Environment

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.

Department of Environmental Quality; Environmental Justice in the Permitting Process Guidance Memo; cumulative impacts. Directs the Department of Environmental Quality to publish an updated version of the Environmental Justice in the Permitting Process Guidance Memo for public comment. The bill requires the updated memo to consider how to assess the cumulative impacts of the types of permits covered in the guidance memo and outreach strategies to engage communities impacted by any such permit. The bill requires the public comment period process to include two public town halls held no later than July 31, 2026, and requires the Department to respond to the public comments by October 31, 2026. The Department is required to issue the final guidance memo by December 31, 2026.

Marine Resources Commission; powers and duties; wetlands; work group; report. Requires the Marine Resources Commission to ensure that, in promulgating minimum standards for protection and conservation of wetlands, no net loss of existing wetland acreage and functions is achieved. The bill requires permits for the use and development of wetlands to contain requirements for compensating impacts on wetlands sufficient to achieve no net loss of existing wetland acreage and functions. The bill also directs the Secretary of Natural and Historic Resources to convene a stakeholder work group to address mitigation requirements for tidal nonvegetated wetlands and directs the work group to submit a report of its findings 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 July 1, 2027.

Marine Resources Commission; Chesapeake Bay; diamondback terrapin protection areas; use of bycatch reduction devices on crab traps; penalty. Requires the Marine Resources Commission, in collaboration with the Crab Management Advisory Committee and the Virginia Institute of Marine Science, to develop and establish by December 1, 2027, diamondback terrapin protection areas in those portions of the Chesapeake Bay and its tributaries where interactions may occur between diamondback terrapins and any nets, traps, pots, or other fishing devices or gear. The bill directs the Commission to require by regulation bycatch reduction devices, as defined in the bill, on all recreational crab pots placed within any such diamondback terrapin protection area established by the Commission. A violation of such regulation is a Class 3 misdemeanor.