Code of Virginia - Title 10.1 Conservation - Chapter 11 Forest Resources And The Department Of Forestry

10.1-1100 Department of Forestry; appointment of the State Forester
The Department of Forestry, hereinafter referred to in this chapter as the Department, is continued as an agency under the supervision of the Secretary of ...

10.1-1101 General powers of Department
The Department shall have the following general powers, all of which, with the approval of the State Forester, may be exercised by a unit of ...

10.1-1102 Board of Forestry
The Board of Forestry within the Department of Forestry, referred to in this chapter as the Board, shall be composed of one member from each ...

10.1-1103 Powers of the Board
The Board shall be charged with matters relating to the management of forest resources in the Commonwealth. The Board shall advise the Governor and the ...

10.1-1104 General powers and duties of State Forester
The State Forester, under the direction and control of the Governor, shall exercise the powers and perform the duties conferred or imposed upon him by ...

10.1-1105 Additional powers and duties of State Forester
The State Forester shall supervise and direct all forest interests and all matters pertaining to forestry within the Commonwealth. He shall have charge of all ...

10.1-1106 State Forester to control forest reserves and funds; reforesting; preservation of timber, et...
The care, management and preservation of the forest reserves of the Commonwealth and the forests thereon, and all moneys appropriated in that behalf, or collected ...

10.1-1107 Purchase of lands and acceptance of gifts for forestry purposes by the State Forester; management; ...
A. The State Forester shall have authority to purchase in the name of the Commonwealth lands suitable for state forests. He may accept for state ...

10.1-1108 Waste and unappropriated lands
Any waste and unappropriated land, other than ungranted shores of the sea, marsh or meadowlands exempted from grant by the provisions of § 41.1-3, may ...

10.1-1109 State forests not subject to warrant, survey or patent
Lands acquired by the Commonwealth for forestry purposes shall not be subject to warrant, survey or patent. (Code 1950, § 10-42; 1988, c. 891.) ...

10.1-1110 Violation of regulations for supervision of state forests, etc
Violators of any regulation for the supervision or use of any state forest, park, road, street or highway traversing the same, shall be guilty of ...

10.1-1111 Kindling fires on state forests; cutting and removing timber; damaging land or timber
Any person who kindles fire upon any of the state forests of this Commonwealth, except in accordance with regulations prescribed by the State Forester, or ...

10.1-1112 Notices relating to forest fires and trespasses
The State Forester shall distribute notices, printed in large letters on cloth or other suitable material, calling attention to the danger of forest fires, to ...

10.1-1113 Not liable for trespass in performance of duties
No action for trespass shall lie against the State Forester, or any agent or employee of the State Forester for lawful acts done in performance ...

10.1-1114 Establishment of nurseries; distribution of seeds and seedlings
The State Forester may establish and maintain a nursery or nurseries, for the propagation of forest tree seedlings, either upon one or more of the ...

10.1-1115 Sale of trees
For the purpose of maintaining in perpetuity the production of forest products on state forests, the State Forester may designate and appraise the trees which ...

10.1-1116 Reforestation Operations Fund
All money obtained from the state forests, except as provided in subsection E of § 10.1-1107, shall be paid into the state treasury, to the ...

10.1-1117 Specialized services or rentals of equipment to landowners, localities and state agencies; fees; di...
The State Forester may cooperate with landowners, counties, municipalities and state agencies, by making available forestry services consisting of specialized or technical forestry equipment and ...

10.1-1118 Account of receipts and expenditures
The State Forester shall keep a full and accurate account of the receipts and expenditures of the Department. (Code 1950, § 10-40; 1986, c. 567; ...

10.1-1119 Preservation of evidence as to conserving forest supply; reports to General Assembly; publication...
The State Forester shall preserve all evidence taken by him with reference to conserving the forests of the Commonwealth and the methods best adapted to ...

10.1-1119.1 State Forests System Fund established
There is hereby created in the state treasury a special nonreverting fund to be known as the State Forests System Fund, hereafter referred to as ...

10.1-1120 Forest Management of State-Owned Lands Fund
The Forest Management of State-Owned Lands Fund established by the legislature in 1980 is continued. (1980, c. 525, § 10-45.1; 1988, c. 891.) ...

10.1-1121 Definitions
As used in this article unless the context requires a different meaning: "Fund" means the Forest Management of State-Owned Lands Fund. "State-owned lands" means forest ...

10.1-1122 Management, harvesting, sale of timber on state-owned land
A. The Department in cooperation with the Division of Engineering and Buildings shall develop a forest management plan for state-owned lands with the assistance of ...

10.1-1123 Use of Fund; management, receipt and expenditure of moneys
The Fund shall be used to defray the costs of timber sales, to develop forest management plans for state-owned lands pursuant to § 10.1-1124, and ...

10.1-1124 Counties and certain cities to pay annual sums for forest protection, etc
A. Upon presentation to its governing body of an itemized statement duly certified by the State Forester, each county in this Commonwealth, or city which ...

10.1-1125 Application of Articles 4, 5 and 6 to cities; State Forester authorized to enter into contracts wit...
A. In addition to the application of this article and Articles 5 (§ 10.1-1131 et seq.) and 6 (§ 10.1-1135 et seq.) to forestlands lying ...

10.1-1126 State Forester authorized to enter into agreements with federal agencies
The State Forester is authorized to enter into agreements, approved by the Attorney General of Virginia, with agencies of the United States government holding title ...

10.1-1126.1 Silvicultural practices; local government authority limited
A. Forestry, when practiced in accordance with accepted silvicultural best management practices as determined by the State Forester pursuant to § 10.1-1105, constitutes a beneficial ...

10.1-1127 County and city levies and appropriations
The governing bodies of the counties and those cities entering into a contract as provided in § 10.1-1125 are authorized to levy taxes and appropriate ...

10.1-1127.1 Tree conservation ordinance; civil penalties
A. The governing body of any county, city or town may adopt a tree conservation ordinance regulating the preservation and removal of heritage, specimen, memorial ...

10.1-1128 Acquisition and administration
Each county, city and town acting through its governing body, is authorized to acquire by purchase, gift or bequest tracts of land suitable for the ...

10.1-1129 Purchasing real estate outside of boundaries
Before any governing body purchases any real estate outside of the county, city or town which it represents pursuant to the provisions of § 10.1-1128, ...

10.1-1130 State Forester to furnish seedlings and technical assistance
The State Forester is authorized to supply from any forest tree nursery or nurseries forest tree seedlings and transplants necessary and suitable for reforesting any ...

10.1-1131 Authority of State Forester
The State Forester is authorized to designate, upon request of the landowner, forest trees of private forest landowners for sale or removal, by blazing or ...

10.1-1132 Administration by State Forester; services rendered
The State Forester shall administer the provisions of this article. The State Forester, or his authorized agent, upon receipt of a request from a forest ...

10.1-1133 Fees for services; free services
Upon presentation of a statement for designating, measuring or estimating services specified in § 10.1-1132, the landowner or his agent shall pay to the State ...

10.1-1134 Disposition of fees
All moneys paid to the State Forester for services described in this article shall be deposited in the state treasury to the credit of the ...

10.1-1135 Appointment and compensation of forest wardens; oath; powers
The State Forester, when he deems it necessary, may request the Governor to commission persons designated by the State Forester to act as forest wardens ...

10.1-1136 Duties of forest wardens
The duties of the forest wardens are to (i) enforce all forest and forest fire statutes and regulations of the Commonwealth, (ii) serve as forest ...

10.1-1137 Duty in case of fires and payment of costs of suppression
When any forest warden sees or receives a report of a forest fire, he shall proceed immediately to the scene of the fire and employ ...

10.1-1138 Rewards for information leading to conviction of arsonists or incendiaries
The State Forester shall be authorized, whenever it appears to him that forest fires in any part of the Commonwealth are caused by unknown arsonists ...

10.1-1139 Who may be summoned to aid forest warden
Any forest warden to whom written instructions have been issued by the State Forester authorizing him to employ persons to assist in suppressing forest fires, ...

10.1-1140 Liability of warden for trespass
No action for trespass shall lie against any forest warden on account of lawful acts done in the legal performance of his duties. (Code 1950, ...

10.1-1140.1 Defense of forest wardens
If any commissioned forest warden appointed by the State Forester is brought before any regulatory body, summoned before any grand jury, arrested, indicted or otherwise ...

10.1-1141 Liability and recovery of cost of fighting forest fires by localities and the State Foreste...
A. The State Forester in the name of the Commonwealth shall collect the costs of fire fighting performed under the direction of a forest warden ...

10.1-1142 Regulating the burning of woods, brush, etc.; penalties
A. It shall be unlawful for any owner or lessee of land to set fire to, or to procure another to set fire to, any ...

10.1-1143 Throwing inflammable objects from vehicle on highway while in or near certain lands
It shall be unlawful for any person to throw, toss or drop from a vehicle moving or standing on a highway any lighted smoking material, ...

10.1-1144 Failure to clean premises of certain mills
Any individual, firm, or corporation responsible for the operation of a saw mill, stave mill, heading mill, or any other mill in, through or near ...

10.1-1145 Failure to properly maintain logging equipment and railroad locomotives
Logging equipment and railroad locomotives operated in, through, or near forestland, brushland or fields containing dry grass or other inflammable material shall be equipped with ...

10.1-1146 Description unavailable
Repealed by Acts 1996, c. 104. ...

10.1-1147 Removal of inflammable material from lands adjoining right-of-way by railroads
For the purpose of providing increased protection to forest property from fire originating along railroads, any railroad company shall have the right, subject to the ...

10.1-1148 Fires caused by violation of provisions of article; liability to Commonwealth
Individuals and corporations causing fires by violation of any provision of this article shall be liable to the Commonwealth for (i) all damages the Commonwealth ...

10.1-1149 Southeastern Interstate Forest Fire Protection Compact
Chapter 63 of the 1956 Acts of Assembly authorizing the Governor to execute a compact to promote effective prevention and control of forest fires in ...

10.1-1150 Middle Atlantic Interstate Forest Fire Protection Compact
Chapter 6 of the 1966 Acts of Assembly authorizing the Governor to execute a compact to promote effective prevention and control of forest fires in ...

10.1-1150.1 Definitions
As used in this article unless the context requires a different meaning: "Certified prescribed burn manager" means any person who has successfully completed a certification ...

10.1-1150.2 State Forester to establish certification process
The State Forester shall develop and administer a certification process and training course for any individual who desires to become a certified prescribed burn manager. ...

10.1-1150.3 Voluntary certification
To be certified as a prescribed burn manager, a person shall: 1. Successfully complete all components of the prescribed burn course developed by the State ...

10.1-1150.4 Prescribed burn elements
Prescribed burning shall be performed in the following manner: 1. A prescription for the prescribed burn shall be prepared by a certified prescribed burn manager ...

10.1-1150.5 Liability
A. Any prescribed burning conducted in compliance with the requirements of this article, state air pollution control laws, and any rules adopted by the Virginia ...

10.1-1150.6 Revocation of certification
If the actions of any certified prescribed burn manager or the prescriptions prepared by him violate any provision of this article, state air pollution control ...

10.1-1151 Necessity for permits
No person shall hunt or trap in this Commonwealth on any lands which are under the jurisdiction and control of the Department by virtue of ...

10.1-1152 State Forester may require permits and fees
A. The State Forester is authorized, with the approval of the Board, to require any person who hunts or traps on any of the lands ...

10.1-1153 Limitations on rights of holders of permits
Each special use permit shall entitle the holder to hunt and trap, or to trap, in and upon such lands of the state forests as ...

10.1-1154 , 10.1-1155
Repealed by Acts 2007, c. 646, cl. 2. ...

10.1-1156 Funds credited to Department; disbursements
All funds paid into the state treasury pursuant to § 10.1-1152 shall be credited to the Department and maintained in the Reforestation Operations Fund to ...

10.1-1157 Punishment for violations
Any person who hunts or traps in violation of any provision of this article, or in violation of restrictions and conditions imposed by the State ...

10.1-1158 Prohibition of all open burning where serious fire hazards exist; penalty
It shall be unlawful when the forestlands, brushlands and fields in this Commonwealth or any part thereof have become so dry as to create a ...

10.1-1159 Upon proclamation of Governor certain acts made unlawful where extraordinary fire hazards exist; cl...
Upon proclamation of the Governor, it shall be unlawful, when the forestlands, brushlands and fields in the Commonwealth or any part thereof have become so ...

10.1-1160 Effect of proclamation on hunting season
When any proclamation is issued pursuant to § 10.1-1158 during any open hunting season (with the exception of any season on migratory birds or waterfowl, ...

10.1-1161 Notice of issuance, amendment or rescission of proclamation
When any proclamation is issued, amended or rescinded the Secretary of the Commonwealth shall promptly give notice thereof through a newspaper or newspapers of general ...

10.1-1162 Definitions
As used in this article unless the context requires a different meaning: "Diameter" means the distance through a tree at the point of average thickness ...

10.1-1163 Exemptions from article
A. This article shall not apply to any acre of land on which there are present at the time of final cutting of the timber ...

10.1-1164 Pine trees to be left uncut for reseeding purposes
Every landowner who cuts, or any person who cuts or procures another to cut, or any person who owns the timber at the time of ...

10.1-1165 When trees left for reseeding purposes may be cut
Pine trees which are left uncut for purposes of reseeding shall be the property of the landowner but shall not be cut until at least ...

10.1-1166 Posting or publication of notices
The State Forester shall distribute notices calling attention to the provisions of this article in conspicuous places in all counties and cities where such pine ...

10.1-1167 Penalty for violation of article
Any person violating any provision of this article shall be guilty of a misdemeanor and upon conviction shall be fined thirty dollars for each seed ...

10.1-1168 Procedure to ensure proper planting after conviction; cash deposit or bond; inspection or planting ...
When any person is convicted of failing to leave seed trees uncut as required by § 10.1-1164, the judge shall require the person so convicted ...

10.1-1169 Liability for failure to carry out planting, cutting or management plan; reforestation of area by S...
A. Any person failing to carry out, fulfill or complete any term or provision of any planting, cutting, or management plan submitted to and approved ...

10.1-1170 Administration of article
The State Forester shall administer the provisions of this article, including the protection, preservation and perpetuation of forest resources by means of reforestation to allow ...

10.1-1171 Exceptions
A. This article shall not apply to any tract of land in excess of 500 acres under the sole ownership of an individual, corporation, partnership, ...

10.1-1172 Reforestation Board; regulations
The Reforestation Board shall be appointed by the Governor and consist of the following members: three representatives of the pine pulpwood industry, three representatives of ...

10.1-1173 Authority of State Forester; reforestation options; lien
The State Forester is authorized, upon the request of a landowner, to examine timberland and make recommendations concerning reforestation. He may make available to landowners, ...

10.1-1174 Reforestation of Timberlands Fund
All moneys paid to or collected by the State Forester for rental equipment, tree seedlings, seed and material furnished, and specialized personnel services rendered to ...

10.1-1175 Certain rights of landowner not limited
This article shall not limit the right of any landowner to contract with individuals, organizations, and public bodies to provide for the utilization of the ...

10.1-1176 When provisions of article effective
This article shall not be effective during any biennium for which the General Assembly fails to appropriate from the state general fund a sum which ...

10.1-1177 Authority of Department of Forestry
The Department of Forestry is authorized to and responsible for (i) investigating insect infestations and disease infections which affect stands of forest trees, and (ii) ...

10.1-1178 Definitions
As used in this article, unless the context requires a different meaning: "Forest land" means land on which forest trees are found. "Forest trees" means ...

10.1-1179 State Forester to investigate; notice to landowners
Where an insect infestation or disease infection is believed to exist on forest land within this Commonwealth, the State Forester shall investigate the condition. Whenever ...

10.1-1180 Cooperation with individuals and public agencies
The Department of Forestry is authorized to cooperate with persons, counties, state agencies, and United States government agencies, and the appropriate authorities of adjacent states ...

10.1-1181 Control of Forest Tree Insects and Diseases Fund
A special fund in the state treasury known as the Control of Forest Tree Insects and Diseases Fund shall consist of all moneys appropriated thereto ...

10.1-1181.1 Definitions
As used in this article unless the context requires a different meaning: "Operator" means any person that operates or has operated or exercises or has ...

10.1-1181.2 Conduct of silvicultural activities; issuance of special orders
A. If the State Forester believes that an owner or operator has conducted or is conducting or has allowed or is allowing the conduct of ...

10.1-1181.3 Civil penalties
A. Any owner or operator who violates, or fails or refuses to obey any special order may be assessed a civil penalty by the State ...

10.1-1181.4 Final decisions; costs of hearing examiner
A. Any final order or decision rendered pursuant to this article shall be reduced to writing and shall contain the explicit findings of fact and ...

10.1-1181.5 Judicial review
Any person aggrieved by a final order or decision under this article shall be entitled to judicial review thereof in accordance with the Administrative Process ...

10.1-1181.6 Enforcement by injunction
Any owner or operator violating or failing, neglecting or refusing to obey any special order issued by the State Forester may be compelled in a ...

10.1-1181.7 Virginia Forest Water Quality Fund established; administration and disbursements
A. There is hereby established a special, nonreverting fund in the state treasury to be known as the Virginia Forest Water Quality Fund, hereafter referred ...

10.1-1181.8 Definitions
As used in this article, unless the context requires a different meaning: "Forester" means any person who is engaged in the science, profession and practice ...

10.1-1181.9 Requirements for forester title
In order to use the title of forester in connection with any practice of forestry the person shall hold a baccalaureate or higher degree from ...

10.1-1181.10 Activities not prohibited
The provisions of this article shall not prohibit: 1. Any person from performing forestry functions and services so long as he does not represent himself ...

10.1-1181.11 Injunctive relief
The Attorney General or any other person may apply to the circuit court in a jurisdiction where venue is proper for injunctive relief to restrain ...

10.1-1181.12 Exemption from article
The provisions of this article shall not apply to any person who supplies the Department of Forestry with information or documentation showing that such person ...