Tree Conservation Ordinance

About the Program

Category: County Resiliency (Best in Category)

Year: 2009

Fairfax County’s new Tree Conservation Ordinance is the first ordinance in Virginia to focus on tree preservation. The intent of this ordinance was to increase the county’s ability to protect tree resources during land development processes. After a series of unsuccessful legislative attempts at the county and state levels, the county board sent two conservation bills to the Virginia Legislative Assembly. They eventually passed as a result of collaboration and partnering with the building industry. This was the first broad-based tree conservation legislation to pass the Commonwealth’s Legislative Assembly, marking a shift of focus from tree replacement to tree preservation. In response to their new authority from Virginia State Code 15.2-961.1, Fairfax County was able to develop its Tree Ordinance which was adopted in October 2008. The ordinance is administered by the Land Development Services of the Fairfax County Department of Public Works and Environmental Services. The Urban Forest Management Division and the Environmental and Site Review Division share the responsibilities of reviewing development plans to ensure conformity to tree conservation requirements. The ordinance ensures that prescribed levels of tree canopy are provided on development sites within a 10-year timeframe. This requirement is expected to be met, first and foremost, through tree-preservation. However, requirements can be met through reforestation when trees do not meet standards for health and suitability; where construction activities are likely to kill or severely injure trees; or when preservation would preclude the development of allowable uses. The ordinance also places an emphasis on the planting of native tree species for energy, conservation, wildlife habitat, water quality, and air quality purposes.