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Please support HB2238 as enabling legislation to allow localities the option to adopt ordinance language which would ensure that the "critical root zones" (CRZ) of trees targeted for preservation as a way to meet all or part of the tree canopy requirements on a site are adequately mapped ahead of a project. The CRZ is the area of soil around a tree where most of its roots are located - it's an area of soil that, when disturbed, could mean significant impacts to a tree, ultimately killing. Allowing localities to get this CRZ information could help inform projects about the likelihood of tree preservation over the long term based on CRZ impacts. This could help ensure preservation of tree canopy in a way that we do not have today by allowing a dialog about modifications to a site plan that may better preserve tree canopy intended to be saved. This proposed legislation acknowledges the importance of tree preservation and provides a tool to help localities more effectively preserve existing canopy (which can otherwise take a decade or more to be replaced upon the death of a tree identified for preservation). This would provide an important benefit to urbanized and urbanizing areas where preservation of existing canopy is critical to mitigate heat island effects, particularly in areas suffering environmental inequities which disproportionately affect those most vulnerable. Please support HB2238.

I am against this bill which would allow certain localities to impose stringent requirements on developers regarding the preservation of existing trees during development. Increased Development Costs: Requiring developers to submit detailed surveys or maps of tree root zones would significantly increase the cost of development. This could lead to higher housing or commercial space prices, potentially making development less affordable or feasible, especially for smaller projects. Delay in Development: The additional step of mapping critical root zones or providing extensive information could delay project timelines, slowing down economic growth and housing availability in areas where development is critically needed. Legal and Compliance Burdens: This bill adds legal complexities by requiring developers to consider tree roots extending onto adjacent properties, potentially leading to disputes over property rights and complicating the development process with additional legal considerations. Overregulation: By allowing local ordinances to dictate such detailed aspects of development, this bill contributes to overregulation, which can stifle innovation and flexibility in urban planning and development practices. Impact on Property Rights: The requirement might infringe on property rights by imposing conditions that could affect how landowners utilize their property, especially when considering roots crossing property lines, which could lead to conflicts with adjacent landowners. Potential for Inequity: Smaller developers or individual homeowners might find compliance with these requirements disproportionately burdensome compared to larger entities with more resources, leading to inequity in development opportunities. Environmental Focus Disparity: While tree preservation is important, this focus might overshadow other environmental considerations in development, like water management, energy efficiency, or habitat creation, potentially leading to a less holistic approach to sustainable development. Administrative Overhead: Local governments would need to increase their administrative capacity to handle the review of these additional submissions, potentially diverting resources from other municipal services or environmental initiatives. I oppose this legislation due to its potential to increase costs, delay projects, complicate legal compliance, and overregulate development, urging instead for a balanced approach that considers economic viability alongside environmental preservation.

Dear Madam Chair and Members of the Natural Resources Subcommittee Committee, I am writing to express my strong support for House Bill 2238, which strengthens tree preservation requirements during development. This legislation has the potential to bring significant benefits to communities while addressing critical issues stemming from the loss of urban tree canopies. Trees are essential to public health and environmental sustainability. They improve air and water quality, reduce urban heat islands, and manage stormwater runoff. In communities like those served by Southside ReLeaf, where tree canopy is limited, these benefits are critical for addressing environmental inequities that disproportionately affect those most vulnerable. There are higher asthma rates, greater hospital visits for heat illnesses, and up to a 20-year shorter life expectancy in neighborhoods with a tree deficit. Preserving trees during development can mitigate these disparities, promoting healthier and more resilient communities. Trees are important infrastructure assets that provide essential services in a cooperative system with utilities, transportation, public works, and other facilities that make communities livable. Unlike other infrastructural services that decline or need to be replaced over time, trees yield more benefits as they mature. We should not see trees as being in conflict with how we build and grow our communities but rather protect these investments. Additionally, requiring site plans to include the preservation of existing trees or the planting of new ones ensures that development protects and enhances our tree canopy. This bill establishes a vital framework to hold developers accountable for maintaining or replacing trees during development, preventing the loss of essential tree canopy and aiding in the long-term health of our communities. Without action, the continued loss of tree canopy due to unchecked development will exacerbate these environmental harms. Communities will face increased risks of flooding, reduced climate resilience, and declining public health. HB2238 offers a proactive solution, ensuring that development respects the value of existing natural resources and prioritizes sustainable growth. This bill represents a chance to invest in a future where economic development and environmental preservation go hand in hand, providing long-term benefits for all residents. I urge you to support HB2238 and its vision for a greener and healthier Virginia.