Environment (Conservation)

Land preservation tax credit; maximum amount increase. Increases from $75 million to $100 million, beginning in calendar year 2026, the maximum amount of land preservation tax credits that may be issued in a calendar year.

Certain boundary line adjustments; Chesapeake Bay Preservation Act. Requires a locality to provide, by ordinance, that a boundary line adjustment that applies to lots that are located in a Resource Protection Area and that are grandfathered under the Chesapeake Bay Preservation Act does not create a new lot of record. The bill requires such ordinance to include that such boundary line adjustment shall be considered as a lot that predates the Act. The bill clarifies that its provisions do not limit a locality's zoning authority. The bill also directs the State Water Control Board to amend its criteria under the Act to allow an owner of a lot in any locality that predates the Act to submit an application for a boundary line adjustment without creating a new lot of record.

Department of Environmental Quality; Chesapeake Bay Watershed Nutrient Credit Exchange Program; certain industrial stormwater permits; nutrient credits. Provides that for the purposes of the industrial stormwater general permit nutrient reduction compliance for calendar years 2025 and 2026, the term “nutrient credit” shall include nutrient credits generated by point sources in accordance with the Chesapeake Bay Watershed Nutrient Credit Exchange Program, subject to certain conditions. The bill requires the Department of Environmental Quality to (i) prioritize timely and appropriate enforcement actions in the case of any industrial stormwater permittee that fails to comply for calendar years 2025 and 2026 by achieving sufficient onsite nutrient reductions or acquiring sufficient point or nonpoint source nutrient credits and (ii) convene a work group to evaluate and recommend conditions and requirements to most effectively address industrial stormwater general permit nutrient reduction compliance in future calendar years and submit a report summarizing such evaluation and recommendations to the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources no later than November 1, 2026.

State Corporation Commission; data center generators. Directs the State Corporation Commission to evaluate the impact of requiring data centers to limit the use of Tier 2 generators and prioritize the use of Tier 4 equivalent or better generators. The bill requires the Commission to submit a report on any findings to the Chairs of the Senate Committees on Finance and Appropriations and Agriculture, Conservation and Natural Resources and the House Committees on Appropriations and Agriculture, Chesapeake and Natural Resources no later than October 15, 2026.

Department of Conservation and Recreation; acceptance of property to establish a state park; Loudoun County. Authorizes the Department of Conservation and Recreation to accept from The Conservation Fund approximately 1,240 acres of real property and any buildings or structures thereon between Little River Turnpike, James Monroe Highway, and Tail Race Road in Loudoun County, known as Oak Hill Farm, for the purpose of establishing and operating a state park on such property.

Virginia Land Conservation Foundation. Allows the Virginia Land Conservation Board of Trustees to waive the requirement for a holder of a conservation easement to have such easement jointly held with a public body whenever such holder acquires any interest in land other than a fee simple interest from a grant or transfer from the Virginia Land Conservation Foundation, provided that such holder is accredited by the national Land Trust Accreditation Commission or meets a similar set of standards and practices adopted by the Board of Trustees and the easement contains a third party right of enforcement, as defined in relevant law, in favor of the Department of Conservation and Recreation or another public body.

Virginia Conservation Easement Act; definitions; federally recognized tribes. Provides that a federally recognized tribe, as defined in the bill, can be a conservation easement holder and that such a tribe is not bound by the same restrictions on the location of a principal office or the duration of existence that are placed on other types of easement holders. This bill is a recommendation of the Commission on Updating Virginia Law to Reflect Federal Recognition of Virginia Tribes.

Wildlife Corridor Action Plan; interagency implementation group; report. Directs the Secretary of Natural and Historic Resources to, in coordination with the Secretary of Transportation, convene an Interagency Implementation Group to advance projects, policies, and priorities identified under the Wildlife Corridor Action Plan. The bill requires the Group to (i) facilitate the development of a statewide memorandum of understanding among participating state agencies to formalize roles, data-sharing practices, and collaborative processes; (ii) facilitate sharing of wildlife vehicle collision data; (iii) support local level connectivity planning; (iv) develop and offer training to state agencies, localities, and metropolitan planning organizations relating to wildlife crossings and habitat connectivity strategies; (v) coordinate and prioritize projects identified in the Plan; and (vi) assist state agencies and political subdivisions, and by request any federal agency, in considering and incorporating wildlife corridors and the recommendations of the Plan when developing any governmental strategic plan, map, or action. The bill requires the Secretary of Transportation and the Secretary of Natural and Historic Resources to jointly submit a report of the Group's progress in advancing the Plan to the Chairs of the Senate Committees on Agriculture, Conservation and Natural Resources and Transportation and the House Committees on Agriculture, Chesapeake and Natural Resources and Transportation by September 1 of each year.

Study; Department of Conservation and Recreation; state park in Washington County; report. Requests the Department of Conservation and Recreation to study the feasibility of establishing a state park in Washington County at the Mendota Trail and Abrams Falls located within the Holston River Watershed.

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 is identical to HB 549.