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 Wildlife Resources; fishing tackle recycling and disposal; educational webpage. Directs the Department of Wildlife Resources to (i) develop, publish, and maintain a dedicated webpage on its website to educate the recreational fishing community and the general public about the importance of responsible recycling and disposal of fishing tackle, as defined in the bill, and (ii) periodically update such webpage to ensure that educational materials are current, relevant, and effective in promoting responsible fishing practices. The bill directs the Department to update the webpage at least every three years in consultation with relevant state agencies and stakeholders.
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.
Department of Environmental Quality; special orders; Virginia Erosion and Sediment Control Program; civil penalties. Increases the maximum civil penalty amount that the Director of the Department of Environmental Quality may assess for any special order to a person to comply with certain related laws, regulations, permits, and certifications from $10,000 to $32,500. The bill increases from $1,000 to $32,500 the maximum civil penalty that a locality authorized to administer a Virginia Erosion and Sediment Control Program is able to collect for any one violation of certain regulations, orders, ordinances, program provisions, conditions of land-disturbance approvals, and provisions of state law. The bill also provides, however, that for a land-disturbing activity that (i) disturbs an area measuring at least 10,000 square feet but less than one acre in an area not designated as a Chesapeake Bay Preservation Area and (ii) is not part of a larger common plan of development or sale that disturbs one or more acres of land, the civil penalty shall not exceed $5,000 for each violation, and a series of violations arising from the same set of facts shall not exceed $50,000.
Powers of service districts; control of invasive plant species. Allows a service district created within a locality to control the spread of any plant that is identified on the list of invasive plant species established by the Department of Conservation and Recreation. This bill is identical to HB 388.
Small renewable energy projects; agrivoltaics definition. Provides a definition of "agrivoltaics" for the purposes of small renewable energy projects. This bill incorporates HB 899 and is identical to SB 340.
An Act to amend and reenact § 10.1-1197.5, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to small renewable energy projects; agrivoltaics definition.
Plastic bag tax; distribution to towns. Requires that any town located within a county that has imposed a disposable plastic bag tax receive a distribution of revenues collected by the county based on the local sales tax distribution formula for appropriations to towns. The bill restricts a town's use of such revenues to the same purposes allowable for a county or city.
Use of unmanned aircraft systems by public bodies; search warrant required; exceptions. Adds the Department of Environmental Quality to the list of exceptions to the warrant requirement for the use of an unmanned aircraft system by public bodies for the implementation and civil enforcement of the Virginia Water Resources and Wetlands Protection Program, the Virginia Erosion and Stormwater Management Act, and erosion and sediment control in localities without a Virginia Erosion and Stormwater Management Program against a permittee.
HB 388 allows service districts within local communities (like water or parks authorities) to manage invasive plant growth on their properties. The bill specifically grants these districts the authority to control invasive plants, without specifying methods or requiring new funding. It directly affects service districts operating in cities or towns, expanding their existing powers to address plant invasions. The bill passed the House unanimously (90-8) and is now pending review by the Local Government Committee.
