Virginia State Codes
and Enabling Legislation Related to Urban Forestry
Dillon Rule
Local governments are not mentioned in the United States
Constitution. In the Commonwealth of Virginia, local governments are
subordinates of the Commonwealth. The local government powers to govern are
granted to them through charters, specific laws or statutes. The Dillon Rule, a
construct of John Forest Dillon in 1873, views localities as
”tenants at will”
of the state legislature. The localities must
look to the state for any and all privileges and authority.
Conservation of Heritage, Specimen, Memorial and Street Trees
Allows jurisdictions to require the preservation and removal of
heritage, specimen, memorial, and street trees. Has a restricted range of
application, and contains a taking and compensation clause.
VA. Code 10.1 – 1127
Replacement Of Trees During Development Process
Applicable to population
densities of seventy-five persons per square mile and greater. Enables
jurisdictions to require specified percentages (10-20%) of tree canopy. As an
option, and with appropriate design, existing trees and forest cover can be used
to meet the required percentages.
VA. Code 15.2 – 961
*
Expanded- Replacement of Trees During Development to Address Air Quality
Conservation of trees during land development in localities
belonging to non-attainment area for air quality standards. Expands the current
Code to include addressing certain percentages of tree canopy through a variety
of means, including a requirement to preserve existing trees and forest canopy.
Emphasis on addressing air quality.
VA. Code 15.2- 961.1
Conservation of Open Space for Cluster Development
Conservation of open space, which may include
trees and forest canopy through cluster development. Applicable to by-right
development of subdivisions. VA.
Code 15.2-2286.1
Permits to Prune and Trim Trees in or Adjacent to Highways and
Rights-of-Ways
Required permits and standards for trimming and pruning trees in
order to conserve them. VA. Code
33.1-371.1 and .2
Chesapeake Bay Preservation Act, Area Designation and Management
Regulations
Water quality is primary focus. Requires the conservation of
trees and forest buffers which help to maintain water quality. An element dealt
with in the land development processes.
VA. Code 10.1-2100
Erosion and Sediment Control.
Useful and critical in the regulations that
control runoff and sediment movement. It is helpful for protecting trees and
vegetation in the land development processes.
VA. Code 10.1 – 562
Listing of Rare, Threatened and Endangered Plant and Animal
Species
Regulates monitoring and protection of certain species of
concern. Includes certain tree and plant species.
VA. Code 3.1 – 1025
Establishment of a State Natural Heritage Program
Supports the inventory, protection and acquisition of
ecologically significant environmental resources and areas. Can include certain
forested and vegetated ecosystems and habitat.
VA. Code 10.1-212
Virginia Land Conservation Fund and Conservation Easements
Establishes the Foundation,
management holding and acquisition of various lands for conservation purposes,
including easements. Can include the protection conservation of trees and
forests. VA. Code 10.1 – 1020
Silvicultural Practices, Local Government Authority Limited
Establishes how silviculture regarding forestry activities may
occur. Clarifies limits of local governments with these activities.
VA. Code 10.1 – 1126.1
Wetlands and riparian buffers
Explains and identifies these resources. Details taxation of
these lands for local governments. Helpful for resource protection.
VA. Code 58.1 – 3666
Impacts to Wetlands
Presents permitting requirements that apply when wetlands are
impacted. Helpful for resource protection.
VA. Code 62.1 – 44.15:21
Control of Certain Noxious Weeds, Authority to Stop Sale and
Acts to Declare Certain Plants as Noxious
Identifies authority to control and regulate some noxious weeds.
Grants localities some power to address management and removal of noxious weeds.
Declares certain species as noxious. Helpful for the conservation of trees,
forests and habitats.
VA. Code 15.2-902, VA. Codes 3.1-296.11, .12, .16, .17, and .21
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