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VA:10.1-1119.1
|
10.1-1119.1
|
State Forests System Fund established
|
<p>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 "the Fund." The Fund shall be established on the books of the Comptroller. All contributions from income tax refunds and any other source shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of developing and implementing conservation and education initiatives in the state forests system. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the State Forester.</p><p>1999, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0998'>998</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1119.1/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1119.2
|
10.1-1119.2
|
Office of Working Lands Preservation established
|
<p>A. The Office of Working Lands Preservation is established in the Department of Forestry under the supervision of the State Forester.</p><p>B. As used in this article, unless the context requires a different meaning:</p><p>"Fund" means the Virginia Farmland and Forestland Preservation Fund.</p><p>"Office" means the Office of Working Lands Preservation.</p><p>2024, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0010'>10</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0146'>146</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1119.2/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1119.3
|
10.1-1119.3
|
Powers and duties of the Office; Virginia Farmland and Forestland Preservation Fund
|
<p>A. The Office shall have the following powers and duties:</p><p>1. To develop, in cooperation with the Department of Small Business and Supplier Diversity, the Virginia Farm Bureau Federation, the American Farmland Trust, the Virginia Land Conservation Foundation, the Virginia Outdoors Foundation, the Virginia Association of Counties, and the Virginia Cooperative Extension, (i) model policies and practices that may be used as a guide to establish local purchase of development rights programs; (ii) criteria for the certification of local purchase of development rights programs as eligible to receive grants, loans, or other funds from public sources; and (iii) methods and sources of revenue for allocating funds to localities to purchase agricultural and forestal conservation easements;</p><p>2. To create programs to educate the public about the importance of farmland and forestland preservation to the quality of life in the Commonwealth;</p><p>3. To provide technical, professional, and other assistance to farmers on matters related to farmland and forestland preservation;</p><p>4. To provide technical, professional, and other assistance to local governments interested in developing additional farmland and forestland preservation policies and programs. Such policies and programs shall include (i) use value assessment and taxation pursuant to §§ <a href='/vacode/58.1-3230/'>58.1-3230</a> and <a href='/vacode/58.1-3231/'>58.1-3231</a>; (ii) transfer of development rights pursuant to Article 7.1 (§ <a href='/vacode/15.2-2316.1/'>15.2-2316.1</a> et seq.) of Chapter 22 of Title 15.2; (iii) agricultural and forestal districts pursuant to Chapter 43 (§ <a href='/vacode/15.2-4300/'>15.2-4300</a> et seq.) of Title 15.2; and (iv) establishment of local lease of development rights; and</p><p>5. To administer the Virginia Farm Link Program established pursuant to § 10.1-1119.4.</p><p>B. State grants shall be distributed to local purchase of development rights programs under policies, procedures, and guidelines developed by the Office. In general, for each $1 in grant moneys awarded by the Office, the applicable local purchase of development rights program of the county or city shall be required to provide a $1 match. However, as part of these policies, procedures, and guidelines developed by the Office, the Office shall include incentives that recognize and encourage counties and cities participating in use value taxation pursuant to Article 4 (§ <a href='/vacode/58.1-3229/'>58.1-3229</a> et seq.) of Chapter 32 of Title 58.1.</p><p>C. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Farmland and Forestland Preservation Fund. The Fund shall be established on the books of the Comptroller. The Fund shall consist of all moneys appropriated to it by the General Assembly and such moneys as may be made available from any other source, public or private. All moneys shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of carrying out the provisions of this article. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the State Forester.</p><p>2024, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0010'>10</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0146'>146</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1119.3/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1119.4
|
10.1-1119.4
|
Virginia Farm Link Program
|
<p>The Virginia Farm Link Program is hereby established in the Office to assist retiring farmers and individuals seeking to become active farmers in the transition of farm businesses and properties from retiring farmers to active farmers. Such assistance shall include (i) assistance in the preparation of business plans for the transition of business interests; (ii) assistance in the facilitation of transfers of existing properties and agricultural operations to interested buyers; (iii) information on innovative farming methods and techniques; (iv) research assistance on agricultural, financial, marketing, and other matters; and (v) assistance in locating conservation programs aimed at improving water quality.</p><p>2024, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0010'>10</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0146'>146</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1119.4/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1119.5
|
10.1-1119.5
|
Reporting requirements
|
<p>The State Forester shall submit a written report on the operation of the Office by December 1 of each year to the Chairmen of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources. The provisions of this article shall not preclude local purchase of development rights programs established pursuant to the Open-Space Land Act (§ <a href='/vacode/10.1-1700/'>10.1-1700</a> et seq.) from being eligible to receive grants, loans, or other funds from public sources.</p><p>2024, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0010'>10</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0146'>146</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1119.5/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1119.6
|
10.1-1119.6
|
Review of capital projects and availability of working lands
|
<p>In preparing its report on each major state project, as required in Article 2 (§ <a href='/vacode/10.1-1188/'>10.1-1188</a> et seq.) of Chapter 11.1, each state agency shall demonstrate that it has considered the impact that project would have on the availability of working farm and forest lands as required in § <a href='/vacode/10.1-1119.7/'>10.1-1119.7</a>, and has adequately considered alternatives and mitigating measures. The Department of Environmental Quality, in conducting its review of each major state project, shall ensure that such consideration has been demonstrated and shall incorporate its evaluation of the effects that project would have on the availability of working farm and forest lands in its comments to the State Forester and Governor. The procedures for review of highway and road construction projects established in accordance with subsection B of § <a href='/vacode/10.1-1188/'>10.1-1188</a> shall include provisions requiring that the factors listed in § <a href='/vacode/10.1-1119.7/'>10.1-1119.7</a> are considered as part of the review of each project.</p><p>2024, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0010'>10</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0146'>146</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1119.6/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1119.7
|
10.1-1119.7
|
Characteristics to be considered in evaluating impacts on farm and forest lands
|
<p>A. In preparing environmental impact reports in accordance with § <a href='/vacode/10.1-1119.6/'>10.1-1119.6</a>, state agencies shall consider the impact of the major state project on all farm and forest lands that:</p><p>1. Have soil classified as capability class I, II, III, or IV;</p><p>2. Have an exceptional combination of physical characteristics for the production of food, feed, fiber, forest products, forage, oilseed, and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides, and labor, and without intolerable soil erosion;</p><p>3. Are valuable for production of specific high-value food and fiber crops, such as fruits, vegetables, and nursery crops and have a special combination of soil quality, location, growing season, and moisture supply needed to economically produce sustained high quality or high yields of such crops when treated and managed according to acceptable farming methods;</p><p>4. Are of statewide or local importance for the production of food, feed, fiber, forest products, forage, or oilseed crops;</p><p>5. Have been recognized under a state program such as the Clean Water Farm Award Program or the Century Farm Program or Century Forest Program;</p><p>6. Are part of an agricultural or forestal district or are participating in a use value assessment and taxation program for real estate devoted to agricultural, horticultural, or forest use in accordance with the provisions of Article 4 (§ <a href='/vacode/58.1-3229/'>58.1-3229</a> et seq.) of Chapter 32 of Title 58.1; or</p><p>7. Make a significant contribution to the local economy or the rural character of the area where the land is located.</p><p>B. The governing body of each locality, with the cooperation of the U.S. Department of Agriculture, may designate the important farmlands within its jurisdiction. In designating important farmlands the governing body shall demonstrate that adequate provision has been made for nonagricultural uses within its jurisdiction.</p><p>C. As used in this article, "farmland" includes all land defined as follows:</p><p>"Important farmland," other than prime or unique farmland, is land that is of statewide or local importance for the production of food, feed, fiber, forage, nursery, oilseed, or other agricultural crops, as determined by the appropriate state agency or local government agency, and that the U.S. Department of Agriculture determines should be considered as farmland for the purposes of this article;</p><p>"Prime farmland" is land that has the best combination of physical and chemical characteristics for producing food, feed, fiber, forage, oilseed, nursery, and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides, and labor, and without intolerable soil erosion. Prime farmland includes land that possesses the above characteristics but is being used currently to produce livestock and timber. It does not include land already in or committed to urban development or water storage; and</p><p>"Unique farmland" is land other than prime farmland that is used for production of specific high-value food and fiber crops, as determined by the U.S. Department of Agriculture. It has the special combination of soil quality, location, growing season, and moisture supply needed to economically produce sustained high quality or high yields of specific crops when treated and managed according to acceptable farming methods.</p><p>2024, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0010'>10</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0146'>146</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1119.7/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1120
|
10.1-1120
|
Forest Management of State-Owned Lands Fund
|
<p>The Forest Management of State-Owned Lands Fund established by the legislature in 1980 is continued.</p><p>1980, c. 525, § 10-45.1; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1120/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1121
|
10.1-1121
|
Definitions
|
<p>As used in this article unless the context requires a different meaning:</p><p>"Fund" means the Forest Management of State-Owned Lands Fund.</p><p>"State-owned lands" means forest land owned or managed by the various departments, agencies and institutions of the Commonwealth and designated by the Department in cooperation with the Division of Engineering and Buildings of the Department of General Services as being of sufficient size and value to benefit from a forest management plan. State-owned land shall not include properties held or managed by the Department of Wildlife Resources, the Department of Forestry, or the Department of Conservation and Recreation.</p><p>1980, c. 525, § 10-45.2; 1981, c. 219; 1984, c. 750; 1986, c. 567; 1988, c. 891; 1989, c. 656; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0958'>958</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1121/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1122
|
10.1-1122
|
Management, harvesting, sale of timber on state-owned land
|
<p>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 affected state agencies, departments and institutions.</p><p>B. Prior to the sale of timber from state-owned lands, the proposed sale shall be first approved by the Department and by the Division of Engineering and Buildings. The Department shall make or arrange for all sales so approved and shall deposit all proceeds to the credit of the Fund, except that when sales are made from timber on land held by special fund agencies or the Department of Military Affairs, or from timber on land that is gift property specified in subsection I of § <a href='/vacode/2.2-1156/'>2.2-1156</a>, the Department shall deposit in the Fund only so much of the proceeds as are needed to defray the cost of the sale and to implement the forestry management plan on that particular tract of land. The remainder of the proceeds from such a sale shall then be paid over to the special fund agency concerned, the Department of Military Affairs, or the agency or institution holding the gift properties, to be used for the purposes of that agency, department, or institution.</p><p>1980, c. 525, § 10-45.3; 1981, c. 219; 1986, c. 567; 1988, c. 891; 2009, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0612'>612</a>; 2019, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0659'>659</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0660'>660</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0761'>761</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1122/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1123
|
10.1-1123
|
Use of Fund; management, receipt and expenditure of moneys
|
<p>The Fund shall be used to defray the costs of timber sales, to develop forest management plans for state-owned lands pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1124/'>10.1-1124</a>, and to implement those plans. The Department shall have the authority to manage, receive and expend moneys for and from the Fund for these purposes.</p><p>1980, c. 525, § 10-45.4; 1981, c. 219; 1986, c. 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1123/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1124
|
10.1-1124
|
Counties and certain cities to pay annual sums for forest protection, etc
|
<p>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 enters into a contract with the State Forester under § <a href='http://law.lis.virginia.gov/vacode/10.1-1125/'>10.1-1125</a> to provide forest fire prevention, shall repay into the state treasury annually any amounts expended in the preceding year by the State Forester in such county or city for forest protection, forest fire detection, forest fire prevention and forest fire suppression, not to exceed in any one year an amount measured by the acreage, computed, beginning July 1, 2008, upon the basis of seven cents per acre of privately owned forests in the county or city and beginning July 1, 2009, nine cents per acre, according to the most recent United States Forest Survey. In any additions or deductions of acreage from that given by this survey, any land, other than commercial orchards, sustaining as its principal cover a growth of trees or woody shrubs shall be considered forest land, irrespective of the merchantability of the growth, and cutover land shall be considered as forest land unless it has been cleared or improved for other use. Open land shall be considered as forest land when it bears at least 80 well-distributed seedlings or sprouts of woody species per acre. The amounts so repaid by the counties or cities into the state treasury shall be credited to the Forestry Operations Fund for forest protection, forest fire detection, forest fire prevention and forest fire suppression in the Commonwealth and, with such other funds as may be appropriated by the General Assembly or contributed by the United States or any governmental or private agency for these purposes, shall be used and disbursed by the State Forester for such purposes. In cities this subsection shall be subject to § <a href='http://law.lis.virginia.gov/vacode/10.1-1125/'>10.1-1125</a>.</p><p>B. In any case in which the State Forester and the governing body of any county or city cannot agree upon the additions or deductions to privately owned forest acreage in a particular county or city, or to changes in forest acreage from year to year, the question shall be submitted to the judge of the circuit court of the county or city by a summary proceeding, and the decision of the judge certified to the governing body and to the State Forester, respectively, shall be conclusive and final.</p><p>Code 1950, § 10-46; 1964, c. 79; 1984, c. 715; 1986, c. 567; 1988, c. 891; 2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0254'>254</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1124/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1125
|
10.1-1125
|
Application of Articles 4, 5 and 6 to cities; State Forester authorized to enter into contracts with cities
|
<p>A. In addition to the application of this article and Articles 5 (§ <a href='/vacode/10.1-1131/'>10.1-1131</a> et seq.) and 6 (§ 10.1-1134.1 et seq.) to forestlands lying in counties, such articles shall also apply to forestlands lying within cities. For the purposes of such articles as applied to cities, forest land shall be considered as comprising land which bears at least eighty well-distributed seedlings or sprouts of woody species per acre and which is specifically included in the provisions of the contract with the city.</p><p>B. The State Forester is authorized to enter into contracts prepared by the Attorney General with the governing body of any city in which any such forestland is located. The contract shall include provisions for the State Forester to furnish forest fire protection, prevention, detection, and suppression services and to enforce state law applicable to forest fires on forestlands upon any such lands located within a city. The services so provided by the State Forester shall be of the same general type, character, and standard as the same services provided in counties generally.</p><p>1964, c. 79, § 10-46.1; 1974, c. 216; 1984, c. 750; 1986, cc. 188, 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1125/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1126
|
10.1-1126
|
State Forester authorized to enter into agreements with federal agencies
|
<p>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 to forest land in any county, city or town. Any such agreement may include provisions for the State Forester to furnish forest fire protection, prevention, detection, and suppression services together with enforcement of state law applicable to forest fires on forestlands within such county, city or town. Costs of such services provided by the State Forester shall be reimbursed to him as provided in the agreement. The services provided by the State Forester shall be of the same general type, character, and standard as the same services provided in counties, cities and towns generally.</p><p>1974, c. 216, § 10-46.2; 1984, c. 750; 1986, cc. 188, 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1126/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1126.1
|
10.1-1126.1
|
Silvicultural practices; local government authority limited
|
<p>A. Forestry, when practiced in accordance with accepted silvicultural best management practices as determined by the State Forester pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1105/'>10.1-1105</a>, constitutes a beneficial and desirable use of the Commonwealth's forest resources.</p><p>B. Notwithstanding any other provision of law, silvicultural activity, as defined in § <a href='http://law.lis.virginia.gov/vacode/10.1-1181.1/'>10.1-1181.1</a>, that (i) is conducted in accordance with the silvicultural best management practices developed and enforced by the State Forester pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1105/'>10.1-1105</a> and (ii) is located on property defined as real estate devoted to forest use under § <a href='http://law.lis.virginia.gov/vacode/58.1-3230/'>58.1-3230</a> or in a district established pursuant to Chapter 43 (§ <a href='http://law.lis.virginia.gov/vacode/15.2-4300/'>15.2-4300</a> et seq.) or Chapter 44 (§ <a href='http://law.lis.virginia.gov/vacode/15.2-4400/'>15.2-4400</a> et seq.) of Title 15.2, shall not be prohibited or unreasonably limited by a local government's use of its police, planning and zoning powers. Local ordinances and regulations shall not require a permit or impose a fee for such silvicultural activity. Local ordinances and regulations pertaining to such silvicultural activity shall be reasonable and necessary to protect the health, safety and welfare of citizens residing in the locality, and shall not be in conflict with the purposes of promoting the growth, continuation and beneficial use of the Commonwealth's privately owned forest resources. Prior to the adoption of any ordinance or regulation pertaining to silvicultural activity, a locality may consult with, and request a determination from, the State Forester as to whether the ordinance or regulation conflicts with the purposes of this section. Nothing in this section shall preclude a locality from requiring a review by the zoning administrator, which shall not exceed ten working days, to determine whether a proposed silvicultural activity complies with applicable local zoning requirements.</p><p>C. The provisions of this section shall apply to the harvesting of timber, provided that the area on which such harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1100/'>10.1-1100</a> et seq.) of Title 10.1 or is converted to bona fide agricultural or improved pasture use as described in subsection B of § <a href='http://law.lis.virginia.gov/vacode/10.1-1163/'>10.1-1163</a>.</p><p>The provisions of this section shall not apply to land that has been rezoned or converted at the request of the owner or previous owner from an agricultural or rural to a residential, commercial or industrial zone or use.</p><p>Nothing in this section shall affect any requirement imposed pursuant to the Chesapeake Bay Preservation Act (§ <a href='http://law.lis.virginia.gov/vacode/62.1-44.15:67/'>62.1-44.15:67</a> et seq.) or imposed by a locality pursuant to the designation of a scenic highway or Virginia byway in accordance with §§ <a href='http://law.lis.virginia.gov/vacode/33.2-405/'>33.2-405</a> through <a href='http://law.lis.virginia.gov/vacode/33.2-408/'>33.2-408</a>.</p><p>1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0007'>7</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1126.1/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1127
|
10.1-1127
|
County and city levies and appropriations
|
<p>The governing bodies of the counties and those cities entering into a contract as provided in § <a href='http://law.lis.virginia.gov/vacode/10.1-1125/'>10.1-1125</a> are authorized to levy taxes and appropriate money for forest protection, improvement and management.</p><p>Code 1950, § 10-47; 1964, c. 79; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1127/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1127.1
|
10.1-1127.1
|
Tree conservation ordinance; civil penalties
|
<p>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 and street trees, as defined under subsection B of this section, when such preservation and removal are not commercial silvicultural or horticultural activities, including but not limited to planting, managing, or harvesting forest or tree crops. Such ordinance shall consider planned land use by the property owner, may include reasonable fees for the administration and enforcement of the ordinance and may provide for the appointment by the local governing body of an administrator of the ordinance.</p><p>B. Any ordinance enacted pursuant to this authority may contain reasonable provisions for the preservation and removal of heritage, specimen, memorial and street trees. For the purpose of this section the following definitions shall apply:</p><p>"Arborist" or "urban forester" means a person trained in arboriculture, forestry, landscape architecture, horticulture, or related fields and experienced in the conservation and preservation of native and ornamental trees.</p><p>"Heritage tree" means any tree that has been individually designated by the local governing body to have notable historic or cultural interest.</p><p>"Memorial tree" means any tree that has been individually designated by the local governing body to be a special commemorating memorial.</p><p>"Specimen tree" means any tree that has been individually designated by the local governing body to be notable by virtue of its outstanding size and quality for its particular species.</p><p>"Street tree" means any tree that has been individually designated by the local governing body and which grows in the street right-of-way or on private property as authorized by the owner and placed or planted there by the local government.</p><p>The designation of such trees shall be by an arborist or urban forester and shall be made by ordinance. The individual property owner of such trees shall be notified prior to the hearing on the adoption of such ordinance by certified mail.</p><p>C. The provisions of a tree conservation ordinance enacted pursuant to this section shall not apply: (i) to work conducted on federal or state property; (ii) to emergency work to protect life, limb or property; (iii) to routine installation, maintenance and repair of cable and wires used to provide cable television, electric, gas or telephone service; (iv) to activities with minor effects on trees, including but not limited to, home gardening and landscaping of individual homes; and (v) commercial silvicultural or horticultural activities, including but not limited to planting, managing, or harvesting forest or tree crops.</p><p>D. In the event that the application of any ordinance regulating the removal of heritage, specimen, memorial or street trees results in any taking of private property for a public purpose or use, the governing body shall compensate by fee or other consideration the property owner for such taking and the ordinance shall so state thereby notifying the owner of his right to seek such fee or other compensation. The provisions of Chapter 2 (§ <a href='http://law.lis.virginia.gov/vacode/25.1-200/'>25.1-200</a> et seq.) of Title 25.1 shall apply to the taking of private property for a public purpose pursuant to such local ordinance.</p><p>E. Violations of such local ordinance shall be punishable by civil penalties not to exceed $2,500 for each violation.</p><p>F. Nothing in this section shall be construed to be in derogation of the authority granted to any county, city or town by the provision of any charter or other provision of law.</p><p>1989, c. 678; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0940'>940</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1127.1/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1128
|
10.1-1128
|
Acquisition and administration
|
<p>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 growth of trees and to administer the same, as well as any lands now owned by any such locality and suitable for the growth of trees, as county, city or town forests.</p><p>Code 1950, § 10-48; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1128/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1129
|
10.1-1129
|
Purchasing real estate outside of boundaries
|
<p>Before any governing body purchases any real estate outside of the county, city or town which it represents pursuant to the provisions of § <a href='http://law.lis.virginia.gov/vacode/10.1-1128/'>10.1-1128</a>, it shall first secure the approval of the governing body of the county, city or town in which the real estate is located.</p><p>Code 1950, § 10-49; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1129/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1130
|
10.1-1130
|
State Forester to furnish seedlings and technical assistance
|
<p>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 part or all of any lands acquired or owned and administered by any county, city or town as provided in § <a href='http://law.lis.virginia.gov/vacode/10.1-1128/'>10.1-1128</a>, and to furnish technical assistance and supervision necessary for the proper management and administration of such lands and forests free of cost to counties, cities and towns. The respective counties, cities and towns shall agree to administer such lands in accordance with the practices and principles of scientific forestry as determined by the State Forester or the Board of Forestry.</p><p>Code 1950, § 10-50; 1986, c. 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1130/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1131
|
10.1-1131
|
Authority of State Forester
|
<p>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 otherwise, and to measure or estimate the volume of the trees under the terms and conditions hereinafter provided.</p><p>Code 1950, § 10-51; 1986, c. 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1131/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1132
|
10.1-1132
|
Administration by State Forester; services rendered
|
<p>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 landowner for technical forestry assistance or service, may (i) designate forest trees for removal for lumber, veneer, poles, piling, pulpwood, cordwood, ties, or other forest products, by blazing, spotting with paint, or otherwise designating in an approved manner; (ii) measure or estimate the commercial volume contained in the trees designated; (iii) furnish the forest landowner with a statement of the volume of the trees so designated and estimated; and (iv) offer general forestry advice concerning the management of the landowner's forest.</p><p>Code 1950, § 10-52; 1986, c. 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1132/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1133
|
10.1-1133
|
Fees for services; free services
|
<p>Upon presentation of a statement for designating, measuring or estimating services specified in § <a href='http://law.lis.virginia.gov/vacode/10.1-1132/'>10.1-1132</a>, the landowner or his agent shall pay to the State Forester within thirty days of receipt of the statement an amount not to exceed five percent of the sale price or fair market value of the stumpage so designated, measured or estimated. However, for the purpose of further encouraging the use of approved scientific forestry principles on the private forestlands of this Commonwealth, and to permit explanation of the application of such principles, the State Forester may, where he deems it advisable, designate, measure or estimate without charge the trees of a forest landowner on an area not in excess of ten acres.</p><p>Code 1950, § 10-53; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1133/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1134
|
10.1-1134
|
Disposition of fees
|
<p>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 Forestry Operations Fund, to be used to provide additional similar scientific forestry services to the landowners of this Commonwealth. The State Forester is hereby authorized to utilize any unobligated balances in the fire suppression fund for the purpose of acquiring replacement equipment for forestry management and protection operations.</p><p>Code 1950, § 10-54; 1984, c. 715; 1986, c. 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1134/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1134.1
|
10.1-1134.1
|
Definitions
|
<p>As used in this article, unless the context requires a different meaning:</p><p>"Orchard" means agricultural land located in the Commonwealth consisting of at least one-half acre of contiguous land dedicated to the growing of crops from trees, bushes, or vines, which crops are used or are intended to be used for commercial purposes.</p><p>"Vineyard" means agricultural land located in the Commonwealth consisting of at least one-half acre of contiguous land dedicated to the growing of grapes that are used or are intended to be used for commercial purposes.</p><p>2018, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0197'>197</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1134.1/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1135
|
10.1-1135
|
Appointment and compensation of forest wardens; oath; powers
|
<p>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 of the Commonwealth, to enforce the forest laws and, under his direction, to aid in carrying out the purposes of this chapter. Such wardens shall receive compensation as may be provided in accordance with law for the purpose. Before entering upon the duties of their office, forest wardens thus appointed shall take the proper official oath before the clerk of the court of the county or city in which they reside. While holding such office forest wardens shall be conservators of the peace. They also shall have the authority to enforce the provisions of § <a href='http://law.lis.virginia.gov/vacode/62.1-194.2/'>62.1-194.2</a>.</p><p>The State Forester may designate certain forest wardens to be special forest wardens. Special forest wardens shall have the same authority and power as sheriffs throughout the Commonwealth to enforce the forest laws.</p><p>Code 1950, § 10-55; 1964, c. 79; 1970, c. 433; 1986, cc. 188, 567; 1988, cc. 196, 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1135/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1136
|
10.1-1136
|
Duties of forest wardens
|
<p>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 fire incident commander and perform other duties as needed in the management and suppression of forest fire incidents as long as the authority granted under this section does not conflict with or diminish the lawful authority, duties, and responsibilities of fire chiefs or other fire service officers in charge, including but not limited to the provisions of Chapter 2 (§ <a href='http://law.lis.virginia.gov/vacode/27-6.1/'>27-6.1</a> et seq.) of Title 27, and (iii) protect the forests of the Commonwealth.</p><p>Code 1950, § 10-56; 1986, c. 188; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1136/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1137
|
10.1-1137
|
Duty in case of fires and payment of costs of suppression
|
<p>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 such persons and means as in his judgment are expedient and necessary to extinguish the fire, within the limits of the expense he has been authorized to incur in his instructions from the State Forester. He shall keep an itemized account of all expenses incurred and immediately send the account verified by affidavit to the State Forester.</p><p>Upon approval by the State Forester the account shall be paid from the Forestry Operations Fund.</p><p>No such payment shall be made to any person who has maliciously started the fire or to any person whose negligence caused or contributed to the setting of the fire.</p><p>Code 1950, § 10-57; 1964, c. 79; 1986, cc. 188, 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1137/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1138
|
10.1-1138
|
Rewards for information leading to conviction of arsonists or incendiaries
|
<p>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 or incendiaries, to offer a monetary reward for information sufficient to procure conviction in a court of appropriate jurisdiction of the person or persons responsible for such fire. No law-enforcement officer paid in whole or in part from public funds or employee of the Department shall be eligible to receive such reward.</p><p>All such reward money shall be paid from funds appropriated for the protection and development of the forest resources of this Commonwealth, and shall not exceed either $10,000 paid in any one fiscal year or $2,000 paid to any one person for information leading to any one conviction.</p><p>1966, c. 8, § 10-57.1; 1986, cc. 188, 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1138/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1139
|
10.1-1139
|
Who may be summoned to aid forest warden
|
<p>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, shall have the authority to summon as many able-bodied persons between eighteen and fifty years of age as may, in his discretion, be reasonably necessary to assist in extinguishing any forest fire in any county or city of the Commonwealth which is organized for forest fire control under the direction of the State Forester. Any person summoned by a forest warden to fight a forest fire shall be paid at the rate of pay provided in the Department of Forestry wage scale for fire fighting in effect in the county or city, or part thereof, in which the fire is fought. Wardens shall not summon for such service any person while engaged in maintaining the rights-of-way of railroads for the safe passage of trains, nor any station agent, operator or other person while engaged in duties necessary for the safe operation of trains.</p><p>Any person summoned who fails or refuses to assist in fighting the fire, unless the failure is due to physical inability or other valid reason, shall be guilty of a Class 4 misdemeanor.</p><p>Code 1950, § 10-59; 1964, c. 79; 1973, c. 401; 1986, c. 188; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1139/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1140
|
10.1-1140
|
Liability of warden for trespass
|
<p>No action for trespass shall lie against any forest warden on account of lawful acts done in the legal performance of his duties.</p><p>Code 1950, § 10-60; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1140/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1140.1
|
10.1-1140.1
|
Defense of forest wardens
|
<p>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 prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, the State Forester may employ special counsel approved by the Attorney General to defend the forest warden. Upon a finding that the forest warden did not violate a law or regulation resulting from the act which was subject of the investigation, the State Forester shall pay the special counsel legal fees and expenses subject to the approval of the Attorney General. The payment shall be made from funds appropriated for the administration of the Department of Forestry.</p><p>1992, c. 113.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1140.1/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1141
|
10.1-1141
|
Liability and recovery of cost of fighting forest fires by localities and the State Forester
|
<p>A. The State Forester in the name of the Commonwealth shall collect the costs of firefighting performed under the direction of a forest warden in accordance with § <a href='http://law.lis.virginia.gov/vacode/10.1-1139/'>10.1-1139</a> from any person who, negligently or intentionally without using reasonable care and precaution starts a fire or who negligently or intentionally fails to prevent its escape, which fire burns on any forestland, brushland, grassland or wasteland. Such person shall be liable for the full amount of all expenses incurred by the Commonwealth, for fighting or extinguishing such fire. All expenses collected shall be credited to the Forestry Operations Fund. It shall be the duty of the Commonwealth's attorneys to institute and prosecute proper proceedings under this section, at the instance of the State Forester.</p><p>B. Any locality may collect the costs of firefighting from any person who intentionally starts a fire and who fails to attempt to prevent its escape, which fire burns on any forestland, brushland, grassland or wasteland. Such person shall be liable for the full amount of all expenses incurred by the locality and any volunteer fire company or volunteer emergency medical services agency to fight or extinguish the fire and the reasonable administrative costs expended to collect such expenses. The locality shall remit any costs recovered on behalf of another entity to such entity.</p><p>C. The State Forester or a locality may institute an action and recover from either one or both parents of any minor, living with such parents or either of them, the cost of forest fire suppression suffered by reason of the willful or malicious destruction of, or damage to, public or private property by such minor. No more than $750 may be recovered from such parents or either of them as a result of any forest fire incident or occurrence on which such action is based.</p><p>Code 1950, §§ 10-58, 10-61; 1964, c. 79; 1986, c. 188; 1988, c. 891; 2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0835'>835</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0502'>502</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0503'>503</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1141/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1142
|
10.1-1142
|
Regulating the burning of woods, brush, etc.; penalties
|
<p>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 woods, brush, logs, leaves, grass, debris, or other inflammable material upon such land unless he previously has taken all reasonable care and precaution, by having cut and piled the same or carefully cleared around the same, to prevent the spread of such fire to lands other than those owned or leased by him. It shall also be unlawful for any employee of any such owner or lessee of land to set fire to or to procure another to set fire to any woods, brush, logs, leaves, grass, debris, or other inflammable material, upon such land unless he has taken similar precautions to prevent the spread of such fire to any other land.</p><p>B. Except as provided in subsection C, during the period February 15 through April 30 of each year, even though the precautions required by the foregoing subsection have been taken, it shall be unlawful, in any county or city or portion thereof organized for forest fire control under the direction of the State Forester, for any person to set fire to, or to procure another to set fire to, any brush, leaves, grass, debris or field containing dry grass or other inflammable material capable of spreading fire, located in or within 300 feet of any woodland, brushland, or field containing dry grass or other inflammable material, except between the hours of 4:00 p.m. and 12:00 midnight.</p><p>The provisions of this subsection shall not apply to any fires which may be set to prevent damage to orchards or vineyards by frost or freezing temperatures or be set on federal lands.</p><p>C. Subsection B shall not apply to any fire set during the period beginning February 15 through April 30 of each year, if:</p><p>1. The fire is set for "prescribed burning" that is conducted in accordance with a "prescription" and managed by a "certified prescribed burn manager" as those terms are defined in § <a href='http://law.lis.virginia.gov/vacode/10.1-1150.1/'>10.1-1150.1</a>;</p><p>2. The burn is conducted in accordance with § <a href='http://law.lis.virginia.gov/vacode/10.1-1150.4/'>10.1-1150.4</a>;</p><p>3. The State Forester has, prior to February 1, approved the prescription for the burn; and</p><p>4. The burn is being conducted for one of the following purposes: (i) control of exotic and invasive plant species that cannot be accomplished at other times of the year, (ii) wildlife habitat establishment and maintenance that cannot be accomplished at other times of the year or, (iii) management necessary for natural heritage resources.</p><p>The State Forester may on the day of any burn planned to be conducted pursuant to this subsection revoke his approval of the prescription for the burn if hazardous fire conditions exist. The State Forester may revoke the certification of any certified prescribed burn manager who violates any provision of this subsection.</p><p>D. Any person who builds a fire in the open air, or uses a fire built by another in the open air, within 150 feet of any woodland, brushland or field containing dry grass or other inflammable material, shall totally extinguish the fire before leaving the area and shall not leave the fire unattended.</p><p>E. Any person violating any provisions of this section shall be guilty of a Class 3 misdemeanor for each separate offense. If any forest fire originates as a result of the violation by any person of any provision of this section, such person shall, in addition to the above penalty, be liable to the Commonwealth for the full amount of all expenses incurred by the Commonwealth in suppressing such fire. Such amounts shall be recoverable by action brought by the State Forester in the name of the Commonwealth on behalf of the Commonwealth and credited to the Forestry Operations Fund.</p><p>Code 1950, §§ 10-62, 10-63; 1964, c. 79; 1986, c. 188; 1988, c. 891; 1996, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0074'>74</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP1008'>1008</a>; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0319'>319</a>; 2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0228'>228</a>; 2017, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0006'>6</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1142/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1143
|
10.1-1143
|
Throwing inflammable objects from vehicle on highway while in or near certain lands
|
<p>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, lighted match, lighted material of any nature, or any bomb or device liable to set fire to inflammable material on the ground while in or near any forestland, brushland or field containing inflammable vegetation or trash.</p><p>Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor for each separate offense.</p><p>1954, c. 35, § 10-64.1; 1986, c. 188; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1143/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1144
|
10.1-1144
|
Failure to clean premises of certain mills
|
<p>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 forest or brushland shall clean the premises for at least a distance of fifty yards in all directions from any fires maintained in or about, or in connection with the operation of such mill. The premises shall also be cleaned for a distance of 100 feet in all directions from any sawdust pile, slab pile, or any other inflammable material which accumulates from the operation of such mill, or all matter not essential to the operation of such mill, which is liable to take fire from any sparks emitted from such fires. When any mill is removed or ceases to operate for a period of ten consecutive days, any fire which may be burning in any sawdust pile, slab pile or other debris shall be totally extinguished unless the owner of the land on which such fire is located assumes in writing responsibility for the control of the fire. Any person, firm or corporation violating any of the provisions of this section shall be guilty of a Class 4 misdemeanor. Each day or fraction thereof on which any such mill is operated in violation of the provisions of this section and each day or fraction thereof on which fire is allowed to burn in any sawdust pile, slab pile or other inflammable debris in violation of the provisions of this section, shall be deemed a separate offense.</p><p>Whenever it is established that a forest fire originated from a fire maintained in or about any such mill, the individual, firm, or corporation, from whose mill any such fire originated shall immediately become liable for all costs incurred in fighting such fire.</p><p>Code 1950, § 10-64; 1986, c. 188; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1144/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1145
|
10.1-1145
|
Failure to properly maintain logging equipment and railroad locomotives
|
<p>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 appliances and maintained to prevent, as far as may be possible, the escape of fire and sparks from the smokestacks. Any person failing to comply with these requirements shall be guilty of a Class 4 misdemeanor for each offense committed.</p><p>Code 1950, § 10-65; 1986, c. 188; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1145/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1146
|
10.1-1146
|
Repealed
|
<p>Repealed by Acts 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0104'>104</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1146/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1147
|
10.1-1147
|
Removal of inflammable material from lands adjoining right-of-way by railroads
|
<p>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 provisions of this section, without liability for trespass to enter upon forest or brushlands for a distance of fifty feet from the railroad right-of-way and to clear from such a strip any inflammable material such as leaves, grass, dead trees, slash and brush, but shall not remove any valuable timber growth or other things of value without consent of and recompense to the owner. Not less than fifteen days prior to clearing such land, the railroad company shall give the owner notice of its intention, together with a transcript of this section, by letter deposited in the United States mail to his last known address. If the owner does not file objections to such clearings with the State Corporation Commission within ten days of the date of such notice he shall be deemed to have given consent. Upon the filing by an owner of such objection showing cause why such clearing should not be done the State Corporation Commission shall review the case and may sustain the objection of the owner or permit the clearing in whole or in part.</p><p>The State Corporation Commission may require assistance of the State Forester in furnishing information pertinent to the administration of this section.</p><p>The provisions of this section shall not apply to temporary tram roads used for hauling logs and lumber.</p><p>Code 1950, § 10-66; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1147/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1148
|
10.1-1148
|
Fires caused by violation of provisions of article; liability to Commonwealth
|
<p>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 sustained by such fire or fires, and (ii) the full amount of all expenses incurred by the Commonwealth, in fighting or extinguishing such fire.</p><p>Code 1950, § 10-67; 1964, c. 79; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1148/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1150.1
|
10.1-1150.1
|
Definitions
|
<p>As used in this article unless the context requires a different meaning:</p><p>"Certified prescribed burn manager" means any person who has successfully completed a certification process established by the State Forester under § <a href='http://law.lis.virginia.gov/vacode/10.1-1150.2/'>10.1-1150.2</a>.</p><p>"Prescribed burning" means the controlled application of fire or wildland fuels in either the natural or modified state, under specified environmental conditions, which allows a fire to be confined to a predetermined area and produces the fire behavior and fire characteristics necessary to attain planned fire treatment and ecological, silvicultural, and wildlife management objectives.</p><p>"Prescription" means a written statement defining the objectives to be attained by a prescribed burning and the conditions of temperature, humidity, wind direction and speed, fuel moisture, and soil moisture under which a fire will be allowed to burn. A prescription is generally expressed as an acceptable range of the prescription elements.</p><p>1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0156'>156</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1150.1/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1150.2
|
10.1-1150.2
|
State Forester to establish certification process
|
<p>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. The training program shall include the following subjects: the legal aspects of prescribed burning, fire behavior, prescribed burning tactics, smoke management, environmental effects, plan preparation, and safety. A final examination on these subjects shall be given to all attendees. The State Forester may charge a reasonable fee to cover the costs of the course and the examination.</p><p>1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0156'>156</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1150.2/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1150.3
|
10.1-1150.3
|
Voluntary certification
|
<p>To be certified as a prescribed burn manager, a person shall:</p><p>1. Successfully complete all components of the prescribed burn course developed by the State Forester and pass the examination developed for the course;</p><p>2. Successfully complete a training course comparable to that developed by the State Forester and pass the examination developed for Virginia's course; or</p><p>3. Demonstrate relevant past experience, complete a review course and pass the examination developed for Virginia's course.</p><p>1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0156'>156</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1150.3/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1150.4
|
10.1-1150.4
|
Prescribed burn elements
|
<p>Prescribed burning shall be performed in the following manner:</p><p>1. A prescription for the prescribed burn shall be prepared by a certified prescribed burn manager prior to the burn. The prescription shall include: (i) the landowner's name, address, and telephone number, and the telephone number of the certified prescribed burn manager who prepared the plan; (ii) a description of the area to be burned, a map of the area to be burned, the objectives of the prescribed burn, and the desired weather conditions or parameters; (iii) a summary of the methods to be used to start, control, and extinguish the prescribed burn; and (iv) a smoke management plan. The smoke management plan shall be based on guidelines presented in the Virginia Department of Forestry publication, "Voluntary Smoke Management Guidelines for Virginia," and the U.S. Forest Service's technical publication, "A Guide to Prescribed Fire in Southern Forests." A copy of the prescription shall be retained at the site throughout the period of the burning;</p><p>2. Prescribed burning shall be conducted under the direct supervision of a certified prescribed burn manager, who shall ensure that the prescribed burning is in accordance with the prescription; and</p><p>3. The nearest regional office of the Virginia Department of Forestry shall be notified prior to the burn.</p><p>1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0156'>156</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1150.4/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1150.5
|
10.1-1150.5
|
Liability
|
<p>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 Department of Forestry shall be in the public interest and shall not constitute a nuisance.</p><p>B. Any landowner or his agent who conducts a prescribed burn in compliance with the requirements of this article, state air pollution control laws, and any rules adopted by the Virginia Department of Forestry shall not be liable for any damage or injury caused by or resulting from smoke.</p><p>C. Subsections A and B of this section shall not apply whenever a nuisance or damage results from the negligent or improper conduct of the prescribed burn or when the prescribed burn elements described in § <a href='http://law.lis.virginia.gov/vacode/10.1-1150.4/'>10.1-1150.4</a> have not been complied with.</p><p>1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0156'>156</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1150.5/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1150.6
|
10.1-1150.6
|
Revocation of certification
|
<p>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 laws, or Virginia Department of Forestry rules or threaten public health and safety, his certification may be revoked by the State Forester.</p><p>1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0156'>156</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1150.6/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1151
|
10.1-1151
|
Necessity for permits
|
<p>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 purchase, gift, lease or otherwise, and are administered as state forests, without first obtaining, in addition to other licenses and permits required by law, special use permits required by the State Forester pursuant to this article.</p><p>Code 1950, § 10-68; 1986, c. 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1151/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1152
|
10.1-1152
|
State Forester may require permits and fees
|
<p>A. The State Forester is authorized to require any person who engages in certain activities authorized by regulations promulgated by the Department on any of the lands described in § <a href='/vacode/10.1-1151/'>10.1-1151</a> to obtain a special use permit. A special use permit to engage in these activities on any such lands shall be issued for a fee established by regulations promulgated by the Department.</p><p>B. The State Forester is also authorized to enter into an agreement with the Department of Wildlife Resources under which the Department of Wildlife Resources will include permits required under subsection A in its program for the sale of permits and licenses by the means and to the extent authorized by § <a href='/vacode/29.1-327/'>29.1-327</a>.</p><p>Code 1950, § 10-69; 1984, c. 715; 1986, cc. 539, 567; 1988, c. 891; 1993, c. 260; 2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0013'>13</a>; 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0646'>646</a>; 2009, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0297'>297</a>; 2012, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0484'>484</a>; 2014, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0141'>141</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0958'>958</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1152/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1153
|
10.1-1153
|
Limitations on rights of holders of permits
|
<p>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 shall be determined by the State Forester and designated on the permit, subject to all other applicable provisions of law or regulations of the Department of Wildlife Resources and to such further conditions and restrictions for safeguarding the state forests as may be imposed by the State Forester and indicated on the permit. In addition to the other provisions of law applicable to hunting and trapping on the lands of the Commonwealth, the State Forester is authorized to impose such restrictions and conditions upon hunting and trapping in the state forests as he deems proper. No such restriction or condition shall be effective for the permit holder unless the restriction or condition is written, printed, stamped or otherwise indicated on the permit.</p><p>Code 1950, § 10-70; 1986, c. 567; 1988, c. 891; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0958'>958</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1153/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1154
|
10.1-1154
|
Repealed
|
<p>Repealed by Acts 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0646'>646</a>, cl. 2.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1154/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1156
|
10.1-1156
|
Funds credited to Department; disbursements
|
<p>All funds paid into the state treasury pursuant to § <a href='/vacode/10.1-1152/'>10.1-1152</a> shall be credited to the Department and maintained in the Reforestation Operations Fund to be expended annually, in the following order:</p><p>1. From the annual gross receipts, there shall be paid the costs of preparing and issuing the permits, including compensation to the Department of Wildlife Resources, which is authorized to sell state forest special use permits;</p><p>2. The remainder may be expended by the State Forester for operation and management in such state forests. All funds expended by the State Forester in the development, management, and protection of the game resources in state forests shall be in cooperation with the Department of Wildlife Resources.</p><p>Code 1950, § 10-73; 1986, c. 567; 1988, c. 891; 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0646'>646</a>; 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0197'>197</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0248'>248</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0958'>958</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1156/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1157
|
10.1-1157
|
Punishment for violations
|
<p>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 Forester pursuant to the provisions of § <a href='http://law.lis.virginia.gov/vacode/10.1-1153/'>10.1-1153</a> shall be guilty of a Class 3 misdemeanor.</p><p>Code 1950, § 10-74; 1986, cc. 539, 567; 1988, c. 891; 2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0008'>8</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1157/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1158
|
10.1-1158
|
Prohibition of all open burning where serious fire hazards exist; penalty
|
<p>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 serious fire hazard endangering lives and property, for any persons to do any open burning nearer than 300 feet from any such forestlands, brushlands or fields containing dry grass or other flammable material.</p><p>This article shall not be effective until the Governor, upon recommendation of the State Forester, proclaims such a condition to exist in this Commonwealth or any part thereof, and it shall be in effect until the Governor proclaims such condition to have terminated.</p><p>It shall be the duty of all authorized law-enforcement officers of the Commonwealth, counties, and municipalities to enforce the provisions of this section.</p><p>Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor for each separate offense.</p><p>1986, c. 188, § 27-54.5; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1158/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1159
|
10.1-1159
|
Upon proclamation of Governor certain acts made unlawful where extraordinary fire hazards exist; closing of hunting and fishing seasons
|
<p>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 dry as to create an extraordinary fire hazard endangering lives and property, for any person, except the owner, tenant or owner's authorized agent, persons regularly engaged in cutting, processing, or moving forest products, or person on official duty, to enter or travel in any state, county, municipal or private forestlands, brushlands, marshland, fields or idle or abandoned lands in the area so affected except on public highways or well-defined private roads. During such period hunting and fishing seasons shall be closed, except hunting of migratory waterfowl and fishing as hereinafter provided, on all land and water within the Commonwealth or any geographical part thereof affected by proclamation. It shall further be unlawful during such periods for any person to hunt or fish except as hereinafter provided, smoke, burn leaves, grass, brush or debris of any type or to ignite or maintain any open fire nearer than 300 feet from any such forestlands, brushlands or fields containing inflammable vegetation or marshland adjoining such forestlands, brushlands, fields or idle or abandoned lands.</p><p>It shall not be unlawful to fish or hunt migratory waterfowl from a boat, or from a blind entirely surrounded by water and reached by a boat, or on nonforested islands at least 300 feet from the mainland shore and reached by a boat, when the boat embarks from and lands at established boat landings, and at no other time touches shore nearer than 300 feet from any forestlands, brushlands, or fields containing inflammable vegetation or marshland adjoining such areas.</p><p>It shall be the duty of all authorized law-enforcement officers of the Commonwealth, counties and municipalities to enforce the provisions of this section.</p><p>Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor for each separate offense.</p><p>1954, c. 134, § 27-54.1; 1964, c. 65; 1966, c. 302; 1986, c. 188; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1159/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1160
|
10.1-1160
|
Effect of proclamation on hunting season
|
<p>When any proclamation is issued pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1158/'>10.1-1158</a> during any open hunting season (with the exception of any season on migratory birds or waterfowl, the limits of which are prescribed by any agency of the federal government), or when the opening date of any such hunting season occurs while such proclamation is effective, the season, if open, may be extended by the Governor for a period not exceeding the number of legal hunting days during which such proclamation is in effect, beginning on the first legal hunting day after the expiration of the season. If the season is not open, it may open beginning on the first legal hunting day after such proclamation is rescinded and remain open for a period not exceeding the prescribed length of the season.</p><p>1954, c. 134, § 27-54.2; 1972, c. 150; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1160/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1161
|
10.1-1161
|
Notice of issuance, amendment or rescission of proclamation
|
<p>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 circulation in the area or areas affected. In addition, the Secretary may, in his discretion, give such additional notice as he deems necessary.</p><p>Code 1950, § 10-75; 1952, c. 417; 1956, c. 75; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1161/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1162
|
10.1-1162
|
Definitions
|
<p>As used in this article unless the context requires a different meaning:</p><p>"Diameter" means the distance through a tree at the point of average thickness as measured from outside of bark to outside of bark at a point on a trunk ten inches above the general ground level.</p><p>"Person" means any landowner, owner of timber, owner of timber rights, sawmill operator, sawmill owner, veneer wood operator, pulpwood contractor, or any person engaged in the business of severing timber from the stump.</p><p>"Tree" means any tree of a currently commercially valuable species which is six inches or more in diameter.</p><p>Code 1950, § 10-75; 1952, c. 417; 1956, c. 75; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1162/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1163
|
10.1-1163
|
Exemptions from article
|
<p>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 400 or more loblolly or white pine seedlings, singly or together, four feet or more in height.</p><p>B. This article shall not apply to any person who clears or who procures another to clear his land for bona fide agricultural or improved pasture purposes or for the purpose of subdividing such land for sale for building sites. For the purpose of this article, evidence of intent of bona fide agricultural or improved pasture use shall require, as a minimum and within twelve months from the date of completion of commercial cutting, that the land intended for such use be cleared of all trees, snags, brush, tree tops, and debris by piling and burning or otherwise disposing of same, or by enclosing the area with a well-constructed fence and planting grass seed thereon so as to make a bona fide improved pasture. In the case of clearing for building sites evidence of intent shall be the construction of dwellings or other bona fide structure in progress or completed within two years from the date of completion of commercial cutting.</p><p>C. This article shall not apply to land which has been zoned for a more intensive land use than agricultural or forestal use.</p><p>D. The provisions of this article shall not apply to any acre or acres of forest land for which a planting, cutting or management plan has been prepared, designed to provide conservation of natural resources, and which plan has been submitted to and approved by the State Forester previous to the cutting of any trees on the acre or acres concerned. If such plan has been submitted to the State Forester by registered or certified mail and he has not approved the plan, or disapproved it with a statement in writing of his reasons therefor, within a period of sixty days from the date of submission, the plan shall be deemed approved and shall be effective for the purposes of this section.</p><p>E. The State Forester may grant exemptions from this article to individual landowners who wish to grow hardwoods on their property. The State Forester may place conditions on the exemption as he deems advisable for the conservation of natural resources.</p><p>Code 1950, §§ 10-81, 10-82, 10-83; 1950, p. 58; 1952, c. 412; 1956, c. 75; 1960, c. 244; 1988, c. 891; 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0285'>285</a>; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0146'>146</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1163/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1164
|
10.1-1164
|
Pine trees to be left uncut for reseeding purposes
|
<p>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 cutting and knowingly and willfully allows to be cut, for commercial purposes, timber from ten acres or more of land on which loblolly or white pine, singly or together, occur and constitute twenty-five percent or more of the live trees on each acre or acres, shall reserve and leave uncut and uninjured not less than eight cone-bearing loblolly or white pine trees fourteen inches or larger in diameter on each acre thus cut and upon each acre on which such pine trees occur singly or together, unless there is in effect for such land a planting, cutting or management plan as provided in subsection D of § <a href='http://law.lis.virginia.gov/vacode/10.1-1163/'>10.1-1163</a>. Where eight cone-bearing loblolly or white pine trees fourteen inches or larger in diameter are not present on any particular acre, there shall be left uncut and uninjured for each such pine two cone-bearing pine trees of the largest diameter present less than fourteen inches in diameter. Such pine trees shall be left uncut for the purpose of reseeding the land and shall be healthy, windfirm, and of well-developed crowns, evidencing seed-bearing ability by the presence of cones in the crowns.</p><p>Code 1950, § 10-76; 1950, p. 58; 1952, c. 417; 1956, c. 75; 1960, c. 244; 1968, c. 73; 1988, c. 891; 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0285'>285</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1164/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1165
|
10.1-1165
|
When trees left for reseeding purposes may be cut
|
<p>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 three years have elapsed after the cutting of the timber on such lands.</p><p>Code 1950, § 10-77; 1956, c. 75; 1960, c. 244; 1972, c. 163; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1165/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1166
|
10.1-1166
|
Posting or publication of notices
|
<p>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 timber grows in appreciable quantities, and may publish notices in newspapers of general circulation in such counties and cities.</p><p>Code 1950, § 10-78; 1956, c. 75; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1166/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1167
|
10.1-1167
|
Penalty for violation of article
|
<p>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 tree cut from the land in violation of this article. The total amount of fine for any one acre shall not exceed $240.</p><p>Code 1950, § 10-79; 1950, p. 58; 1956, c. 75; 1972, c. 163; 1988, c. 891; 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0285'>285</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1167/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1168
|
10.1-1168
|
Procedure to ensure proper planting after conviction; cash deposit or bond; inspection or planting by State Forester
|
<p>When any person is convicted of failing to leave seed trees uncut as required by § <a href='http://law.lis.virginia.gov/vacode/10.1-1164/'>10.1-1164</a>, the judge shall require the person so convicted to immediately post with the court a cash deposit or a bond of a reputable surety company in favor of the State Forester in the amount of thirty dollars for each seed tree cut in violation of this article. The total amount of the cash deposit or bond for any one acre shall not exceed $240.</p><p>The judge shall cause the cash deposit or surety bond to be delivered to the State Forester, who shall hold the cash or surety bond in a special account until it is used or released as hereinafter provided. The purpose of the cash or surety bond is to ensure that the general cutover area on which seed trees have been cut in violation of this article shall be planted with tree seedlings of the same species as the trees cut in violation of this article in a manner hereinafter specified.</p><p>For each acre on which trees have been cut in violation of this article, a number up to 600, as determined by the State Forester, of tree seedlings shall be planted on the general cutover area on which seed trees were cut in violation. Each seedling shall be planted in a separate hole at least six feet from any other planted seedling. Seedlings shall be planted at least six feet from any sapling or tree which may shade the planted seedling from direct sunlight. If stems of noncommercial species prevent the planting of tree seedlings in the manner herein described on any area in violation, a sufficient number of such stems shall be cut, girdled or poisoned to permit the required number of seedlings to be planted. The seedlings shall be planted during the period of the year when forest tree seedlings are customarily planted in the section of the Commonwealth in which the cutover area is located. After receipt of the tree seedlings from the nursery, care shall be taken to keep the seedling roots in a moist, uninjured condition at all times prior to actual planting, and the seedlings shall be planted in a careful, workmanlike manner. Planted seedlings shall be of the same tree species as the seed trees cut in violation, or if two or more seed tree species are cut in violation, the species of the planted seedlings shall be in proportion to the seed trees cut in violation. The above specified manner of planting and tree species planted shall be observed whether the planting is done by the person found in violation of this article or by the State Forester.</p><p>A person convicted of violating this article may plant tree seedlings on the general cutover area of the species and in the manner specified herein within one year following the date of conviction. Upon completion of the planting, the person shall immediately notify the State Forester in writing that the area has been planted. The State Forester or his representative shall then inspect the area and if he finds the planting to be done in accordance with the specifications set forth, he shall notify the person in writing and return the cash deposit or surety bond to the person depositing it.</p><p>If, upon inspection, the State Forester finds that the general cutover area or any part thereof has not been planted in the manner and during the period of year specified, or that the area has not been planted previous to one year following the date of conviction, the State Forester shall then plant the area during the next planting season, and do such forest cultural work as he deems necessary by reason of the delayed planting, keeping a careful and accurate account of all costs incurred, including a reasonable administrative cost. Following completion of the planting the State Forester shall prepare a certified statement showing the cost of planting, which shall be paid from the cash deposit, or if a surety bond has been deposited the State Forester shall collect the cost of planting from the bonding company. The State Forester shall then submit to the person making the deposit a certified statement of the cost of planting, together with any cash remaining after paying the cost of planting and forest cultural work.</p><p>The State Forester shall not be required to expend for planting and forest cultural operations more than thirty dollars per seed tree cut in violation of this article.</p><p>1956, c. 75, § 10-79.1; 1960, c. 269; 1972, c. 163; 1988, c. 891; 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0285'>285</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1168/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1169
|
10.1-1169
|
Liability for failure to carry out planting, cutting or management plan; reforestation of area by State Forester
|
<p>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 by the State Forester as provided in subsection D of § <a href='http://law.lis.virginia.gov/vacode/10.1-1163/'>10.1-1163</a> shall be liable to the Commonwealth in a civil suit brought by the Attorney General in the name of the Commonwealth in any court of competent jurisdiction for, at least $240 per acre for each acre or part of an acre subject to such plan and legal fees incurred by the Commonwealth. All moneys collected pursuant to this subsection, exclusive of court costs and legal fees incurred by the Commonwealth, shall be delivered to the State Forester, who shall deposit the money in the Forestry Operations Fund in the state treasury until it is used or released as hereinafter provided. Such deposit may only be spent to ensure that the area for which the planting, cutting or management plan was approved by the State Forester shall be reforested in the manner hereinafter specified.</p><p>B. During the year following the date of payment of any judgment rendered in favor of the Commonwealth pursuant to subsection A of this section and at the season when forest tree seedlings are customarily planted in the section of the Commonwealth where the planting, cutting or management plan area is located, the State Forester shall plant, or cause to be planted, on the area, as many forest tree seedlings as he deems necessary to reforest the area adequately. The tree species used in reforesting the area may be the same as the pine species cut from the area, or the species may be a mixture suitable for reforesting the area, in the judgment of the State Forester.</p><p>C. If, upon inspection, the State Forester finds that the area for which the forest management plan was approved is covered with a growth of woody plants, sprouts, brush and briars of such a density as to retard or preclude the establishment and development of the planted tree seedlings, he may perform or cause to be performed forest cultural measures, such as bulldozing, disking, poisoning by spray, and similar measures, necessary to make the area suitable for the planting, establishment and development of tree seedlings.</p><p>D. The State Forester shall keep an accurate account of all costs involved, including reasonable administrative costs, and shall transfer such costs from the Forestry Operations Fund into the Department operating account for protection and development of the forest resources of the Commonwealth. If, after having complied with the reforestation provisions of this section, any money remains in the special account to the credit of any particular case, the unexpended balance shall be paid to the person against whom a judgment was rendered pursuant to the provisions of subsection A.</p><p>E. The expenditure by the State Forester for reforestation on any individual area as herein provided shall not exceed the amount of the judgment paid for the reforestation of such area.</p><p>1964, c. 235, § 10-83.01; 1972, c. 163; 1986, c. 567; 1988, c. 891; 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0285'>285</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1169/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1170
|
10.1-1170
|
Administration of article
|
<p>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 continuous growth of timber on lands suitable therefor, and is authorized to employ personnel; purchase equipment, materials, and supplies; maintain and transport equipment; and make other expenditures and payments authorized by law, and as directed by the regulations adopted for the administration of this article. In any one fiscal year, the expenditures for salaries of administrative supervisory personnel shall not exceed ten percent of the general fund appropriation and forest products taxes collected and deposited in the Reforestation of Timberlands Fund as provided in § <a href='http://law.lis.virginia.gov/vacode/10.1-1174/'>10.1-1174</a> for that particular year.</p><p>1981, c. 371, § 10-90.31; 1984, c. 750; 1986, c. 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1170/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1171
|
10.1-1171
|
Exceptions
|
<p>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, trust, association, or any other business unit, device, or arrangement.</p><p>B. This article shall not apply to any acre or part of an acre on which the landowner is receiving federal financial assistance for growing timber.</p><p>1981, c. 371, §§ 10-90.33, 10-90.34, 10-90.35; 1988, c. 891; 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0733'>733</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1171/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1172
|
10.1-1172
|
Repealed
|
<p>Repealed by Acts 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0803'>803</a> and <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0835'>835</a>, cl. 19.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1172/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1173
|
10.1-1173
|
Authority of State Forester; reforestation options; lien
|
<p>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, with or without charge, use of specialized state-owned equipment and tree seedlings, tree seed, materials, and services of specialized state personnel for the purpose of preparing land for reforestation and reforesting land devoted to growing timber, in accordance with administrative regulations.</p><p>Upon the completion of each separate reforestation project in accordance with the recommendations and approval of the State Forester, the State Forester shall determine the total cost of the project including money paid or payable to a contractor for services performed on the project, for labor, and for other costs incurred by the landowner, including a standard rental rate value for use of state-owned equipment and the cost of tree seedlings, tree seed, materials, and specialized state personnel used on the project.</p><p>The following incentive to reforesting land may be utilized by the State Forester: whenever a landowner completes a reforestation project in accordance with the recommendations and approval of the State Forester, through the use of his own equipment, material and personnel, or through the employment of a contractor where no state equipment, materials or personnel are used, or are used only in part, the State Forester shall determine the total cost of the project based on current commercial rental rate for machines similar to types used, cost of material, and cost of personnel where the landowner does his own work on the project, or based on the contractor's statement of cost or paid receipts furnished by the landowner where work is done by a contractor together with and at the standard rental value for use of any state-owned specialized equipment, tree seedlings, tree seed, materials, and specialized state personnel used on the project. The State Forester, from funds appropriated for the purposes of this article, may pay to the landowner an amount not to exceed seventy-five percent of the total cost of the project, as above determined, or ninety dollars per acre, whichever is the lesser.</p><p>1981, c. 371, § 10-90.36; 1984, c. 750; 1986, c. 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1173/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1174
|
10.1-1174
|
Reforestation of Timberlands Fund
|
<p>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 a landowner and all moneys collected or received from settlement of liens, including principal, interest and fines, authorized under this article shall be paid into the state treasury. All such moneys shall be credited by the State Comptroller as special revenues to the Reforestation of Timberlands Fund of the Department of Forestry to be expended solely for reforesting privately owned timberlands of the Commonwealth as provided in this article.</p><p>1981, c. 371, § 10-90.37; 1984, c. 750; 1986, c. 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1174/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1175
|
10.1-1175
|
Certain rights of landowner not limited
|
<p>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 land for recreational purposes, or to grant open space easements over the land to public bodies.</p><p>1981, c. 371, § 10-90.39; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1175/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1176
|
10.1-1176
|
When provisions of article effective
|
<p>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 equals or exceeds the total revenues collected from the forest products tax for the immediately preceding two years; a report of such sum shall be submitted by the State Forester to the Governor on or before November 1 of the last year of the preceding biennium.</p><p>1981, c. 371, § 10-90.38; 1988, c. 891; 1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0420'>420</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1176/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1177
|
10.1-1177
|
Authority of Department of Forestry
|
<p>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) devising and demonstrating control measures to interested persons. The State Forester shall administer the provisions of this article. Authority for quarantine procedure now vested in the Department of Agriculture and Consumer Services shall remain in that Department.</p><p>1952, c. 657, § 10-90.3; 1986, c. 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1177/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1178
|
10.1-1178
|
Definitions
|
<p>As used in this article, unless the context requires a different meaning:</p><p>"Forest land" means land on which forest trees are found.</p><p>"Forest trees" means only those trees which are a part of and constitute a stand of potential, immature, or mature commercial timber trees. The term "forest trees" includes shade trees of any species around houses, along highways and within cities and towns if the trees constitute an insect or disease menace to nearby timber trees or timber stands.</p><p>"Infection" means infection by any disease affecting forest trees which is declared by the State Forester to be dangerously injurious to forest trees.</p><p>"Infestation" means infestation by means of any insect which is declared by the State Forester to be dangerously injurious to forest trees.</p><p>"Person" includes an individual, partnership, corporation, company, society or association.</p><p>1952, c. 657, § 10-90.4; 1986, c. 539; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1178/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1179
|
10.1-1179
|
State Forester to investigate; notice to landowners
|
<p>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 he finds that an infestation or infection exists he shall give notice in writing by mail or otherwise to each forest landowner within the affected area, advising him of the nature of the infestation or infection and the recommended control measures, and offering him technical advice on methods of carrying out control measures.</p><p>1952, c. 657, § 10-90.5; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1179/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1180
|
10.1-1180
|
Cooperation with individuals and public agencies
|
<p>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 concerning forest tree insect and disease investigation and control, and to accept money, gifts and donations and to disburse the same for the purpose of carrying out the provisions of this article.</p><p>1952, c. 657, § 10-90.7; 1986, c. 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1180/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181
|
10.1-1181
|
Control of Forest Tree Insects and Diseases Fund
|
<p>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 by the General Assembly, all revenues collected under the provisions of this article, and any moneys paid into the state treasury or to the State Forester, the Board of Forestry, or the Department of Forestry by the federal government or any agency thereof to be used for the purposes of this article. All such funds are hereby appropriated to the Department of Forestry to be used to carry out the purposes of this article.</p><p>1952, c. 657, § 10-90.9; 1986, c. 567; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181.1
|
10.1-1181.1
|
Definitions
|
<p>As used in this article unless the context requires a different meaning:</p><p>"Operator" means any person that operates or has operated or exercises or has exercised control over any silvicultural activity.</p><p>"Owner" means any person that (i) owns or leases land on which silvicultural activity occurs or has occurred or (ii) owns timber on land on which silvicultural activity occurs or has occurred.</p><p>"Pollution" means such alteration of the physical, chemical or biological properties of any state waters resulting from sediment deposition as will or is likely to create a nuisance or render such waters (i) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (ii) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (iii) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses.</p><p>"Silvicultural activity" means any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation.</p><p>"Special order" means a special order or emergency special order issued under subsection B or C of § <a href='http://law.lis.virginia.gov/vacode/10.1-1181.2/'>10.1-1181.2</a>.</p><p>1993, c. 948; 1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0578'>578</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181.1/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181.10
|
10.1-1181.10
|
Activities not prohibited
|
<p>The provisions of this article shall not prohibit:</p><p>1. Any person from performing forestry functions and services so long as he does not represent himself to the public as a forester;</p><p>2. An employee or subordinate of a forester from performing forestry functions and services; or</p><p>3. The practice of any profession or occupation that is regulated by a regulatory board within the Department of Professional and Occupational Regulation or other state agency.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0447'>447</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181.10/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181.11
|
10.1-1181.11
|
Injunctive relief
|
<p>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 a person who has violated the provisions of this article.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0447'>447</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181.11/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181.12
|
10.1-1181.12
|
Exemption from article
|
<p>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 was actively engaged in the practice of forestry for a continuous period of at least ten years prior to July 1, 2002. The Department shall maintain and make available to the public a list of all persons who satisfy the requirements of this section.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0447'>447</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181.12/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181.13
|
10.1-1181.13
|
Definitions
|
<p>As used in this article, unless the context requires a different meaning:</p><p>"Construction project" means any land-disturbing activity that involves construction of infrastructure, including interstate highways, pipelines, or energy generation and transmission facilities.</p><p>"Forest mitigation" means addressing the direct and indirect adverse impacts to forests that may be caused by a construction project by avoiding and minimizing impacts to the extent practicable and then compensating for the remaining impacts.</p><p>2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0959'>959</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181.13/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181.14
|
10.1-1181.14
|
Applicability
|
<p>The provisions of this article shall not apply to any forest mitigation required by law or to any mitigation agreements entered into before July 1, 2020.</p><p>2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0959'>959</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181.14/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181.15
|
10.1-1181.15
|
Forest mitigation agreements
|
<p>A. The Secretary of Natural and Historic Resources, the Secretary of Agriculture and Forestry, or any agency within those secretariats, or the Virginia Outdoors Foundation may enter into an agreement with the owner or operator of construction projects to accomplish forest mitigation. At a minimum, any such agreement shall:</p><p>1. Document the extent to which the construction project has been designed to avoid and minimize adverse impacts to forests;</p><p>2. Provide funding for compensation for impacts that approximates at least no net loss of forest acreage and function;</p><p>3. Provide for the payment of such funds by the owner or operator to a nonprofit organization, the Virginia Outdoors Foundation, or an agency within the secretariats of Agriculture and Forestry or Natural and Historic Resources. The recipient of the funds shall establish criteria for the expenditure of the funds, shall provide such criteria to the public, and shall regularly provide to the public updated information on how funds are spent; and</p><p>4. Ensure that expenditures of the funds occur in reasonable proximity to the forest impacts that are caused by the construction project. Reasonable proximity shall be determined by the recipient of the funds and shall be based on appropriate ecological boundaries, with consideration given to communities adversely affected by the construction project.</p><p>B. Nothing in this section shall preclude the expenditure of funds (i) by the recipient of the funds for the costs of administration of the funds or (ii) for water quality protection and improvement, land conservation, or environmental education.</p><p>C. No agreement entered into pursuant to this article shall identify any specific expenditure.</p><p>D. No agreement entered into pursuant to this article shall include any waiver of liability for environmental damage caused by the construction project. No agreement entered into under this article shall guarantee regulatory approval for a construction project by any state agency.</p><p>E. No forest mitigation agreement entered into pursuant to this article shall prohibit sustainable forest management on a property receiving funding except as necessary to comply with a requirement of the Commonwealth that specific conservation values be protected on such property.</p><p>2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0959'>959</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0401'>401</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181.15/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181.2
|
10.1-1181.2
|
Conduct of silvicultural activities; issuance of special orders
|
<p>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 any silvicultural activity in a manner that is causing or is likely to cause pollution, he may enter upon the silvicultural operation for inspection to determine whether the activity is causing or likely to cause pollution and notify the owner or operator regarding the activity that is causing or likely to cause pollution and recommend (i) corrective measures and (ii) a reasonable time period to prevent, mitigate, or eliminate the pollution. If the owner or operator fails to take action to prevent, mitigate, or eliminate the pollution, the State Forester shall issue a special order pursuant to subsection B or C. Failure of the State Forester to notify an owner or operator of such corrective measures shall not impair the State Forester's authority to issue special orders pursuant to subsection B or C.</p><p>B. The State Forester shall have the authority to issue special orders to any owner or operator who has conducted or is conducting, or has allowed or is allowing to be conducted, any silvicultural activity in a manner that is causing or is likely to cause pollution, to cease immediately all or part of the silvicultural activities on the site, and to implement specified corrective measures within a stated period of time. Such special orders are to be issued only after the owner or operator has been given the opportunity for a hearing with reasonable notice to the owner or operator, or both, of the time, place and purpose thereof, and they shall become effective not less than five days after service as provided in subsection D.</p><p>C. If the State Forester finds that any owner or operator is conducting any silvicultural activity in a manner that is causing or is likely to cause an alteration of the physical, chemical or biological properties of any state waters resulting from sediment deposition presenting an imminent and substantial danger to (i) the public health, safety or welfare, or the health of animals, fish or aquatic life; (ii) a public water supply; or (iii) recreational, commercial, industrial, agricultural or other reasonable uses, the State Forester may issue, without advance notice or hearing, an emergency order directing the owner or operator, or both, to cease immediately all or part of the silvicultural activities on the site, and to implement specified corrective measures within a stated period of time. The commencement of proceedings by the State Forester for the issuance of a special order pursuant to subsection B shall not impair the State Forester's authority to issue an emergency special order pursuant to this subsection. The State Forester shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof to the owner or operator, to affirm, modify, amend or cancel such emergency special order.</p><p>D. The owner or operator to whom such special order is directed shall be notified by certified mail, return receipt requested, sent to the last known address of the owner, or operator, or by personal delivery by an agent of the State Forester, and the time limits specified shall be counted from the date of receipt.</p><p>E. The State Forester shall not issue a special order to any owner or operator who has incorporated generally acceptable water quality protection techniques in the operation of silvicultural activities, which techniques have failed to prevent pollution, if the State Forester determines that the pollution is the direct result of unusual weather events that could not have been reasonably anticipated.</p><p>F. Any hearing required under this section shall be conducted in accordance with § <a href='http://law.lis.virginia.gov/vacode/2.2-4020/'>2.2-4020</a> unless the parties consent to informal proceedings.</p><p>G. The State Forester shall not issue a notice under subsection A or a special order or emergency special order under subsection B or C more than one year after the silvicultural activity has occurred on the property. Any such notice, special order, or emergency special order shall remain in effect until the State Forester determines that corrective measures specified therein have been implemented.</p><p>H. Prior to completion but not later than three working days after the commencement of an operation, the operator shall notify the State Forester of the commercial harvesting of timber. For the purpose of this section, commercial harvesting of timber means the harvesting of trees for the primary purpose of transporting to another site for additional manufacturing. The notification may be verbal or written and shall (i) specify the location and the actual or anticipated date of the activity, (ii) include an owner's name or the owner's representative or agent and contact information, and (iii) be provided in a manner or form as prescribed by the State Forester. If an operator fails to comply with the provisions of this subsection, the State Forester may assess a civil penalty of $250 for the initial violation and not more than $1,000 for any subsequent violation within a 24-month period by the operator. Such civil penalties shall be paid into the state treasury and credited to the Virginia Forest Water Quality Fund pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1181.7/'>10.1-1181.7</a>.</p><p>1993, c. 948; 1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0578'>578</a>; 2002, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0293'>293</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0304'>304</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0376'>376</a>; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0812'>812</a>; 2004, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0228'>228</a>; 2009, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0572'>572</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181.2/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181.3
|
10.1-1181.3
|
Civil penalties
|
<p>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 Forester. Such penalty shall not exceed $5,000 for each violation. Each day of a continuing violation may be deemed a separate violation for purposes of assessing penalties. In determining the amount of the penalty, consideration shall be given to the owner's or operator's history of noncompliance; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the owner or operator was negligent; and the demonstrated good faith of the owner or operator in reporting and remedying the pollution.</p><p>B. A civil penalty may be assessed by the State Forester only after the owner or operator has been given an opportunity for a hearing. Any hearing required under this section shall be conducted in accordance with § <a href='http://law.lis.virginia.gov/vacode/2.2-4020/'>2.2-4020</a>, unless the parties consent to informal proceedings. If the owner or operator fails to avail himself of the opportunity for a formal hearing, a civil penalty shall be assessed by the State Forester after the State Forester finds that a violation of a special order has occurred and the amount of the civil penalty warranted, and issues an order requiring that the civil penalty be paid.</p><p>C. If a person who is required under this article to pay a civil penalty fails to do so, the State Forester may transmit a true copy of the final order assessing such penalty to the clerk of circuit court of any county or city wherein it is ascertained that the person owing the penalty has any estate; and the clerk to whom such copy is sent shall record it, as a judgment is required by law to be recorded, and shall index the same in the name of the Commonwealth as well as of the person owing the penalty, and thereupon there shall be a lien in favor of the Commonwealth on the property of the owner or operator within such county or city in the amount of the penalty. The State Forester may collect civil penalties that are owed in the same manner as provided by law in respect to judgment of a court of record. All civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Forest Water Quality Fund pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1181.7/'>10.1-1181.7</a>.</p><p>D. With the consent of any owner or operator who has violated or failed, neglected or refused to obey any special order of the State Forester issued pursuant to subsection B or C of § <a href='http://law.lis.virginia.gov/vacode/10.1-1181.2/'>10.1-1181.2</a>, the State Forester may provide, in an order issued by the State Forester against such owner or operator, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection A of this section. Such civil charges shall be in lieu of any civil penalty that could be imposed under subsection A of this section, and shall be placed in the Virginia Forest Water Quality Fund pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1181.7/'>10.1-1181.7</a>.</p><p>1993, c. 948; 2004, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0228'>228</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181.3/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181.4
|
10.1-1181.4
|
Final decisions; costs of hearing examiner
|
<p>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 conclusions of law upon which the decision is based. Certified copies of the written decision shall be delivered or mailed by certified mail to the parties affected by the decision.</p><p>B. If any final agency case decision is rendered following a hearing conducted in accordance with § <a href='http://law.lis.virginia.gov/vacode/2.2-4020/'>2.2-4020</a> presided over by a hearing officer, the officer shall be paid by the State Forester if the owner or operator is the prevailing party, or by the owner or operator if the State Forester is the prevailing party. The findings of the hearing officer shall specify which party prevailed in the hearing.</p><p>1993, c. 948.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181.4/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181.5
|
10.1-1181.5
|
Judicial review
|
<p>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 Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-4000/'>2.2-4000</a> et seq.). The commencement of a proceeding for judicial review under this section shall not, unless specifically ordered by the court, operate as a stay of the order or decision of the State Forester.</p><p>1993, c. 948.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181.5/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181.6
|
10.1-1181.6
|
Enforcement by injunction
|
<p>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 proceeding instituted in any appropriate circuit court by the State Forester to obey same and to comply therewith by injunction, mandamus or other appropriate remedy, without the necessity of showing that an adequate remedy at law does not exist.</p><p>1993, c. 948.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181.6/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181.7
|
10.1-1181.7
|
Virginia Forest Water Quality Fund established; administration and disbursements
|
<p>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 to as the Fund, to be used for education efforts, promoting the implementation of proper silvicultural activities, research, and monitoring the effectiveness of practices to prevent erosion and sedimentation. The Fund shall be a nonlapsing fund consisting of moneys received and credited to the Fund by the State Treasurer for civil penalties and civil charges assessed pursuant to this article. Interest earned on the Fund shall be credited to the Fund. The Fund shall be established on the books of the State Comptroller. Any money remaining in the Fund at the end of the biennium shall not revert to the general fund but shall remain in the Fund.</p><p>B. Disbursement of moneys from the Fund shall be made by the State Comptroller at the written request of the State Forester. Disbursements from the Fund may be made for the purposes set forth in subsection A of this section, including, but not limited to, personnel, administrative, and equipment costs and expenses directly incurred by the Department in connection with such purposes.</p><p>1993, c. 948.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181.7/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181.8
|
10.1-1181.8
|
Definitions
|
<p>As used in this article, unless the context requires a different meaning:</p><p>"Forester" means any person who is engaged in the science, profession and practice of forestry and who possesses the qualifications required by this article.</p><p>"Forestry" means the science, art and practice of creating, managing, using and conserving forests and associated natural resources for human benefit and in a sustainable manner to meet desired goals, needs, and values.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0447'>447</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181.8/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1181.9
|
10.1-1181.9
|
Requirements for forester title
|
<p>A. In order to use the title of forester in connection with any practice of forestry, the person shall (i) hold a baccalaureate or higher degree from a public or private institution of higher education, having completed a degree program that (a) is accredited by the Society of American Foresters (the Society) and (b) meets the minimum education criteria set forth by the Society in the fields of forest ecology and biology, management of forest resources, and forest resources policy and administration or (ii) have met the educational criteria for Certified Forester as reviewed and officially recognized in writing by the Society.</p><p>B. No person shall be appointed by the Governor to serve as State Forester unless he meets the requirements of clause (i) of subsection A.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0447'>447</a>; 2019, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0158'>158</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11/section10.1-1181.9/
|
VA:Title-10.1-Chapter-11
|
11
|
FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1182
|
10.1-1182
|
Definitions
|
<p>As used in this chapter, unless the context requires a different meaning:</p><p>"Department" means the Department of Environmental Quality.</p><p>"Director" means the Director of the Department of Environmental Quality.</p><p>"Environment" means the natural, scenic, and historic attributes of the Commonwealth.</p><p>"Environmental justice" means the fair treatment and meaningful involvement of every person, regardless of race, color, national origin, faith, disability, or income, in the development, implementation, and enforcement of environmental laws, regulations, and policies.</p><p>"Special order" means an administrative order issued to any party that has a stated duration of not more than twelve months and that may include a civil penalty of not more than $10,000.</p><p>1992, c. 887; 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP1005'>1005</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0454'>454</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1182/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1182.1
|
10.1-1182.1
|
Certified mail; subsequent mail or notices may be sent by regular mail
|
<p>Whenever in this chapter the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Department may be sent by regular mail.</p><p>2011, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0566'>566</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1182.1/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1183
|
10.1-1183
|
Creation of Department of Environmental Quality; statement of policy
|
<p>A. There is hereby created a Department of Environmental Quality by the consolidation of the programs, functions, staff, facilities, assets and obligations of the following agencies: the State Water Control Board, the Department of Air Pollution Control, the Department of Waste Management, and the Council on the Environment. Wherever in this title and in the Code of Virginia reference is made to the Department of Air Pollution Control, the Department of Waste Management or the Council on the Environment, or any division thereof, it shall mean the Department of Environmental Quality.</p><p>B. It is the policy of the Department of Environmental Quality to protect and enhance the environment of Virginia in order to promote the health and well-being of the Commonwealth's citizens, residents, and visitors in accordance with applicable laws and regulations. The purposes of the Department are:</p><p>1. To assist in the effective implementation of the Constitution of Virginia by carrying out state policies aimed at conserving the Commonwealth's natural resources and protecting its atmosphere, land, and waters from pollution.</p><p>2. To address climate change by developing and implementing policy and regulatory approaches to reducing climate pollution and promoting climate resilience in the Commonwealth and by ensuring that climate impacts and climate resilience are taken into account across all programs and permitting processes.</p><p>3. To coordinate permit review and issuance procedures to protect all aspects of Virginia's environment.</p><p>4. To further environmental justice and enhance public participation in the regulatory and permitting processes.</p><p>5. To establish and effectively implement a pollution prevention program to reduce the impact of pollutants on Virginia's natural resources.</p><p>6. To establish procedures for, and undertake, long-range environmental program planning and policy analysis, including assessments of emerging environmental challenges.</p><p>7. To conduct comprehensive evaluations of the Commonwealth's environmental protection programs.</p><p>8. To develop uniform administrative systems to ensure coherent environmental policies.</p><p>9. To coordinate state reviews with federal agencies on environmental issues, such as environmental impact statements.</p><p>10. To promote environmental quality through public hearings and expeditious and comprehensive permitting, inspection, monitoring, and enforcement programs, and provide effective service delivery to the regulated community.</p><p>11. To advise the Governor and General Assembly, and, on request, assist other officers, employees, and public bodies of the Commonwealth, on matters relating to environmental quality and the effectiveness of actions and programs designed to enhance that quality.</p><p>12. To ensure that there is consistency in the enforcement of the laws, regulations, and policies as they apply to holders of permits or certificates issued by the Department, whether the owners or operators of such regulated facilities are public sector or private sector entities, including the development of electronic recordkeeping and document transmittal systems that encourage the use of electronic methods in performing the Department's business as a means of furthering both resource conservation and transaction efficiency.</p><p>13. To ensure the fair treatment and meaningful involvement of all people regardless of race, color, national origin, faith, disability, or income with respect to the administration of environmental laws, regulations, and policies.</p><p>C. Wherever the term is used in this chapter or in other statutory or regulatory provisions that the Department administers, (i) "certified mail" means electronically certified or postal certified mail, except that this provision shall apply only to the mailing of plan approvals, permits, or certificates issued under the provisions of this chapter and those of the Air Pollution Control Law (§ <a href='/vacode/10.1-1300/'>10.1-1300</a> et seq.), the Virginia Waste Management Act (§ <a href='/vacode/10.1-1400/'>10.1-1400</a> et seq.), and the State Water Control Law (§ <a href='/vacode/62.1-44.2/'>62.1-44.2</a> et seq.), and only where the recipient has notified the Department of his consent to receive plan approvals, permits, or certificates by electronic mail, and (ii) "mail" means electronic or postal delivery. Any statutory provisions requiring use of "certified mail" to transmit special orders or administrative orders pursuant to enforcement proceedings shall mean postal certified mail.</p><p>1992, c. 887; 1999, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0207'>207</a>; 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0803'>803</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0835'>835</a>; 2013, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0348'>348</a>; 2020, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0454'>454</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0492'>492</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1183/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1183.1
|
10.1-1183.1
|
Department of Environmental Quality consolidated annual report
|
<p>A. As used in this section, "consolidated report" means the report submitted by the Department pursuant to this section in satisfaction of any requirements of §§ <a href='/vacode/10.1-1186.1/'>10.1-1186.1</a>, <a href='/vacode/10.1-1307/'>10.1-1307</a>, <a href='/vacode/10.1-1307.04/'>10.1-1307.04</a>, <a href='/vacode/10.1-1322/'>10.1-1322</a>, <a href='/vacode/10.1-1322.5/'>10.1-1322.5</a>, <a href='/vacode/10.1-1330/'>10.1-1330</a>, <a href='/vacode/10.1-1402.1/'>10.1-1402.1</a>, <a href='/vacode/10.1-1413.1/'>10.1-1413.1</a>, <a href='/vacode/10.1-1425.17/'>10.1-1425.17</a>, <a href='/vacode/62.1-44.15:6/'>62.1-44.15:6</a>, <a href='/vacode/62.1-44.17:3/'>62.1-44.17:3</a>, <a href='/vacode/62.1-44.34:21/'>62.1-44.34:21</a>, <a href='/vacode/62.1-44.40/'>62.1-44.40</a>, <a href='/vacode/62.1-69.35:2/'>62.1-69.35:2</a>, 62.1-69.44, <a href='/vacode/62.1-223.3/'>62.1-223.3</a>, and <a href='/vacode/62.1-256.2/'>62.1-256.2</a>.</p><p>B. Notwithstanding any other provision of §§ <a href='/vacode/10.1-1186.1/'>10.1-1186.1</a>, <a href='/vacode/10.1-1307/'>10.1-1307</a>, <a href='/vacode/10.1-1307.04/'>10.1-1307.04</a>, <a href='/vacode/10.1-1322/'>10.1-1322</a>, <a href='/vacode/10.1-1322.5/'>10.1-1322.5</a>, <a href='/vacode/10.1-1330/'>10.1-1330</a>, <a href='/vacode/10.1-1402.1/'>10.1-1402.1</a>, <a href='/vacode/10.1-1413.1/'>10.1-1413.1</a>, <a href='/vacode/10.1-1425.17/'>10.1-1425.17</a>, <a href='/vacode/62.1-44.15:6/'>62.1-44.15:6</a>, <a href='/vacode/62.1-44.17:3/'>62.1-44.17:3</a>, <a href='/vacode/62.1-44.34:21/'>62.1-44.34:21</a>, <a href='/vacode/62.1-44.40/'>62.1-44.40</a>, <a href='/vacode/62.1-69.35:2/'>62.1-69.35:2</a>, 62.1-69.44, <a href='/vacode/62.1-223.3/'>62.1-223.3</a>, and <a href='/vacode/62.1-256.2/'>62.1-256.2</a>, the Department shall be deemed to have satisfied the reporting requirements of those sections by submitting the consolidated report to the Governor and the General Assembly no later than October 1 of each year.</p><p>C. Each year, the consolidated report shall include the reports required pursuant to §§ <a href='/vacode/10.1-1186.1/'>10.1-1186.1</a>, <a href='/vacode/10.1-1307/'>10.1-1307</a>, <a href='/vacode/10.1-1322.5/'>10.1-1322.5</a>, <a href='/vacode/10.1-1330/'>10.1-1330</a>, <a href='/vacode/10.1-1413.1/'>10.1-1413.1</a>, <a href='/vacode/10.1-1425.17/'>10.1-1425.17</a>, <a href='/vacode/62.1-44.40/'>62.1-44.40</a>, <a href='/vacode/62.1-69.35:2/'>62.1-69.35:2</a>, <a href='https://law.lis.virginia.gov/vacode/title62.1/chapter5.5/section62.1-69.44/'>62.1-69.44</a>, and <a href='/vacode/62.1-256.2/'>62.1-256.2</a>.</p><p>D. In even-numbered years, the consolidated report shall also include the reports required pursuant to §§ <a href='/vacode/10.1-1322/'>10.1-1322</a>, <a href='/vacode/10.1-1402.1/'>10.1-1402.1</a>, and <a href='/vacode/62.1-44.15:6/'>62.1-44.15:6</a>.</p><p>E. In odd-numbered years, the consolidated report shall also include the reports required pursuant to §§ <a href='/vacode/62.1-44.17:3/'>62.1-44.17:3</a> and <a href='/vacode/62.1-44.34:21/'>62.1-44.34:21</a>.</p><p>F. Beginning in 2026 and every four years thereafter, the consolidated report shall also include the report required pursuant to § <a href='/vacode/10.1-1307.04/'>10.1-1307.04</a>.</p><p>G. Beginning in 2027 and every four years thereafter, the consolidated report shall also include the report required pursuant to § <a href='/vacode/62.1-223.3/'>62.1-223.3</a>.</p><p>2024, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0112'>112</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1183.1/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1184
|
10.1-1184
|
State Air Pollution Control Board, State Water Control Board, and Virginia Waste Management Board continued
|
<p>The State Air Pollution Control Board, State Water Control Board, and Virginia Waste Management Board are continued and shall promote the environmental quality of the Commonwealth. All policies and regulations adopted or promulgated by the State Air Pollution Control Board, State Water Control Board, Virginia Waste Management Board, and the Council on the Environment and in effect on December 31, 1992, shall continue to be in effect until and unless superseded by new policies or regulations. Representatives of the three Boards shall meet jointly at least twice a year to receive public comment and deliberate about environmental issues of concern to the Commonwealth, including the development and implementation of regulations for multimedia permitting, increased efficiencies for the processing of permit applications and information requests, the enhancement of environmental protection, and opportunities for effective public participation.</p><p>1992, c. 887; 2008, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0276'>276</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0557'>557</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1184/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1184.1
|
10.1-1184.1
|
Additional duties of Department; controversial permits
|
<p>A. For purposes of this section, "controversial permit" means an air or water permitting action for which a public hearing has been granted pursuant to the provisions of subsection C. "Controversial permit" also means an air permitting action where a public hearing is required for (i) the construction of a new major source or for a major modification to an existing source, (ii) a new fossil fuel-fired generating facility with a capacity of 500 megawatts or more, (iii) a major modification to an existing source that is a fossil fuel-fired generating facility with a capacity of 500 megawatts or more, (iv) a new fossil fuel-fired compressor station facility used to transport natural gas, or (v) a major modification to an existing source that is a fossil fuel-fired compressor station facility used to transport natural gas.</p><p>B. At each regular meeting of the Air Pollution Control Board or the State Water Control Board, the Department shall provide an overview and update regarding any controversial permits pending before the Department that are relevant to each board. Immediately after such presentation by the Department, the board shall have an opportunity to respond to the Department's presentation and provide commentary regarding such pending permits. Before rendering a final decision on a controversial permit, the Department shall publish a summary of public comments received during the applicable public comment period and public hearing. After such publication, the Department shall publish responses to the public comment summary and hold a public hearing to provide an opportunity for individuals who previously commented, either at a public hearing or in writing during the applicable public comment period, to respond to the Department's public comment summary and response. No new information shall be accepted at that time.</p><p>C. Any changes to regulations necessary to implement the provisions of this section shall include the following criteria for requesting and granting a public hearing on a permit action during a public comment period in those instances where a public hearing is not mandatory under state or federal law or regulation.</p><p>1. During the public comment period on permit action, interested persons may request a public hearing to contest such action or the terms and conditions thereof. Requests for a public hearing shall contain the following information: (i) the name and postal mailing or email address of the requester; (ii) the names and addresses of all persons for whom the requester is acting as a representative (for the purposes of this requirement, "person" includes an unincorporated association); (iii) the reason for the request for a public hearing; (iv) a brief, informal statement setting forth the factual nature and the extent of the interest of the requester or of the persons for whom the requester is acting as representative in the application or tentative determination, including an explanation of how and to what extent such interest would be directly and adversely affected by the issuance, denial, modification, or revocation of the permit in question; and (v) where possible, specific references to the terms and conditions of the permit in question, together with suggested revisions and alterations of those terms and conditions that the requester considers are needed to conform the permit to the intent and provisions of the basic laws of the State Air Pollution Control Board or the State Water Control Board, as applicable.</p><p>2. Upon completion of the public comment period on a permit action, the Director shall review all timely requests for public hearing filed during the public comment period on the permit action and within 30 calendar days following the expiration of the time period for the submission of requests shall grant a public hearing, unless the permittee or applicant agrees to a later date, if the Director finds the following: (a) that there is a significant public interest in the issuance, denial, modification, or revocation of the permit in question as evidenced by receipt of a minimum of 25 individual requests for a public hearing; (b) that the requesters raise substantial, disputed issues relevant to the issuance, denial, modification, or revocation of the permit in question; and (c) that the action requested by the interested party is not on its face inconsistent with, or in violation of, the basic laws of the State Air Pollution Control Board if the permit action is an air permit action, or the basic laws of the State Water Control Board if the permit action is a water permit action, federal law, or any regulation promulgated thereunder.</p><p>3. The Director shall, forthwith, notify by email or mail at his last known address (1) each requester and (2) the applicant or permittee of the decision to grant or deny a public hearing. If the request for a public hearing is granted, the Director shall schedule the hearing at a time between 45 and 75 days after emailing or mailing of the notice of the decision to grant the public hearing. The Director shall cause, or require the applicant to publish, notice of a public hearing to be published once, in a newspaper of general circulation in the city or county where the facility or operation that is the subject of the permit or permit application is located, at least 30 days before the hearing date. In making its decision, the Department shall consider (A) the verbal and written comments received during the public comment period and public hearing made part of the record, (B) any commentary of the Board, and (C) the agency files. The public comment period shall remain open for 15 days after the close of the public hearing if required by § <a href='/vacode/10.1-1307.01/'>10.1-1307.01</a> or § <a href='/vacode/62.1-44.15:01/'>62.1-44.15:01</a>.</p><p>4. In addition, the Director may, in his discretion, convene a public hearing on a permit action.</p><p>2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1184.1/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1184.2
|
10.1-1184.2
|
Regulations; civil penalties; written notice of violation
|
<p>Prior to assessing any civil penalty pursuant to § <a href='/vacode/10.1-1309/'>10.1-1309</a>, <a href='/vacode/10.1-1455/'>10.1-1455</a>, or <a href='/vacode/62.1-44.15/'>62.1-44.15</a> against any person for an alleged violation of a regulation adopted by a Board or permit issued by the Department, the Department shall inform such person in writing of the alleged violation, the potential penalties for such violation, and the actions necessary to achieve compliance and remediate the alleged violation. The Department may allow the person 30 days to take such actions and to provide any additional, relevant facts to the Department, including facts that demonstrate a good-faith attempt to achieve compliance. If compliance has not been achieved and the alleged violation remediated after the 30 days, the Department or the Board shall proceed in accordance with § <a href='/vacode/10.1-1309/'>10.1-1309</a>, <a href='/vacode/10.1-1455/'>10.1-1455</a>, or <a href='/vacode/62.1-44.15/'>62.1-44.15</a>, as applicable.</p><p>For purposes of this section, "Board" means the State Air Pollution Control Board, the Virginia Waste Management Board, or the State Water Control Board.</p><p>2023, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0718'>718</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1184.2/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1185
|
10.1-1185
|
Appointment of Director; powers and duties of Director
|
<p>The Department shall be headed by a Director appointed by the Governor to serve at his pleasure. The Director shall be an experienced administrator with knowledge of environmental protection and government operation and shall have demonstrated expertise in organizational management and environmental science, environmental law, or environmental policy. The Director of the Department of Environmental Quality shall, under the direction and control of the Governor, exercise such power and perform such duties as are conferred or imposed upon him by law and shall perform such other duties as may be required of him by the Governor and the following Boards: the State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board. The Director or his designee shall serve as executive officer of the aforementioned Boards.</p><p>All powers and duties conferred or imposed upon the Executive Director of the Department of Air Pollution Control, the Executive Director of the State Water Control Board, the Administrator of the Council on the Environment, and the Director of the Department of Waste Management are continued and conferred or imposed upon the Director of the Department of Environmental Quality or his designee. Wherever in this title and in the Code of Virginia reference is made to the head of a division, department or agency hereinafter transferred to this Department, it shall mean the Director of the Department of Environmental Quality.</p><p>1992, c. 887; 2008, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0276'>276</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0557'>557</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1185/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1186
|
10.1-1186
|
General powers of the Department
|
<p>The Department shall have the following general powers, any of which the Director may delegate as appropriate:</p><p>1. Employ such personnel as may be required to carry out the duties of the Department;</p><p>2. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other states, other state agencies and governmental subdivisions of the Commonwealth;</p><p>3. Accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient, or desirable;</p><p>4. Accept and administer services, property, gifts and other funds donated to the Department;</p><p>5. Implement all regulations as may be adopted by the State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board;</p><p>6. Administer, under the direction of the Boards, funds appropriated to it for environmental programs and make contracts related thereto;</p><p>7. Advise and coordinate the responses of state agencies to notices of proceedings by the State Water Control Board to consider certifications of hydropower projects under 33 U.S.C. § 1341;</p><p>8. Advise interested agencies of the Commonwealth of pending proceedings when the Department of Environmental Quality intervenes directly on behalf of the Commonwealth in a Federal Energy Regulatory Commission proceeding or when the Department of Wildlife Resources intervenes in a Federal Energy Regulatory Commission proceeding to coordinate the provision of information and testimony for use in the proceedings;</p><p>9. Notwithstanding any other provision of law and to the extent consistent with federal requirements, following a proceeding as provided in § <a href='/vacode/2.2-4019/'>2.2-4019</a>, issue special orders to any person to comply with: (i) the provisions of any law administered by the Boards, the Director or the Department, (ii) any condition of a permit or a certification, (iii) any regulations of the Boards, or (iv) any case decision, as defined in § <a href='/vacode/2.2-4001/'>2.2-4001</a>, of the Boards or Director. The issuance of a special order shall be considered a case decision as defined in § <a href='/vacode/2.2-4001/'>2.2-4001</a>. The Director shall not delegate his authority to impose civil penalties in conjunction with issuance of special orders. For purposes of this subdivision, "Boards" means the State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board; and</p><p>10. Perform all acts necessary or convenient to carry out the purposes of this chapter.</p><p>1992, c. 887; 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP1005'>1005</a>; 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0803'>803</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0835'>835</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0958'>958</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1186/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
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