§ 10.1-1127.1. Tree conservation ordinance; civil penalties.
A. The governing body of any county, city or town may adopt a treeconservation ordinance regulating the preservation and removal of heritage,specimen, memorial and street trees, as defined under subsection B of thissection, when such preservation and removal are not commercial silviculturalor horticultural activities, including but not limited to planting, managing,or harvesting forest or tree crops. Such ordinance shall consider plannedland use by the property owner, may include reasonable fees for theadministration and enforcement of the ordinance and may provide for theappointment by the local governing body of an administrator of the ordinance.
B. Any ordinance enacted pursuant to this authority may contain reasonableprovisions for the preservation and removal of heritage, specimen, memorialand street trees. For the purpose of this section the following definitionsshall apply:
"Arborist" or "urban forester" means a person trained in arboriculture,forestry, landscape architecture, horticulture, or related fields andexperienced in the conservation and preservation of native and ornamentaltrees.
"Heritage tree" means any tree that has been individually designated by thelocal governing body to have notable historic or cultural interest.
"Memorial tree" means any tree that has been individually designated by thelocal governing body to be a special commemorating memorial.
"Specimen tree" means any tree that has been individually designated by thelocal governing body to be notable by virtue of its outstanding size andquality for its particular species.
"Street tree" means any tree that has been individually designated by thelocal governing body and which grows in the street right-of-way or on privateproperty as authorized by the owner and placed or planted there by the localgovernment.
The designation of such trees shall be by an arborist or urban forester andshall be made by ordinance. The individual property owner of such trees shallbe notified prior to the hearing on the adoption of such ordinance bycertified mail.
C. The provisions of a tree conservation ordinance enacted pursuant to thissection shall not apply: (i) to work conducted on federal or state property;(ii) to emergency work to protect life, limb or property; (iii) to routineinstallation, maintenance and repair of cable and wires used to provide cabletelevision, electric, gas or telephone service; (iv) to activities with minoreffects on trees, including but not limited to, home gardening andlandscaping of individual homes; and (v) commercial silvicultural orhorticultural activities, including but not limited to planting, managing, orharvesting forest or tree crops.
D. In the event that the application of any ordinance regulating the removalof heritage, specimen, memorial or street trees results in any taking ofprivate property for a public purpose or use, the governing body shallcompensate by fee or other consideration the property owner for such takingand the ordinance shall so state thereby notifying the owner of his right toseek such fee or other compensation. The provisions of Chapter 2 (§ 25.1-200et seq.) of Title 25.1 shall apply to the taking of private property for apublic purpose pursuant to such local ordinance.
E. Violations of such local ordinance shall be punishable by civil penaltiesnot to exceed $2,500 for each violation.
F. Nothing in this section shall be construed to be in derogation of theauthority granted to any county, city or town by the provision of any charteror other provision of law.
§ 10.1-1127.1. Tree conservation ordinance; civil penalties.
A. The governing body of any county, city or town may adopt a treeconservation ordinance regulating the preservation and removal of heritage,specimen, memorial and street trees, as defined under subsection B of thissection, when such preservation and removal are not commercial silviculturalor horticultural activities, including but not limited to planting, managing,or harvesting forest or tree crops. Such ordinance shall consider plannedland use by the property owner, may include reasonable fees for theadministration and enforcement of the ordinance and may provide for theappointment by the local governing body of an administrator of the ordinance.
B. Any ordinance enacted pursuant to this authority may contain reasonableprovisions for the preservation and removal of heritage, specimen, memorialand street trees. For the purpose of this section the following definitionsshall apply:
"Arborist" or "urban forester" means a person trained in arboriculture,forestry, landscape architecture, horticulture, or related fields andexperienced in the conservation and preservation of native and ornamentaltrees.
"Heritage tree" means any tree that has been individually designated by thelocal governing body to have notable historic or cultural interest.
"Memorial tree" means any tree that has been individually designated by thelocal governing body to be a special commemorating memorial.
"Specimen tree" means any tree that has been individually designated by thelocal governing body to be notable by virtue of its outstanding size andquality for its particular species.
"Street tree" means any tree that has been individually designated by thelocal governing body and which grows in the street right-of-way or on privateproperty as authorized by the owner and placed or planted there by the localgovernment.
The designation of such trees shall be by an arborist or urban forester andshall be made by ordinance. The individual property owner of such trees shallbe notified prior to the hearing on the adoption of such ordinance bycertified mail.
C. The provisions of a tree conservation ordinance enacted pursuant to thissection shall not apply: (i) to work conducted on federal or state property;(ii) to emergency work to protect life, limb or property; (iii) to routineinstallation, maintenance and repair of cable and wires used to provide cabletelevision, electric, gas or telephone service; (iv) to activities with minoreffects on trees, including but not limited to, home gardening andlandscaping of individual homes; and (v) commercial silvicultural orhorticultural activities, including but not limited to planting, managing, orharvesting forest or tree crops.
D. In the event that the application of any ordinance regulating the removalof heritage, specimen, memorial or street trees results in any taking ofprivate property for a public purpose or use, the governing body shallcompensate by fee or other consideration the property owner for such takingand the ordinance shall so state thereby notifying the owner of his right toseek such fee or other compensation. The provisions of Chapter 2 (§ 25.1-200et seq.) of Title 25.1 shall apply to the taking of private property for apublic purpose pursuant to such local ordinance.
E. Violations of such local ordinance shall be punishable by civil penaltiesnot to exceed $2,500 for each violation.
F. Nothing in this section shall be construed to be in derogation of theauthority granted to any county, city or town by the provision of any charteror other provision of law.
§ 10.1-1127.1. Tree conservation ordinance; civil penalties.
A. The governing body of any county, city or town may adopt a treeconservation ordinance regulating the preservation and removal of heritage,specimen, memorial and street trees, as defined under subsection B of thissection, when such preservation and removal are not commercial silviculturalor horticultural activities, including but not limited to planting, managing,or harvesting forest or tree crops. Such ordinance shall consider plannedland use by the property owner, may include reasonable fees for theadministration and enforcement of the ordinance and may provide for theappointment by the local governing body of an administrator of the ordinance.
B. Any ordinance enacted pursuant to this authority may contain reasonableprovisions for the preservation and removal of heritage, specimen, memorialand street trees. For the purpose of this section the following definitionsshall apply:
"Arborist" or "urban forester" means a person trained in arboriculture,forestry, landscape architecture, horticulture, or related fields andexperienced in the conservation and preservation of native and ornamentaltrees.
"Heritage tree" means any tree that has been individually designated by thelocal governing body to have notable historic or cultural interest.
"Memorial tree" means any tree that has been individually designated by thelocal governing body to be a special commemorating memorial.
"Specimen tree" means any tree that has been individually designated by thelocal governing body to be notable by virtue of its outstanding size andquality for its particular species.
"Street tree" means any tree that has been individually designated by thelocal governing body and which grows in the street right-of-way or on privateproperty as authorized by the owner and placed or planted there by the localgovernment.
The designation of such trees shall be by an arborist or urban forester andshall be made by ordinance. The individual property owner of such trees shallbe notified prior to the hearing on the adoption of such ordinance bycertified mail.
C. The provisions of a tree conservation ordinance enacted pursuant to thissection shall not apply: (i) to work conducted on federal or state property;(ii) to emergency work to protect life, limb or property; (iii) to routineinstallation, maintenance and repair of cable and wires used to provide cabletelevision, electric, gas or telephone service; (iv) to activities with minoreffects on trees, including but not limited to, home gardening andlandscaping of individual homes; and (v) commercial silvicultural orhorticultural activities, including but not limited to planting, managing, orharvesting forest or tree crops.
D. In the event that the application of any ordinance regulating the removalof heritage, specimen, memorial or street trees results in any taking ofprivate property for a public purpose or use, the governing body shallcompensate by fee or other consideration the property owner for such takingand the ordinance shall so state thereby notifying the owner of his right toseek such fee or other compensation. The provisions of Chapter 2 (§ 25.1-200et seq.) of Title 25.1 shall apply to the taking of private property for apublic purpose pursuant to such local ordinance.
E. Violations of such local ordinance shall be punishable by civil penaltiesnot to exceed $2,500 for each violation.
F. Nothing in this section shall be construed to be in derogation of theauthority granted to any county, city or town by the provision of any charteror other provision of law.
