Virginia 2024 Regular Session

Virginia House Bill HB459

Introduced
1/8/24  
Refer
1/8/24  
Report Pass
1/19/24  
Engrossed
1/24/24  
Refer
1/29/24  
Report Pass
2/19/24  
Enrolled
2/27/24  
Chaptered
4/8/24  

Caption

Trees; conservation during land development process in certain localities.

Impact

The enactment of HB459 would necessitate a strategic shift in how local governments approach land development. By imposing specific canopy coverage percentages that vary based on zoning classifications, the bill ensures that developers incorporate environmental considerations into their planning processes. It mandates existing tree preservation and outlines procedures for site planning, with a focus on maintaining ecological integrity while allowing for development. The penalties for violating these ordinances align with those for zoning ordinance violations, underlining the seriousness of adherence to tree conservation regulations.

Summary

House Bill 459 aims to enhance tree conservation during the land development process in specific localities within nonattainment areas for air quality in Virginia. The bill allows localities to establish ordinances that mandate the preservation and replacement of trees, with requirements for maintaining a minimum percentage of tree canopy coverage over a 20-year period after development. This is considered an important step toward improving air quality and environmental sustainability in urban areas that are struggling with pollution levels. Localities are encouraged to prioritize the preservation of existing trees over new plantings wherever feasible.

Sentiment

Sentiments toward HB459 are generally supportive among environmental advocacy groups and urban planners, who see it as a progressive move toward sustainable development practices. However, concerns have been raised by some developers, who fear that the stringent requirements might complicate project planning and increase costs. The balance between environmental sustainability and economic feasibility will likely remain a point of discussion as the bill progresses through the legislative process.

Contention

Notable points of contention revolve around the potential restrictions that may be placed on developers, particularly in terms of the requirements for preserving or replacing trees. The localities' ability to set tree canopy coverage standards means that there could be significant variations in how the bill is implemented, leading to an uneven regulatory landscape across different regions. Some stakeholders argue that this could disproportionately affect development in areas where land is already at a premium and where developers are under pressure to maximize space.

Companion Bills

VA SB121

Similar To Trees; conservation during land development process in certain localities.

Previously Filed As

VA SB1467

Trees; Town of Vienna allowed to require subdivision/development provide for preservation, etc.

VA SB1480

Professional and Occupational Regulation, Department of; deregulation of certain professions.

VA SB654

Wetland and stream mitigation banks; location of site.

VA HB1804

Tidal wetland mitigation bank; credits.

VA SB1394

Cutting of grass and weeds on certain property; localities in Planning District 22.

VA HB2100

Accessory dwelling units; establishes authority & requirements for localities in development & use.

VA HB1710

Real property; additional tax on commercial and industrial property in certain localities.

VA HB2161

Local government; standardization of public notice requirements for certain intended actions.

VA SB1151

Local government; standardization of public notice requirement for certain intended actions, report.

VA SB956

Localities; authorized to create business improvement and recruitment districts.

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