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 § 10.1-1125 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 § 10.1-1125.
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.
Code 1950, § 10-46; 1964, c. 79; 1984, c. 715; 1986, c. 567; 1988, c. 891; 2008, c. 254.
Structure Code of Virginia
Chapter 11 - Forest Resources and the Department of Forestry
§ 10.1-1100. Department of Forestry; appointment of the State Forester
§ 10.1-1100.1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 10.1-1101. General powers of Department
§ 10.1-1102. Board of Forestry
§ 10.1-1103. Powers of the Board
§ 10.1-1104. General powers and duties of State Forester
§ 10.1-1105. Additional powers and duties of State Forester
§ 10.1-1105.1. Century forest program
§ 10.1-1108. Waste and unappropriated lands
§ 10.1-1109. State forests not subject to warrant, survey or patent
§ 10.1-1110. Violation of regulations for supervision of state forests, etc.
§ 10.1-1111. Kindling fires on state forests; cutting and removing timber; damaging land or timber
§ 10.1-1112. Notices relating to forest fires and trespasses
§ 10.1-1113. Not liable for trespass in performance of duties
§ 10.1-1114. Establishment of nurseries; distribution of seeds and seedlings
§ 10.1-1116. Reforestation Operations Fund
§ 10.1-1118. Account of receipts and expenditures
§ 10.1-1119.1. State Forests System Fund established
§ 10.1-1120. Forest Management of State-Owned Lands Fund
§ 10.1-1122. Management, harvesting, sale of timber on state-owned land
§ 10.1-1123. Use of Fund; management, receipt and expenditure of moneys
§ 10.1-1124. Counties and certain cities to pay annual sums for forest protection, etc.
§ 10.1-1126. State Forester authorized to enter into agreements with federal agencies
§ 10.1-1126.1. Silvicultural practices; local government authority limited
§ 10.1-1127. County and city levies and appropriations
§ 10.1-1127.1. Tree conservation ordinance; civil penalties
§ 10.1-1128. Acquisition and administration
§ 10.1-1129. Purchasing real estate outside of boundaries
§ 10.1-1130. State Forester to furnish seedlings and technical assistance
§ 10.1-1131. Authority of State Forester
§ 10.1-1132. Administration by State Forester; services rendered
§ 10.1-1133. Fees for services; free services
§ 10.1-1134. Disposition of fees
§ 10.1-1135. Appointment and compensation of forest wardens; oath; powers
§ 10.1-1136. Duties of forest wardens
§ 10.1-1137. Duty in case of fires and payment of costs of suppression
§ 10.1-1138. Rewards for information leading to conviction of arsonists or incendiaries
§ 10.1-1139. Who may be summoned to aid forest warden
§ 10.1-1140. Liability of warden for trespass
§ 10.1-1140.1. Defense of forest wardens
§ 10.1-1142. Regulating the burning of woods, brush, etc.; penalties
§ 10.1-1143. Throwing inflammable objects from vehicle on highway while in or near certain lands
§ 10.1-1144. Failure to clean premises of certain mills
§ 10.1-1145. Failure to properly maintain logging equipment and railroad locomotives
§ 10.1-1147. Removal of inflammable material from lands adjoining right-of-way by railroads
§ 10.1-1148. Fires caused by violation of provisions of article; liability to Commonwealth
§ 10.1-1149. Southeastern Interstate Forest Fire Protection Compact
§ 10.1-1150. Middle Atlantic Interstate Forest Fire Protection Compact
§ 10.1-1150.2. State Forester to establish certification process
§ 10.1-1150.3. Voluntary certification
§ 10.1-1150.4. Prescribed burn elements
§ 10.1-1150.6. Revocation of certification
§ 10.1-1151. Necessity for permits
§ 10.1-1152. State Forester may require permits and fees
§ 10.1-1153. Limitations on rights of holders of permits
§ 10.1-1156. Funds credited to Department; disbursements
§ 10.1-1157. Punishment for violations
§ 10.1-1158. Prohibition of all open burning where serious fire hazards exist; penalty
§ 10.1-1160. Effect of proclamation on hunting season
§ 10.1-1161. Notice of issuance, amendment or rescission of proclamation
§ 10.1-1163. Exemptions from article
§ 10.1-1164. Pine trees to be left uncut for reseeding purposes
§ 10.1-1165. When trees left for reseeding purposes may be cut
§ 10.1-1166. Posting or publication of notices
§ 10.1-1167. Penalty for violation of article
§ 10.1-1170. Administration of article
§ 10.1-1173. Authority of State Forester; reforestation options; lien
§ 10.1-1174. Reforestation of Timberlands Fund
§ 10.1-1175. Certain rights of landowner not limited
§ 10.1-1176. When provisions of article effective
§ 10.1-1177. Authority of Department of Forestry
§ 10.1-1179. State Forester to investigate; notice to landowners
§ 10.1-1180. Cooperation with individuals and public agencies
§ 10.1-1181. Control of Forest Tree Insects and Diseases Fund
§ 10.1-1181.2. Conduct of silvicultural activities; issuance of special orders
§ 10.1-1181.3. Civil penalties
§ 10.1-1181.4. Final decisions; costs of hearing examiner
§ 10.1-1181.5. Judicial review
§ 10.1-1181.6. Enforcement by injunction
§ 10.1-1181.7. Virginia Forest Water Quality Fund established; administration and disbursements
§ 10.1-1181.9. Requirements for forester title
§ 10.1-1181.10. Activities not prohibited
§ 10.1-1181.11. Injunctive relief