Preservation – Friends of Live Oaks

July 19, 2022July 20, 2022 Tim Preservation, Public Engagement, Treat not destroy

Our trees are mostly at risk

Live Oaks are not alone in lacking legal protection

By Mary Reid Barrow

Why doesn’t Virginia Beach have laws to protect the live oak, our official city tree?

This question comes up at the North End almost every time a live oak is cut down to make way for a new home or condo.

Part of the problem lies in the city’s stormwater regulations. Because of sea level rise, the regulations require that many low-lying properties be filled before starting new construction. No tree can survive if the land is built up around it. The regulations also require drainage improvements on lots that often adversely impact trees.

The other part of the problem lies with the Commonwealth of Virginia. State law says localities have no power to legislate tree protection ordinances on private property. The only exception now is the Chesapeake Bay Preservation Act which protects trees generally within 100 feet of the Chesapeake Bay shoreline and its tributaries to protect against erosion and help water quality.

Legislation to grant localities the right to put other restrictions on trees on private property has been pending in the general assembly for two years. But if, and when, the legislation does pass, our city council then would have to pass its own ordinance governing what would be required in Virginia Beach.

If you want to help, stay informed about the legislation in the next session of the Assembly and let your senators and delegates know how you feel. Ask candidates where they stand on this issue, then follow through to make sure City council responds to the legislation if it is approved and enacts an ordinance that will keep our live oaks–and all trees safer.

This article was originally printed in the July 2022 issue of the North Virginia Beach Civic League News

May 7, 2022 Tim Local live oaks, Preservation, Treat not destroy

Beach Colony residents at the North End went the extra mile to keep our live oak community alive and healthy.

Working with Nuckols Tree Care, they cut back and trimmed the much beloved but fading, ancient oak in one of the courtyards to give it a lift. Then they also planted a beautiful new live oak across the walkway to give the old tree a friend and to give the neighborhood a lift too! Thank you, Beach Colony and Nuckols Tree Care!

November 8, 2021 Tim Plant !, Preservation, Transplant Love, Treat not destroy

BECOME A MEMBER AND GET A FREE LIVE OAK!

Join the Friends of Live Oaks this fall and you will get a free live oak sapling as long as the trees last!

We have lots of little saplings looking for a home. We had planned to give these trees to new members at the tree celebration, TreeTopia, at Mount Trashmore that was recently rained out.

Dues are $25 for individuals and $100 for a business or community group.

Mail a check, payable to Friends of Live Oaks, c/o Clay Bernick, 214 A 84th Street, Virginia Beach Va. 23451.

Give us your name, cell number/email and address and we’ll bring a live oak to you!!!

September 23, 2021September 23, 2021 Tim Preservation, Public Engagement

Action steps to take to help vital tree legislation pass in 2022

From Clay:

All –

I attended a webinar with VCN yesterday and received this updated info for the tree legislation status:

House Bill 2042 and Senate Bill 1393 are a little different from each other. They both can be found as follows:

House Bill 2042 – https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB2042
Senate Bill 1393 – https://lis.virginia.gov/cgi-bin/legp604.exe?211+cab+HC10205SB1393+SB1REF

A reenactment clause was added to each bill. They will come up again in the 2022 session for reenactment. This clause allows for the bills to remain as they are, or to be changed if desired. A stakeholder group was created at the end of the 2021 session, chaired by the Secretary of Agriculture and the Secretary of Natural Resources to evaluate the bills further and report its recommendations back to the House and Senate by November 1, 2021. I’ll keep an eye out for this report and pass it along when it is released. The House Bill will be referred to its Committee on Counties, Cities and Towns. The Senate bill will be referred to its Local Government Committee.

As of now, the House Committee members for our City are: Askew and Guy

As of now, the Senate Committee members for our City are: DeSteph and Kiggans

There could be changes to these members after the November 2 election.

Actions to Take:

1 – Write members of City Council NOW and ask for them to include support for reenacting both bills in their legislative package – usually adopted by City Council in early November. A list of them and contact info is here: https://www.vbgov.com/government/departments/city-manager/Pages/form-of-government-and-city-officials.aspx
Please note the Lynnhaven District seat is currently vacant – City Council will appoint a member to fill that vacancy soon.

2- Write your local House and Senate representatives and ask them to support reenacting their respective bills during the 2022 session. You can find your representatives here: https://whosmy.virginiageneralassembly.gov
There could be changes to these members after the November 2 election.

Hope this is helpful!

Clay

Gorgeous Live Oak filled backyard in Northend

September 22, 2021September 23, 2021 Tim Preservation, Public Engagement

Please help us get this Bill passed in 2022 General Assembly to help our urban tree canopy!

“A. Any locality with a population density of at least 75 persons per square mile or any locality within the Chesapeake Bay watershed may adopt an ordinance providing for the planting and replacement of trees during the development process…”

“3. That the provisions of the first enactment of this act shall not become effective unless reenacted by the 2022 Session of the General Assembly.”

View “VIRGINIA ACTS OF ASSEMBLY — CHAPTER An Act to amend and reenact §§ 15.2-961 and 15.2-961.1 of the Code of Virginia, relating to replacement and conservation of trees during development. [H 2042] Approved” Legislation that Passed in 2021.

“In Arlington and Virginia Beach, two of the most recent municipalities to conduct tree canopy assessments, canopy is holding steady on municipal property but trending downward on private property due to infill, redevelopment, and homeowner removal.

Loss of biodiversity is another critical challenge we face which may impact ecosystems as much as climate change, pollution, and other major forms of environmental stress. Trees provide food, habitat, shelter, and breeding areas need- ed to restore and sustain Virginia’s wildlife biodiversity.

SOLUTION
We need to prioritize the preservation of intact forests as well as individual mature trees during development. For example, during the engineering process, consider how to protect natural resources first and adjust site plans accordingly….”