HB 549 Virginia House of Delegates · 2026 Regular Session

Trees; conservation and replacement during development process in certain localities, report.

Summary
Conservation and replacement of trees during development process; work group; report. Expands certain existing local government authority to plant or replace trees during the development process by expanding such authority statewide. The bill allows localities to establish higher tree canopy replacement percentages based on density per acre. The bill also alters the current process for granting exceptions to a local ordinance by modifying a provision that requires the granting of an exception when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the developer, and replacing it with a requirement that the locality concur with such a determination. The bill permits localities to monitor and assess the condition and coverage of tree canopies at development sites during a period of up to 20 years after the trees are planted. The bill also allows any town within Planning District 8 belonging to an eight-hour nonattainment area for air quality standards to require, by ordinance, that a subdivision or development provide for the preservation or replacement of trees on the development site such that the minimum tree canopy or cover 10 years after development is projected to meet specified coverage criteria. Under current law, the criteria apply to tree canopy coverage 20 years after development. Finally, the bill directs the Institute for Coastal Adaptation and Resilience to convene a work group to conduct a comprehensive review of the tree canopy laws and regulations and report the work group's findings and recommendations to the Chairs of the House Committee on Counties, Cities and Towns and Senate Committee on Local Government by November 1, 2026. This bill incorporates HB 995 and is identical to SB 589.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House of Delegates Passage
Mar 2026
Senate Passage
Mar 2026
Signed into Law
Apr 2026
Introduced Jan 13, 2026 Signed Apr 13, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

Local Government Substitute Chaptered · 6 edits
MODERATE
The bill transitioned from a Senate substitute version to an officially enacted chapter, significantly broadening the law's applicability and simplifying its requirements. The primary changes include expanding eligibility to all localities with a population density of at least 75 people per square mile (previously limited to specific Planning District 8 areas), removing complex deviation and credit procedures, and clarifying the timeline for tree maturity.
Scope change
The bill's scope expanded from applying only to localities within Planning District 8 that are classified as nonattainment areas for air quality to applying to any locality in Virginia with a population density of at least 75 persons per square mile or any locality within the Chesapeake Bay watershed.
ELIGIBILITY

Expanded eligibility from specific air-quality-designated areas to any locality with a population density of 75+ people per square mile or within the Chesapeake Bay watershed.

REQUIREMENT

Simplified the tree canopy requirements by removing the complex tiered system for deviations, credits, and specific planting schedules, replacing them with a single requirement for a minimum 10% canopy at 20 years.

Added a specific mandate requiring a minimum 10% tree canopy for all cemeteries.

DEFINITION

Changed the maturity timeline for planted trees from a fixed 20 years to a flexible range of 10 or 20 years, depending on local ordinance specifications.

TECHNICAL

Removed detailed provisions regarding specific credit multipliers, arborist certification requirements for deviations, and complex banking mechanisms.

TIMELINE

Updated the reference date for prior ordinances from July 1, 1990, to reflect the current session's enactment date of April 13, 2026.

Floor votes · Senate Mar 3, 2026 · House of Delegates Feb 12, 2026

How they voted

390
Passed
Total votes 39
Mar 3, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
48
Key actions
14
Committee
12
Apr 13, 2026
Signed into law
Approved by Governor-Chapter 626 (effective 7/1/2026)
executive
Mar 31, 2026
Lower · Passed
Signed by Speaker
lower
Mar 30, 2026
Upper · Passed
Signed by President
upper
Mar 30, 2026
Lower · Passed
Bill text as passed House and Senate (HB549ER)
lower
Mar 14, 2026
Upper · Passed
Conference report agreed to by Senate (22-Y 17-N 0-A)
upper
Mar 14, 2026
Upper · Passed
Senate acceded to request for second conference committee (22-Y 17-N 0-A)
upper
Mar 14, 2026
Committee
House requested second conference committee
lower
Mar 14, 2026
Lower · Passed
Conference report agreed to by House (63-Y 34-N 0-A)
lower
Mar 14, 2026
Legislature · Passed
Conference Report released
legislature
Mar 10, 2026
Committee
Senate requested conference committee
upper
Mar 4, 2026
Upper · Passed
Passed Senate with substitute (24-Y 16-N 0-A)
upper
Mar 3, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Mar 2, 2026
Upper · Passed
Reported from Local Government with substitute (9-Y 6-N)
upper
Feb 13, 2026
Committee
Referred to Committee on Local Government
upper
Feb 12, 2026
Lower · Passed
Read third time and passed House (64-Y 34-N 0-A)
lower
Feb 6, 2026
Lower · Passed
Reported from Counties, Cities and Towns with substitute (16-Y 4-N 1-A)
lower
Feb 6, 2026
Lower · Passed
House committee offered
lower
Jan 28, 2026
Committee
Assigned HCCT sub: Subcommittee #3
lower
Jan 13, 2026
Committee
Referred to Committee on Counties, Cities and Towns
lower
1 primary · 8 co-sponsors

Sponsors