by Chap Petersen

Last week, my “Sleepless in Stafford” newsletter detailed how County officials had ignored state law in restricting a homeowner’s right to use her own private residence via short term rental.

It’s not confined to Stafford County, folks.

Two years ago, a Fairfax County resident purchased a 4-acre undeveloped property off Wolf Run Shoals Road in Clifton for his dream house. If you know the area, it’s the “rural” part of the County, with two-lane roads and natural spaces. The residential property he purchased was primarily open space — like in “Field of Dreams” — perfect for a soccer pitch or baseball diamond.

The resident hired an architect, obtained plans and approached the County with a site plan to begin construction. They informed him that he needed to plant 239 mew trees — at a cost of nearly $300,000 — before he would be allowed to begin construction. Alternatively, he could make a direct contribution to the County’s coffers.  

Our firm wrote a letter to the County staff pointing out that the site had been an open clearing for generations: What was the legal basis for requiring new trees?

Two weeks ago, I received a reply from the County, which cited VA Code 15.2-961.1 as authorizing the County to require tree planting with any site plan.

OK, I know that law. I was its sponsor approx. 20 years ago, when preserving trees was a #1 priority in fast-growing suburbs. The law is about “tree save,” i.e. “saving” or “replacing” trees lost to development. It has nothing to do with planting trees where they don’t exist.

I informed the County staff of this fact and their response was, “We need to check with the County Attorney.” Meanwhile, my client’s site plan has been gathering dust for six months. Hello?

I’m confident this will be worked out. But what about applicants who don’t have an attorney? How long has the County been requiring property owners to plant random trees before they can build a house on their own property?

It’s leaving us frustrated in Fairfax.

Chap Petersen, a former state senator, practices law in Northern Virginia. This column has been republished with permission from his newsletter, The Virginia Attorney.