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.
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.
C. This article shall not apply to land which has been zoned for a more intensive land use than agricultural or forestal use.
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.
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.
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. 285; 1997, c. 146.
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