Conservation Statute Amendment

1. Conservation Statute Amendment Arlington County Government Vincent Verweij, Urban Forest ManagerJuly 18, 2019

2. Overview • Two major tree conservation statutes • 15.2-961 – Replacement of trees during development – major components enacted 2003 • 15.2-961.1 – Conservation of trees during development – enacted 2008 • Both statutes require percentage tree canopy cover • Only one statute can be adopted by a locality • Replacement statute currently adopted by some jurisdictions throughout Virginia • Conservation statute only applies to PD8; adopted by Fairfax County • Proposal to amend conservation statute to address desires of a wide range of communities • Improves tree conservation and consistency across the State

3. Conservation Statutes • Conservation statute • Requires minimum tree canopy coverage through conservation of existing percentage of trees, and planting to make up the difference • Exceptions to conservation requirements require administrative process Replacement statute Requires minimum tree canopy coverage through preservation and/or planting

4. Recommendation Amend conservation statute to be more widely applicable: • Provide more flexibility to provide options on smaller lots to plant vs. conserve (suggest lots under 10,000 sq. ft.), to avoid frequent, time-intensive exception process, while still allowing for preservation on larger lots. • Expand application beyond Planning District 8  • Permit high density (>75 people/sq. mi.) jurisdictions to adopt, instead of tying to stormwater or ozone • Provide credits for maximizing tree preservation, over planting