Legislative Bulletin February 21, 2023
Tuesday, February 21, 2023 - 05:05pm
In this issue:
Action Alert
Oppose: Bill to eliminate local authority to retain trees on land that is not intended to be reforested artificially or naturally
HB2282 (Edmunds) will be considered again by the Senate on Wednesday (Feb. 22). Please contact your Senators and express your opposition to HB2282.
Update: Today, HB2282 was then taken by for the day. This means the bill will be heard again on the Senate floor tomorrow (Wednesday, Feb. 22).
HB2282 (Edmunds) – Virginia Stormwater Management Program; Virginia Erosion and Sediment Control Program; exemptions for the harvesting of forest crops. Creates a new exemption from stormwater rules and regulations for the clearing of trees, grading or removal of stumps, clearing of land or the creation of temporary roads for the removal of forest products.
VML opposes this bill to limit local authority to maintain local water quality and preserve existing trees; there is concern that this could apply to speculative land clearing. Localities should have the opportunity to work with landowners to protect local water quality and retain trees prior to any clearing and cutting. Allowing removal of trees from property that could be redeveloped without controlling for erosion could degrade local water quality and increase sediment and nutrient runoff. In addition to protecting local water quality, localities may have reasons to retain existing trees, such as screening or reducing the visibility of projects or retaining tree canopy.
Background
When a developer seeks to clear trees they must currently notify the locality, providing a critical opportunity to determine how trees can be removed without degrading local water quality and identifying if any existing trees should be maintained.
Aside from water quality, localities across Virginia have worked with developers to retain existing trees for a variety of reasons including as a best management practice to reduce stormwater and nutrient runoff, to create a natural screen to reduce the visibility of industrial or solar developments, to maintain tree canopy, to prevent the erosion of stream and riverbanks, or to preserve trees to reduce the impacts of storm surges in coastal areas.
HB2282 would:
- create a new exemption from stormwater regulations for development.
- not affect any agricultural lands which currently have an exemption for clearing trees as part of forest management or converting a forested area to agricultural pasture.
- result in more trees being removed without complying with erosion and sediment control requirements.
- undermine local authority to protect local water quality and remove any opportunity to work with developers to maintain existing trees.
Action requested
- Please contact your Senator and ask them to vote “NO” on HB2282.
- Full contact list for Senators available here >.
VML Contact: Mitchell Smiley, msmiley@vml.org
Budget
Are we there yet (on the budget, that is)?
Not exactly. But by all accounts, the House and Senate Conferees continue to engage in productive and cordial conversations, despite their billion-dollar budget differences.
That isn’t surprising when you consider that the leaders of the House Appropriations and Senate Finance & Appropriations Committees have developed a positive working relationship that may have taken the edge off potentially acrimonious talks.
And it’s revealing that we are not hearing about budget negotiations in the media. That’s a good thing! When the conferees take to the airwaves to make their case, it’s usually a sign that conversations have gone off the rails and delays are on the horizon.
For now, let’s take “no news, as good news”, and hope that our destination (i.e., a budget agreement) is just around the corner.
VML Contact: Joe Flores, jflores@vml.org
