{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1126.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1126.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1126.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1126.1.html"}],"law_id":79172,"edition_id":1,"section_id":79172,"structure_id":15778,"section_number":"10.1-1126.1","catch_line":"Silvicultural practices; local government authority limited","history":"1997, c. 7.","full_text":"A\n\nForestry, when practiced in accordance with accepted silvicultural best management practices as determined by the State Forester pursuant to § 10.1-1105, constitutes a beneficial and desirable use of the Commonwealth’s forest resources.B\n\nNotwithstanding any other provision of law, silvicultural activity, as defined in § 10.1-1181.1, that (i) is conducted in accordance with the silvicultural best management practices developed and enforced by the State Forester pursuant to § 10.1-1105 and (ii) is located on property defined as real estate devoted to forest use under § 58.1-3230 or in a district established pursuant to Chapter 43 (§ 15.2-4300 et seq.) or Chapter 44 (§ 15.2-4400 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.C\n\nThe 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 (§ 10.1-1100 et seq.) of Title 10.1 or is converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163.\n\t\t\tThe 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.\n\t\t\tNothing in this section shall affect any requirement imposed pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) or imposed by a locality pursuant to the designation of a scenic highway or Virginia byway in accordance with §§ 33.2-405 through 33.2-408.","order_by":null,"text":{"0":{"id":283530,"text":"Forestry, when practiced in accordance with accepted silvicultural best management practices as determined by the State Forester pursuant to § 10.1-1105, constitutes a beneficial and desirable use of the Commonwealth’s forest resources.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283531,"text":"Notwithstanding any other provision of law, silvicultural activity, as defined in § 10.1-1181.1, that (i) is conducted in accordance with the silvicultural best management practices developed and enforced by the State Forester pursuant to § 10.1-1105 and (ii) is located on property defined as real estate devoted to forest use under § 58.1-3230 or in a district established pursuant to Chapter 43 (§ 15.2-4300 et seq.) or Chapter 44 (§ 15.2-4400 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":283532,"text":"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 (§ 10.1-1100 et seq.) of Title 10.1 or is converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163.\n\t\t\tThe 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.\n\t\t\tNothing in this section shall affect any requirement imposed pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) or imposed by a locality pursuant to the designation of a scenic highway or Virginia byway in accordance with §§ 33.2-405 through 33.2-408.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15778,"edition_id":1,"name":"Forest Protection for Cities and Counties","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12782,"metadata":{},"date_created":"2026-06-26 03:59:25","date_modified":"2026-06-26 03:59:25","permalink":{"id":145099,"object_type":"structure","relational_id":15778,"identifier":"4","token":"10.1\/II\/11\/4","url":"\/10.1\/II\/11\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12782,"edition_id":1,"name":"Forest Resources and the Department of Forestry","identifier":"11","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":144835,"object_type":"structure","relational_id":12782,"identifier":"11","token":"10.1\/II\/11","url":"\/10.1\/II\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68534,"structure_id":15778,"section_number":"10.1-1124","catch_line":"Counties and certain cities to pay annual sums for forest protection, etc","url":"\/10.1-1124\/","token":"10.1\/II\/11\/4\/10.1-1124","metadata":false},{"id":79906,"structure_id":15778,"section_number":"10.1-1125","catch_line":"Application of Articles 4, 5 and 6 to cities; State Forester authorized to enter into contracts with cities","url":"\/10.1-1125\/","token":"10.1\/II\/11\/4\/10.1-1125","metadata":false},{"id":64700,"structure_id":15778,"section_number":"10.1-1126","catch_line":"State Forester authorized to enter into agreements with federal agencies","url":"\/10.1-1126\/","token":"10.1\/II\/11\/4\/10.1-1126","metadata":false},{"id":79172,"structure_id":15778,"section_number":"10.1-1126.1","catch_line":"Silvicultural practices; local government authority limited","url":"\/10.1-1126.1\/","token":"10.1\/II\/11\/4\/10.1-1126.1","metadata":false},{"id":62417,"structure_id":15778,"section_number":"10.1-1127","catch_line":"County and city levies and appropriations","url":"\/10.1-1127\/","token":"10.1\/II\/11\/4\/10.1-1127","metadata":false},{"id":65178,"structure_id":15778,"section_number":"10.1-1127.1","catch_line":"Tree conservation ordinance; civil penalties","url":"\/10.1-1127.1\/","token":"10.1\/II\/11\/4\/10.1-1127.1","metadata":false},{"id":87415,"structure_id":15778,"section_number":"10.1-1128","catch_line":"Acquisition and administration","url":"\/10.1-1128\/","token":"10.1\/II\/11\/4\/10.1-1128","metadata":false},{"id":72951,"structure_id":15778,"section_number":"10.1-1129","catch_line":"Purchasing real estate outside of boundaries","url":"\/10.1-1129\/","token":"10.1\/II\/11\/4\/10.1-1129","metadata":false},{"id":60756,"structure_id":15778,"section_number":"10.1-1130","catch_line":"State Forester to furnish seedlings and technical assistance","url":"\/10.1-1130\/","token":"10.1\/II\/11\/4\/10.1-1130","metadata":false}],"previous_section":{"id":64700,"structure_id":15778,"section_number":"10.1-1126","catch_line":"State Forester authorized to enter into agreements with federal agencies","url":"\/10.1-1126\/","token":"10.1\/II\/11\/4\/10.1-1126","metadata":false},"next_section":{"id":62417,"structure_id":15778,"section_number":"10.1-1127","catch_line":"County and city levies and appropriations","url":"\/10.1-1127\/","token":"10.1\/II\/11\/4\/10.1-1127","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1126.1\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 7<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":68912,"section_number":"15.2-961","catch_line":"Replacement of trees during development process in certain localities","order_by":null,"url":"\/15.2-961\/"},{"id":79501,"section_number":"15.2-961.1","catch_line":"Conservation of trees during land development process in localities belonging to a nonattainment area for air quality standards","order_by":null,"url":"\/15.2-961.1\/"}],"refers_to":[{"id":74017,"section_number":"10.1-1100","catch_line":"Department of Forestry; appointment of the State Forester","order_by":null,"url":"\/10.1-1100\/"},{"id":82127,"section_number":"10.1-1105","catch_line":"Additional powers and duties of State Forester","order_by":null,"url":"\/10.1-1105\/"},{"id":74163,"section_number":"10.1-1163","catch_line":"Exemptions from article","order_by":null,"url":"\/10.1-1163\/"},{"id":58748,"section_number":"10.1-1181.1","catch_line":"Definitions","order_by":null,"url":"\/10.1-1181.1\/"},{"id":83266,"section_number":"15.2-4300","catch_line":"Short title","order_by":null,"url":"\/15.2-4300\/"},{"id":59556,"section_number":"15.2-4400","catch_line":"Short title","order_by":null,"url":"\/15.2-4400\/"},{"id":65836,"section_number":"33.2-405","catch_line":"Designation of scenic highways and Virginia byways","order_by":null,"url":"\/33.2-405\/"},{"id":58655,"section_number":"33.2-408","catch_line":"Acquisition of adjacent land","order_by":null,"url":"\/33.2-408\/"},{"id":54425,"section_number":"58.1-3230","catch_line":"Special classifications of real estate established and defined","order_by":null,"url":"\/58.1-3230\/"},{"id":72347,"section_number":"62.1-44.15:67","catch_line":"Cooperative state-local program","order_by":null,"url":"\/62.1-44.15_67\/"}],"permalink":{"id":145113,"object_type":"law","relational_id":79172,"identifier":"10.1-1126.1","token":"10.1\/II\/11\/4\/10.1-1126.1","url":"\/10.1-1126.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1126.1\/","token":"10.1\/II\/11\/4\/10.1-1126.1","dublin_core":{"Title":"Silvicultural practices; local government authority limited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1126.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Forestry, when practiced in accordance with accepted silvicultural best management practices as determined by the State Forester pursuant to § 10.1-1105<\/a>, constitutes a beneficial and desirable use of the Commonwealth’s forest resources. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any other provision of law<\/span>, silvicultural activity, as defined in § 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 § 10.1-1105<\/a> and (ii) is located on property defined as real estate devoted to forest use under § 58.1-3230<\/a> or in a district established pursuant to Chapter 43 (§ 15.2-4300<\/a> et seq.) or Chapter 44 (§ 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<\/span> and regulations shall not require a permit or impose a fee for such silvicultural activity. Local ordinances<\/span> 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<\/span> or regulation pertaining to silvicultural activity, a locality may consult with, and request a determination from, the State Forester as to whether the ordinance<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 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 (§ 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 § 10.1-1163<\/a>.\n\t\t\tThe 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.\n\t\t\tNothing in this section shall affect any requirement imposed pursuant to the Chesapeake Bay Preservation Act (§ 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 §§ 33.2-405<\/a> through 33.2-408<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSILVICULTURAL PRACTICES; LOCAL GOVERNMENT AUTHORITY LIMITED (\u00a7 10.1-1126.1)\n\nA. Forestry, when practiced in accordance with accepted silvicultural best\nmanagement practices as determined by the State Forester pursuant to §\n10.1-1105, constitutes a beneficial and desirable use of the\nCommonwealth’s forest resources.\n\nB. Notwithstanding any other provision of law, silvicultural activity, as\ndefined in § 10.1-1181.1, that (i) is conducted in accordance with the\nsilvicultural best management practices developed and enforced by the State\nForester pursuant to § 10.1-1105 and (ii) is located on property defined as\nreal estate devoted to forest use under § 58.1-3230 or in a district\nestablished pursuant to Chapter 43 (§ 15.2-4300 et seq.) or Chapter 44\n(§ 15.2-4400 et seq.) of Title 15.2, shall not be prohibited or\nunreasonably limited by a local government’s use of its police, planning\nand zoning powers. Local ordinances and regulations shall not require a permit\nor impose a fee for such silvicultural activity. Local ordinances and\nregulations pertaining to such silvicultural activity shall be reasonable and\nnecessary to protect the health, safety and welfare of citizens residing in the\nlocality, and shall not be in conflict with the purposes of promoting the\ngrowth, continuation and beneficial use of the Commonwealth’s privately\nowned forest resources. Prior to the adoption of any ordinance or regulation\npertaining to silvicultural activity, a locality may consult with, and request a\ndetermination from, the State Forester as to whether the ordinance or regulation\nconflicts with the purposes of this section. Nothing in this section shall\npreclude a locality from requiring a review by the zoning administrator, which\nshall not exceed ten working days, to determine whether a proposed silvicultural\nactivity complies with applicable local zoning requirements.\n\nC. The provisions of this section shall apply to the harvesting of timber,\nprovided that the area on which such harvesting occurs is reforested\nartificially or naturally in accordance with the provisions of Chapter 11\n(§ 10.1-1100 et seq.) of Title 10.1 or is converted to bona fide\nagricultural or improved pasture use as described in subsection B of §\n10.1-1163.\n\t\t\tThe provisions of this section shall not apply to land that has been rezoned\nor converted at the request of the owner or previous owner from an agricultural\nor rural to a residential, commercial or industrial zone or use.\n\t\t\tNothing in this section shall affect any requirement imposed pursuant to the\nChesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) or imposed by a\nlocality pursuant to the designation of a scenic highway or Virginia byway in\naccordance with §§ 33.2-405 through 33.2-408.\n\nHISTORY: 1997, c. 7.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}