TREE ORDINANCE

Norfolk City Code ch. 45, art. II

in effect

Norfolk City Code § 45-12 Purpose and intent.

Sec. 45-12. - Purpose and intent. It is the purpose of this article, to be referred to as the "Norfolk Tree Ordinance," to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other vegetation in the city. It is the intent of the city council that the terms of this article shall be construed so as to promote the planting, maintenance, restoration and protection of desirable trees, shrubs and other vegetation within the city, to protect citizens from personal injury and property damage, and to protect public property from property damage caused or threatened by improper planting, maintenance, or removal of trees, shrubs, or vegetation plants located within the city. (Ord. No. 41,728, § 1, 2-15-05)

Norfolk City Code § 45-13 Permits; when required.

Sec. 45-13. - Permits; when required. (a) Residents of Norfolk may apply for a permit to prune and trim city trees located between the curbs and sidewalks. A request for a permit can take place only after a resident has successfully completed a workshop devoted to basic tree trimming techniques led by an I.S.A. certified arborist for the city, and the individual resident receives a certificate of completion in such training. All appropriate tools and required safety equipment must be supplied by the resident(s) and approved by the arborist. The pruning may take place from the ground only, utilizing only nonpowered hand tools. Debris from any pruning session must be removed in accordance with normal Norfolk Division of Waste Management regulations. (b) Except as otherwise provided in this section, it shall be unlawful for any person except an authorized employee of the bureau of parks and forestry to perform any of the following acts on city-owned property without first obtaining a permit from the director: (1) Plant, transplant, prune, trim, root prune, spray, fertilize, treat, remove, paint, climb or otherwise damage or disturb any tree, shrub or other vegetation or any part thereof (including live, diseased, declining or dead), or protective and supportive devices. (2) Place either above or below ground level, a container for trees, shrubs or other vegetation. (3) Affix or cause to be affixed to any tree, shrub or other vegetation any sign, notice, announcement, banner, rope, cable, nail, tape, wire, or any other object, or to use the same in any connection with any guard or stake protecting or supporting such tree, or permit any electrical wires, cables, poles, cross arms, brackets, insulators, or other wires or fixtures to come into contact with any shade tree or ornamental tree on the streets or other city owned property. (4) Dig a tunnel, trench, or otherwise excavate within the critical root zone of a tree, except within the paved roadways from curb face to curb face. (5) Apply and chemical or material of any sort to or within the critical root zone of any tree located on city-owned property, including but not limited to insecticides, herbicides, fungicides, or soil sterilants/or growth regulators that either prevent or hinder the establishment or viability of vegetation or is detrimental to the environment. (6) Place any material of any sort, including, but not limited to, dirt, soil, rubble, concrete, bricks, wood, dredge spoil, asphalt, creosote timbers, logs, garbage, tires, organic wastes and personal property such as boats, trailers, vehicles on or within the critical root zone of any tree, shrub or other vegetation. (c) It shall be unlawful for any person to perform any of the following acts within the resource protection area or intensely developed areas in the Chesapeake Bay Preservation Area Overlay District without first obtaining a permit from the director: (1) Plant, transplant, trim, prune, remove or otherwise disturb any tree, shrub or other vegetation (including live, diseased, declining or dead), or portion thereof. (2) Damage, cut, tap, caulk, paint, attach any rope, wire, nail, sign or any other manmade object to any tree or shrub. (3) Dig a tunnel trench or otherwise excavate within the critical root zone of any tree, shrub or other vegetation. (4) Apply any chemical, including, but not limited to, herbicides and/or growth regulators, that either prevents or hinders the establishment of viability of vegetation or is detrimental to the environment. (5) Place any material of any sort, including, but not limited to, dirt, soil, rubble, concrete, bricks, wood, dredge spoil, asphalt, creosote timbers, logs, garbage, tires, organic wastes and personal property such as boats, trailers, vehicles on or within the crown-spread or critical root zone of any tree, shrub or other vegetation. (d) For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice as approved by the bureau of environmental services and in accordance with applicable permit conditions or requirements. (e) When trees, shrubs or other vegetation are removed, destroyed or damaged beyond recovery in violation of this section, the director may require that they be replaced in accordance with controlling arboricultural specifications and standards. Failure to mitigate as directed shall constitute a violation of this chapter. (f) It shall be unlawful to fail to comply with any terms or conditions of any permit issued pursuant to this section. (g) Nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as may be required by law. (Ord. No. 41,728, § 1, 2-15-05; Ord. No. 44,580, § 1, 2-28-12)

Norfolk City Code § 45-14 Maintenance permit for work on city property.

Sec. 45-14. - Maintenance permit for work on city property. (a) The director, under special circumstances, may issue a maintenance permit which authorizes residents within a defined area to maintain the shrubs, trees and flowers on city-owned property lying between the paved portion of the street and in areas of the city where sidewalks do not exist and the distance between the paved portion of the street and the property line is larger than is normally found in other areas of the city, and in such other areas as the director shall determine that the issuance of such maintenance permit would be in the best interest of the city in carrying out the purpose and intent of the tree ordinance. The director may impose such conditions and limitations on the permits as would be consistent with the terms and conditions of this article. If residents in the area fail to carry out the maintenance program within the conditions and limitations set forth in the permit, the director of neighborhood and leisure services may revoke the same. The issuance of such permit shall not in any way condone or authorize any property owner to maintain a public nuisance on public or private property, nor does the permit exempt such property owner from the other provisions of this article. (b) The director may issue an area-wide or city-wide permit in order to correct or eliminate problems or conditions where it is not feasible or practicable to handle in any other way. The director may implement this permit by advertising in a newspaper of general circulation in the city setting forth the problem or condition to be corrected or eliminated, the manner and materials to be used, and other conditions, as he sees fit, to protect the urban forest. (Ord. No. 41,728, § 1, 2-15-05)

Norfolk City Code § 45-15 Maintenance permit for work on private property.

Sec. 45-15. - Maintenance permit for work on private property. The director may issue a maintenance permit for activity in the resource protection area or intensely developed area in the Chesapeake Bay Preservation Area Overlay District when he has determined that the applicant has presented sufficient information to ensure the objectives of the zoning ordinance and the tree ordinance will be faithfully carried out by the applicant. The director shall impose such conditions and limitations as would be consistent with the terms and conditions of the zoning ordinance. If the permittee fails to carry out the maintenance program within the terms and conditions set forth in the approved management plan, the director shall revoke the same and take such action as is appropriate to remedy or restore the buffer area. The director shall be guided by the following performance standards designed to maintain the functional value of the buffer area and the indigenous vegetation located therein: (1) Trees in excess of three (3) inches in diameter at breast height (four and one-half (4.5) feet above the ground) shall not be pruned or removed except as necessary to provide minimal sight lines and vistas, and provided that where removed they will be replaced with other vegetation that in the discretion of the director is equally effective in retarding runoff, preventing erosion and filtering nonpoint source pollution from runoff. (2) Any access path in the buffer area shall be constructed and surfaced so as to effectively control erosion. (3) A three-tier riparian vegetated buffer comprised of overstory, understory and groundcover plant materials will be established and/or maintained where practical in the discretion of the director. Disturbance to the soil environment and root systems of trees to remain shall be minimized. (4) When permitted, alterations to the resource protection area or intensely developed area in the Chesapeake Bay Preservation Area Overlay District on city-owned property must be completed and maintained by a Virginia Nurseryman and Landscape Association (VNLA) certified horticulturist, or ISA certified arborist or ISA certified tree worker. (Ord. No. 41,728, § 1, 2-15-05)

Norfolk City Code § 45-16 Permit exemptions.

Sec. 45-16. - Permit exemptions. (a) Any person performing emergency utility work to restore, but not increase beyond the original capacity of underground transmission or distribution systems or utility services to existing residential, commercial or governmental facilities, and within the same trench as existing utilities, shall be exempt from obtaining a permit, provided that all applicable controlling arboricultural specifications and standards are followed and that the city forester is notified as soon as practical should excavation necessitate cutting roots in excess of three (3) inches in diameter. (b) Any person performing emergency work to restore but not to relocate or increase the capacity of overhead transmission or distribution systems or overhead utilities services to residential, commercial, or governmental facilities and which necessitates the cutting of limbs or branches up to four (4) inches in diameter, as measured outside the branch collar, shall be exempt from obtaining a permit, provided that all applicable controlling arboricultural specifications and standards are followed and the city forester is notified as soon as practical following the completion of such work. (c) A resident of the city shall not be required to obtain a permit for pruning sucker growth less than one inch in diameter which originates from the base of crape myrtle trees growing in that portion of the public right-of-way between the curb and sidewalk and directly adjacent to property owned or substantially controlled by said resident, or from watering without a permit any tree, plant or shrub located in the right-of-way. (Ord. No. 41,728, § 1, 2-15-05)

Norfolk City Code § 45-17 Review of application for permit.

Sec. 45-17. - Review of application for permit. (a) The director, within ten (10) working days of the receipt of an application for a permit, shall issue a permit to perform any of the specified acts for which a permit may be required pursuant to this chapter as long as the following conditions are met: (1) When such acts would result in abatement of a public nuisance; (2) When such acts consistent with the development and implementation of the street tree management plan or with any regulations and controlling arboricultural specifications and standards or with the purpose and expressed intent of this chapter; (3) When an application has been signed by the applicant and submitted to the bureau of parks and forestry detailing the location, number, size and species of trees, shrubs and other vegetation would be affected by such acts, setting forth the purpose of such acts and the methods to be used along with any additional information the city forester may find reasonably necessary; (4) When the applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this article, the street tree management plan and controlling arboricultural specifications and standards; and (5) When the applicant certifies that he has read and understands the provisions of this article, the terms and conditions of the permit, controlling arboricultural specifications and standards, city tree protection notes and details, and street tree planting and location standards, or other applicable standards which are pertinent to the work for which the permit is sought; or (b) The director may place certain conditions, limitations or other applicable standards and guidelines in the permit which he deems to be necessary to carry out the purpose and expressed intent of this article. (c) The director may require the applicant to post a bond or provide a letter of credit in an amount and with surety and with conditions satisfactory to him securing compliance with the conditions and limitations set forth in the permit. (Ord. No. 41,728, § 1, 2-15-05)

Norfolk City Code § 45-18 Appeal of denial of a permit.

Sec. 45-18. - Appeal of denial of a permit. Any person aggrieved by the actions or orders of the director respecting issuance of a permit shall within ten (10) days from such action or order have an appeal to the city manager or to a person designated by the city manager to hear such appeals. The decision of the city manager or his designee shall be the final administrative remedy under this article. (Ord. No. 41,728, § 1, 2-15-05)

Norfolk City Code § 45-19 Revocation of permit.

Sec. 45-19. - Revocation of permit. The director may revoke any permit issued under this chapter if the work for which a permit is issued is not completed in full compliance of stated conditions and limitations or if the work is completed in an unsafe manner, or in violation of any provision of this chapter, the Virginia State Code [Code of Virginia] and guidance promulgated thereto, an order of the board of zoning appeals, or any other applicable permit. The director may also take action as is appropriate to remedy or restore to a safe condition any tree, shrub or other vegetation for which a permit has been revoked or suspended at the applicant's expense. (Ord. No. 41,728, § 1, 2-15-05)

Norfolk City Code § 45-20 Safeguards during construction work.

Sec. 45-20. - Safeguards during construction work. For the purposes of safeguarding trees on city-owned property and in the resource protection area and intensely developed area in the Chesapeake Bay Preservation Overlay District in zoning ordinance) (sic) during construction, including pruning, overhead or underground utility, installations and excavations, within the critical root zone, the following conditions shall apply to all trees other than those for which a permit has been issued authorizing removal: (1) Prior to the commencement of construction, all trees, shrubs and other vegetation on the building site or within the project area shall be inventoried by the applicant or contractor as to species, diameter at breast height (four and one-half (4.5) feet above ground) expressed in inches crown-spread expressed in feet, and location on the lot, and the inventory shall be clearly and accurately shown to scale on a map, drawing, or plat of known scale, and shall be submitted to the bureau of parks and forestry. (2) Damage to any trees, shrubs and other vegetation during construction shall be immediately reported by the person causing the damage, or the owner, to the city forester, and the applicant shall treat the tree for damage in the manner specified by the director. (3) Excavations within the critical root zone of any tree, except within the paved roadways and for all emergency repairs to existing underground utilities, shall be done only after consultation with the director and then only to the extent authorized in the permit and in accordance with all controlling arboricultural specifications and standards and city tree protection notes and details. (4) Unless otherwise allowed by the director, approved protective fencing shall be installed at the crown-spread or critical zone of all trees, shrubs and other vegetation located within the work zone prior to the commencement of any construction activity including mobilization, except for construction activities which limit disturbance to within the paved roadways (from face of curb to face of curb) and for emergency restoration of existing underground utility service, in order to prevent unnecessary damage to the trunk, crown, root system or soil environment. (5) Whenever excavations, approved through a permit issued by the director, are made within the critical root zone of trees, shrubs and other vegetation appropriate measures as specifically described or referenced in the permit or City of Norfolk tree protection notes and details, shall be taken to protect the root system (roots and rooting environment) from any damage or loss, desiccation, and soil compaction. (6) Except on improved paved roadways (from face of curb to face of curb), no material of any sort, including, but not limited to, soil, dirt, rock, stone, rubble, bricks, concrete, concrete rinse, mortar mix, asphalt, steel, wood, construction supplies, dredge spoil, fill material, organic wastes, herbicides, oil, gasoline, diesel fuel, chemicals, paint, paint thinners, waste water, construction effluents, or other materials detrimental to trees, shrubs and other vegetation or soil environment, shall be placed within the crown-spread or critical root zone of any tree, shrubs and other vegetation or uphill from such where said substance might reach the roots through a leaching process without a tree permit specifically approving same. (7) Except on paved roadways and for emergency restoration of existing utility service to original capacity, and for construction projects where a permit has been issued by the director authorizing the use of equipment fundamental to the proposed construction activity within the critical root zone, no vehicles or heavy equipment shall be permitted within the critical root zone of any trees, shrubs and other vegetation. (Ord. No. 41,728, § 1, 2-15-05)

Norfolk City Code § 45-21 Stop work order.

Sec. 45-21. - Stop work order. The director may order the cessation of any work to any tree, shrub or other vegetation located on private property or public property when such work is completed in an unsafe manner which is deemed threatening to any property owned or controlled by the city, or the health, safety or welfare of the general public, or when such acts constitute a violation of this chapter. The director may further direct whatever action is reasonably necessary to protect the public safety, including, but not limited to, establishment of worker qualifications and work standards and specifications, hold harmless indemnification, and a liability insurance policy in the amount established by the director which names the city as an additional insured. (Ord. No. 41,728, § 1, 2-15-05)

Norfolk City Code § 45-22 Public nuisance.

Sec. 45-22. - Public nuisance. (a) Any tree, shrub or other vegetation or a portion thereof, whether located on city-owned property or on private property, which by reason of its location or condition constitutes an imminent danger to the public health, safety or welfare of the general public shall constitute a public nuisance. (b) Any tree, shrub or other vegetation or a portion thereof, whether located on city-owned property or on private property, which dangerously obstructs free passage of pedestrian or vehicular traffic shall constitute a public nuisance. (c) Any tree, shrub or other vegetation or a portion thereof, whether located on city-owned property or on private property, which dangerously obstructs the view in the "visibility triangle" as defined in the city street tree planting and location standards shall constitute a public nuisance. (d) Any tree, shrub or other vegetation growing on private property, when infested by any insect or infected by any disease, which by reason of such infestation or infection endangers the life or growth or healthful existence of other trees, shrubs or other vegetation within the city not so infested or infected shall constitute a public nuisance. (e) Any tree, shrub, or other vegetation growing on private or public property, which by reason of its invasive or aggressive growth habit encroaches upon or threatens any rights-of-way, park, or other city-owned property shall constitute a public nuisance. (Ord. No. 41,728, § 1, 2-15-05)

Norfolk City Code § 45-23 Eradication of public nuisance; public or private property.

Sec. 45-23. - Eradication of public nuisance; public or private property. (a) Any public nuisance as specified in this article which is located on city-owned property shall be pruned, removed, or otherwise treated by the director in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery. (b) Any public nuisance as specified in this article which is located on private property shall be pruned, removed, or otherwise treated by the property owner or his agent in whatever fashion is required to abate the nuisance. (c) In the event that a confirmed infestation or infection, as described in section 45-22, shall occur, the director, at the convenience of the city and when authorized by the city manager, may cause such abatement measures as he shall deem appropriate to be accomplished at public expense. (Ord. No. 41,728, § 1, 2-15-05)

Norfolk City Code § 45-24 Notice.

Sec. 45-24. - Notice. In the event of a public nuisance existing on private property, the director shall cause a written notice to be personally served, posted on the property, or sent by regular mail to the person to whom was sent the tax bill for the real estate taxes for the last preceding quarter. Such notice shall describe the kind of tree, shrub or other vegetation which has been declared to be a public nuisance, its location on the property, the reason for the declaration of a nuisance and shall state the actions that the property owner may undertake to abate the nuisance and the time limit for the abatement. Failure to abate in the time specified shall constitute a violation of this chapter. (Ord. No. 41,728, § 1, 2-15-05)

Norfolk City Code § 45-25 Abatement by city.

Sec. 45-25. - Abatement by city. If such nuisance remains on any land or premises after the expiration of the time specified in the notice given under this section, the director may cause the same to be abated or removed therefrom at the expense of such person, or of the occupant or owner of such land or premises, as the case may be. In addition, an administrative fee, as prescribed by the Code of Virginia and as approved by the city manager, shall be assessed in each case. If the land is unoccupied and the owner is not a resident of the city, notice of abatement by the city shall be given by mailing or delivering a letter to the last known address of the owner no less than five (5) days before the abatement by the city. If the abatement is done at the expense of the owner, the expense of abatement or removal and the administrative fee shall be a lien upon such land or premises and shall be reported to the city treasurer, who shall collect the same in the manner in which city taxes levied upon real estate are authorized to be collected. Such expenses shall be docketed in a book kept for that purpose in the office of the city treasurer and indexed in the name of the person owning such premises or land at the time such lien accrued. (Ord. No. 41,728, § 1, 2-15-05)

Norfolk City Code § 45-26 Reserved.

Source: City of Norfolk, Virginia, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/norfolk/codes/code_of_ordinances?nodeId=COCI_CH45TROTVE_ARTIITRORFetched: 11/1/2026