Removal and Replacement of Street Trees

Street Tree Concerns in Colonial Heritage [A fellow resident submitted this for posting on this blog.]

Main Question and Concerns

A Colonial Heritage resident is requesting permission to remove a silver maple street tree that is causing significant problems due to its location and root system. The specific concerns include:

The tree is planted only 9 feet from the driveway/main sidewalks
It sits directly on top of main gas and water lines
The roots have damaged water/irrigation pipes (5 broken pipes so far)
Roots have entered storm drains requiring costly HOA repairs
Roots are lifting sidewalk panels creating tripping hazards
4-inch roots are growing into the house siding
The resident wishes to replace it with a smaller decorative tree more suitable for the 9-foot space

The resident expresses concern about the impact on home value (estimated $50K decrease) and marketability, particularly in a 55+ community with many disabled, handicapped, and veteran residents who would not want to deal with these ongoing repair issues.

Communications to Date

The resident has:

Consulted with Art Wolfson from the ARC committee
Contacted James City County (JCC) Planning Office with a request to remove the tree
Received initial contact from Jose Ribeiro from JCC Planning on March 27, 2025, but no follow-up since
Contacted the gas company, who confirmed trees should not be planted on gas lines
Consulted with realtors regarding disclosure requirements and impact on home value

Important Clarification from James City County

Paul Holt, Director of Community Development, has clarified to Board of Supervisors Member Barbara Null that:

The county is not involved with these decisions
The county does not have the authority to approve such requests
The request should remain with the Colonial Heritage HOA and Architectural Review Board (ARB)

Mr. Holt shared the guide/brochure that was developed in collaboration with the HOA, which sets out the guidelines for such requests. He noted that JCC did not want to accept civil liability for damages.

Street Tree Policy Document

The “Street Tree Removal and Replacement at Colonial Heritage” document (dated June 6, 2023) provides guidelines for the replacement of street trees within the community. Key points include:

Homeowners must submit requests in writing to the Colonial Heritage HOA
The Architectural Review Committee reviews requests according to established procedures
The Landscape Committee provides a list of acceptable replacement trees

Factors considered for tree replacement include:

Trees that have not reached maturity (DBH of 14 inches or less)
Trees creating hazardous situations
Conflicts with underground utilities
Dead, dying, diseased, or damaged trees
Trees inappropriate for lots less than 50 feet wide

Replacement requirements:

All trees must be deciduous
Minimum height at maturity of 40 feet (Overstory trees)
Native or locally adapted species
Minimum 1½ inches DBH at planting
Non-invasive species with minimal maintenance needs
New trees must be planted in the same location as removed trees

JCC Planning Division recommends seven specific replacement trees:

Red Maple (Acer rubrum)
Maidenhair tree – male cultivar (Gingko biloba)
Black Tupelo (Nyssa sylvatica)*
Pin Oak (Quercus palustris)
Shumard Oak (Quercus shumardii)
Lacebark Elm (Ulmus parvifolia)*
Japanese Zelkova (Zelkova serrata)* *Recommended for thin planting strips or adjacent to sidewalks

Current Status

The issue now clearly rests solely with the Colonial Heritage HOA and Architectural Review Board (ARB). James City County has clarified they have no authority in this matter. The resident should:

Follow the formal process outlined in the “Street Tree Removal and Replacement” document
Submit a written request to the Colonial Heritage HOA
Work with the Architectural Review Committee according to their established procedures
Note that according to the guidelines, the fact that the tree conflicts with underground utilities is one of the valid factors for considering tree replacement

The resident’s specific concern about planting a “smaller decorative tree” may face challenges, as the guidelines require replacement with an overstory tree (minimum 40 feet at maturity) planted in the same location.