local standards for health and structural condition and where it is feasible to do so within the framework of design standards and densities allowed by the local zoning and other development ordinances and (b) second, where it is not feasible in whole or in part for any of the justifications listed in subsection E to preserve existing canopy in the required percentages listed in this subsection, the ordinance shall provide for the planting of new trees to meet the required percentages.
(ii) a wetland that is not determined by the Department of Environmental Quality to be an in a Federal Emergency Management Agency-designated 100-year floodplain;
(ii) a wetland that is not determined by the Department of Environmental Quality to be an isolated wetland of minimal ecological value as defined in subsection B of 9VAC25-210-10;
(iv) identified by the located Virginia Natural Heritage Program as a rare or state significant natural community;
(iii) located in a Federal Emergency Management Agency-designated 100-year floodplain;
(iv) identified by the Virginia Natural Heritage Program as a rare or state significant natural community;
Except as provided in subsection E, the percentage of the site covered by tree canopy at the time that shall be provided through tree preservation.
Except as provided in subsection E, the percentage of the site covered by tree canopy at the time of plan submission shall equate to the minimum portion of the requirements identified in subsection C that shall be provided through tree preservation.
This portion of the canopy requirements shall ben C identified as the "tree preservation target" and shall be included in site plan calculations or narratives demonstrating how the overall requirements of subsection C have been met.
This portion of the canopy requirements shall be identified as the "tree preservation target" and shall be included in site plan calculations or narratives demonstrating how the overall requirements of subsection C have been met.
An International Society of Arboriculture certified arborist, ASCA Registered Consulting Arborist, activities that cannot reasonably be avoided could be reasonably expected to impact existing trees to the extent that they would not likely survive in a healthy and structurally sound manner.
An International Society of Arboriculture certified arborist, ASCA Registered Consulting Arborist, or licensed landscape architect determines and demonstrates in writing to the locality why construction activities that cannot reasonably be avoided could be reasonably expected to impact existing trees to the extent that they would not likely survive in a healthy and structurally sound manner.
This includes of 11 activities that would cause direct physical damage to the trees, including root systems, or cause environmental changes that could result in or predispose the trees to structural and health problems.
This includes activities that would cause direct physical damage to the trees, including root systems, or cause environmental changes that could result in or predispose the trees to structural and health problems.
Proposed deviations shall be reviewed by the locality's employed or retained urban forester, International Society of Arboriculture certified arborist, ASCA Registered Consulting arborist, licensed landscape architect, or in consultation with the locality's land development or licensed professional civil engineering review staff, who may propose an alternative site design based upon adopted land development practices and sound vegetation management practices that take into account the relationship between the cost of conservation and the benefits of the trees to be preserved as described in ANSI A300 (Part 5) –– 2019 Management:
Proposed deviations shall be reviewed by the locality's employed or retained urban forester, International Society of Arboriculture certified arborist, ASCA Registered Consulting arborist, licensed landscape architect, or in consultation with the locality's land of 10 development or licensed professional civil engineering review staff, who may propose an alternative site design based upon adopted land development practices and sound vegetation management practices that take into account the relationship between the cost of conservation and the benefits of the trees to be preserved as described in ANSI A300 (Part 5) –– 2019 Management:
of 11 Any such bank shall be within the locality and located as closely as feasible to where the development project is situated.
Any such bank shall be within the locality and located as closely as feasible to where the development project is situated.
If there is no bank within the locality of the development project with suEficient credits to meet the project's off-site needs, and with the approval of the locality where the development project is located, the unmet portion of a development's tree canopy requirement may be met by N payment of an amount equal to no less than the development project's avoided costs for the unmeR portion to the state treasury and credited to the Natural Resources Commitment Fund, pursuant to to this subsection shall be distributed to the Virginia Agricultural Best Management PracticesaOt Cost-Share Program and applied to the implementation of riparian forested buffer best management practices.
If there is no bank within the locality of the development project with sufficient credits to meet the project's off-site needs, and with the approval of the locality where the development project is located, the unmet portion of a development's tree canopy requirement may be met by payment of an amount equal to no less than the development project's avoided costs for the unmet portion to the state treasury and credited to the Natural Resources Commitment Fund, pursuant to subsection A of § 10.1-2128.1.
Amounts credited to the Natural Resources Commitment Fund pursuant to this subsection shall be distributed to the Virginia Agricultural Best Management Practices Cost-Share Program and applied to the implementation of riparian forested buffer best management practices.
ThE locality may use this fund directly to plant and then maintain trees on public property, or the locality may elect to disburse this fund, for tree planting programs that benefit the community at large, to D community-based organizations exempt from taxation under § 501(c)(3) of the Internal Revenue Code that are focused on tree planting or community beautification or on advancing environmental goals, goals.
The locality may use this fund directly to plant and then maintain trees on public property, or the locality may elect to disburse this fund, for tree planting programs that benefit the community at large, to community-based organizations exempt from taxation under § 501(c)(3) of the Internal Revenue Code that are focused on tree planting or community beautification or on advancing environmental goals, such as pollution reduction, stormwater management, flood mitigation, urban heat reduction, and similar goals.
Any funds collected by localities for these purposes shall be spent within a five-year period established by the collection date by the locality or disbursed to a community-based organizatiSn for tree planting and subsequent maintenance provided for in this subsection, or the locality shall5return such funds to the original contributor or legal successor.
Any funds collected by localities for these purposes shall be spent within a five-year period established by the collection date by the locality or disbursed to a community-based organization for tree planting and subsequent maintenance provided for in this subsection, or the locality shall return such funds to the original contributor or legal successor.
7 H.
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The following uses shall be exempt from the requirements of any ordinance promulgated undRr this section:
The following uses shall be exempt from the requirements of any ordinance promulgated under this section:
The ordinance shall modify the canopy requirements of dedicated school sites, playing fields, and other nonwooded percent tree canopy 20 years after development.
The ordinance shall modify the canopy requirements of dedicated school sites, playing fields, and other nonwooded active recreation areas by allowing these and other facilities and uses of a similar nature to provide 10 percent tree canopy 20 years after development.
The ordinance shall require that the site plan for any 10 subdivision or development include, at 20 years, that a minimum 10 percent tree canopy will be provided on the site of any cemetery as defined in § 54.1-2310, notwithstanding any other provision of this section.
The ordinance shall require that the site plan for any subdivision or development include, at 20 years, that a minimum 10 percent tree canopy will be provided on the site of any cemetery as defined in § 54.1-2310, notwithstanding any other provision of this section.
The following additional credits may be provided in the ordinance in connection with tree prea.
The following additional credits may be provided in the ordinance in connection with tree preservation:
a.
Trees planted to absorb or intercept air pollutants, tree species that produce lower levels of emissions by conserving the energy used to cool and heat buildings.r pollution or greenhouse gas 2.
Trees planted to absorb or intercept air pollutants, tree species that produce lower levels of reactive volatile organic compounds, or trees that act to reduce air pollution or greenhouse gas emissions by conserving the energy used to cool and heat buildings.
2.
The use of cultivars or varieties that develop desirable growth and structural patterns, resist decay infestations, or exhibit high survival rates in harsh urban environments.
The use of cultivars or varieties that develop desirable growth and structural patterns, resist decay organisms and the development of cavities, show high levels of resistance to disease or insect infestations, or exhibit high survival rates in harsh urban environments.
to disease or insect 6.
6.
Trees planted as a best management practice (BMP) approved pursuant to the Stormwater of 11 Management Act (§ 62.1-44.15:24 et seq.) and Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq.).
Trees planted as a best management practice (BMP) approved pursuant to the Stormwater Management Act (§ 62.1-44.15:24 et seq.) and Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq.).
The locality may set standards for seedling mortality rates and replacement procedures if unacceptable rates of mortality occur.
The locality may set standards for seedling mortality rates and replacement of 10 procedures if unacceptable rates of mortality occur.
of 11 S.
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E T.
T.
Nothing in this section shall invalidate any local ordinance adopted pursuant to the provNsions of 2.
Nothing in this section shall invalidate any local ordinance adopted pursuant to the provisions of § 15.2-961 or 15.2-961.1.
That stakeholders representing at least one representative of each of the six sectors represented on the Collaborative Decision-Making Group that served during completion of the report requiredR by Chapters 89 and 90 of the Acts of Assembly of 2021, Special Session I, as well as certified O arborists, licensed landscape architects, and urban foresters employed by both the public and L and Southside regions of Virginia, and the State Forester shall meet at least twice prior to thewest 2023 Session of the General Assembly to consider (i) the provisions of § 15.2-961.4 of the Code of Virginia, as created by this act;
2.
(ii) whether additional allowances should be permitted for trEe planting and the use of in-lieu funds outside the locality where the development project occursD assistance could best be provided to all localities implementing the tree canopy ordinancesl provided by this act.
That stakeholders representing at least one representative of each of the six sectors represented on the Collaborative Decision-Making Group that served during completion of the report required by Chapters 89 and 90 of the Acts of Assembly of 2021, Special Session I, as well as certified arborists, licensed landscape architects, and urban foresters employed by both the public and private sectors and representatives of localities within Planning Districts 17 and 18, the Southwest and Southside regions of Virginia, and the State Forester shall meet at least twice prior to the Session of the General Assembly to consider (i) the provisions of § 15.2-961.4 of the Code of Virginia, as created by this act;
(ii) whether additional allowances should be permitted for tree planting and the use of in-lieu funds outside the locality where the development project occurs;
(iii) any changes warranted to address the needs of rural localities;
and (iv) how technical assistance could best be provided to all localities implementing the tree canopy ordinances provided by this act.
become effective unless reenacted by the 2023 Session of the General Assembly.this act, shall not S E R
3.
That the provisions of § 15.2-961.4 of the Code of Virginia, as created by this act, shall not become effective unless reenacted by the 2023 Session of the General Assembly.
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Action History

  1. Approved by Governor-Chapter 620 (effective 7/1/22)

  2. Impact statement from DPB (SB537ER)

  3. Governor's Action Deadline 11:59 p.m., April 11, 2022

  4. Enrolled Bill Communicated to Governor on March 22, 2022

  5. Signed by Speaker

  6. Signed by President

  7. Enrolled

  8. Title replaced 22107424D-H1

  9. House substitute agreed to by Senate (23-Y 17-N)

  10. VOTE: Passage (77-Y 18-N)

  11. Passed House with substitute (77-Y 18-N)

  12. Engrossed by House - committee substitute SB537H1

  13. Committee substitute agreed to 22107424D-H1

  14. Read third time

  15. Read second time

  16. Impact statement from DPB (SB537H1)

  17. Committee substitute printed 22107424D-H1

  18. Reported from Counties, Cities and Towns with substitute (18-Y 4-N)

  19. House committee, floor amendments and substitutes offered

  20. Subcommittee recommends reporting with substitute (7-Y 2-N)

  21. House subcommittee amendments and substitutes offered

  22. Assigned CC & T sub: Subcommittee #2

  23. Referred to Committee on Counties, Cities and Towns

  24. Read first time

  25. Placed on Calendar

  26. Impact statement from DPB (SB537S1)

  27. Read third time and passed Senate (24-Y 15-N)

  28. Passed by for the day

  29. Engrossed by Senate - committee substitute SB537S1

  30. Committee substitute agreed to 22105677D-S1

  31. Reading of substitute waived

  32. Read second time

  33. Constitutional reading dispensed (38-Y 0-N)

  34. Committee substitute printed 22105677D-S1

  35. Reported from Agriculture, Conservation and Natural Resources with substitite (10-Y 5-N)

  36. Senate committee, floor amendments and substitutes offered

  37. Impact statement from DPB (SB537)

  38. Referred to Committee on Agriculture, Conservation and Natural Resources

  39. Prefiled and ordered printed; offered 01/12/22 22102580D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on · 36 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

House substitute agreed to by Senate (23-Y 17-N)

Passed 23 Yea · 17 Nay
Party YeaNayPresentNot Voting
Unaffiliated 231700
Total 231700
% of votes cast 58%43%0%0%
How each member voted (40)
Member Party Vote
Spruill, Lionell, Sr. — Yea
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Chase, Amanda F. — Nay
Cosgrove, John A., Jr. — Nay
David R. Suetterlein — Nay
David W. Marsden — Yea
Dunnavant, Siobhan S. — Nay
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Nay
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Nay
Todd E. Pillion — Nay
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Nay

Official roll call →

VOTE: Passage (77-Y 18-N)

Passed 76 Yea · 18 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 761805
Total 761805
% of votes cast 77%18%0%5%
How each member voted (99)
Member Party Vote
Greenhalgh, Karen S. — Yea
March, Marie E. — Nay
Adams, Dawn M. — Yea
Adams, Les R. — Not Voting
Alfonso H. Lopez — Yea
Angelia Williams Graves — Yea
Anne Ferrell Tata — Yea
Avoli, G. "John" — Yea
Batten, Amanda E. — Nay
Bell, Robert B. — Nay
Betsy B. Carr — Yea
Bill Wiley — Yea
Bourne, Jeffrey M. — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Nay
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Nay
Charniele L. Herring — Yea
Chris S. Runion — Nay
Christopher T. Head — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Nay
Coyner, Carrie E. — Not Voting
Dan I. Helmer — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Don Scott — Yea
Edmunds, James E., II — Yea
Elizabeth B. Bennett-Parker — Yea
Emily M. Jordan — Nay
Fariss, C. Matthew — Not Voting
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Nay
Gooditis, Wendy W. — Yea
Guzman, Elizabeth R. — Yea
H. Otto Wachsmann, Jr. — Yea
Hudson, Sally L. — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Jenkins, Clinton L. — Yea
Jessica L. Anderson — Yea
Joseph P. McNamara — Nay
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Nay
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
McGuire, John J., III — Nay
Michael J. Webert — Nay
Mike A. Cherry — Yea
Mullin, Michael P. — Not Voting
Mundon King, Candi — Yea
Murphy, Kathleen — Yea
Nadarius E. Clark — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phillip A. Scott — Nay
Plum, Kenneth R. — Yea
R. Lee Ware — Nay
Ransone, Margaret B. — Nay
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rodney T. Willett — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Subramanyam, Suhas — Yea
Tara A. Durant — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Not Voting
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Nay
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wampler, William C., III — Yea
Wendell S. Walker — Yea
Wren M. Williams — Yea

Official roll call →

Reported from Counties, Cities and Towns with substitute (18-Y 4-N)

Passed 18 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18400
Total 18400
% of votes cast 82%18%0%0%
How each member voted (22)
Member Party Vote
March, Marie E. — Nay
Angelia Williams Graves — Yea
Avoli, G. "John" — Yea
Briana D. Sewell — Yea
Cordoza, A.C. — Nay
Danica A. Roem — Yea
Elizabeth B. Bennett-Parker — Yea
Gooditis, Wendy W. — Yea
H. Otto Wachsmann, Jr. — Yea
Irene Shin — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jenkins, Clinton L. — Yea
Joseph P. McNamara — Nay
Kory, Kaye — Yea
LaRock, Dave A. — Yea
M. Keith Hodges — Yea
Mike A. Cherry — Yea
Mullin, Michael P. — Yea
Phillip A. Scott — Nay
Scott A. Wyatt — Yea
Subramanyam, Suhas — Yea

Official roll call →

Subcommittee recommends reporting with substitute (7-Y 2-N)

Passed 7 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7201
Total 7201
% of votes cast 70%20%0%10%
How each member voted (10)
Member Party Vote
Angelia Williams Graves — Yea
Briana D. Sewell — Yea
Cordoza, A.C. — Yea
H. Otto Wachsmann, Jr. — Nay
Irene Shin — Yea
James W. Morefield — Yea
LaRock, Dave A. — Yea
M. Keith Hodges — Not Voting
Mullin, Michael P. — Yea
Scott A. Wyatt — Nay

Official roll call →

Read third time and passed Senate (24-Y 15-N)

Passed 24 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 241501
Total 241501
% of votes cast 60%38%0%3%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Chase, Amanda F. — Nay
Cosgrove, John A., Jr. — Nay
David R. Suetterlein — Not Voting
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Nay
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Nay
Todd E. Pillion — Nay
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Nay

Official roll call →

Constitutional reading dispensed (38-Y 0-N)

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 38002
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Not Voting
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Not Voting
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Agriculture, Conservation and Natural Resources with substitite (10-Y 5-N)

Passed 10 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10500
Total 10500
% of votes cast 67%33%0%0%
How each member voted (15)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Barbara A. Favola — Yea
David R. Suetterlein — Nay
David W. Marsden — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Lewis, Lynwood W., Jr. — Yea
Mark D. Obenshain — Nay
Mason, T. Montgomery "Monty" — Yea
Petersen, J. Chapman — Yea
Richard H. Stuart — Nay
Ruff, Frank M., Jr. — Yea
T. Travis Hackworth — Nay
William M. Stanley, Jr. — Nay

Official roll call →

Subjects

environment agriculture
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Frequently asked questions

What does SB 537 do?
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.
Who sponsors SB 537?
SB 537 is sponsored by David W. Marsden.
What is the current status of SB 537?
This bill has been enacted into law. Introduced January 12, 2022. Enacted.
Where can I track SB 537?
Track SB 537 free on One Click Politics — get push/email alerts when it moves.

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