{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1168.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1168.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1168.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1168.html"}],"law_id":74307,"edition_id":1,"section_id":74307,"structure_id":15240,"section_number":"10.1-1168","catch_line":"Procedure to ensure proper planting after conviction; cash deposit or bond; inspection or planting by State Forester","history":"1956, c. 75, \u00a7 10-79.1; 1960, c. 269; 1972, c. 163; 1988, c. 891; 1996, c. 285.","full_text":"When any person is convicted of failing to leave seed trees uncut as required by \u00a7 10.1-1164, 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.\n\t\tThe 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.\n\t\tFor 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.\n\t\tA 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.\n\t\tIf, 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.\n\t\tThe 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.","order_by":null,"text":{"0":{"id":267146,"text":"When any person is convicted of failing to leave seed trees uncut as required by \u00a7 10.1-1164, 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.\n\t\tThe 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.\n\t\tFor 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.\n\t\tA 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.\n\t\tIf, 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.\n\t\tThe 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15240,"edition_id":1,"name":"Seed Trees","identifier":"9","label":"article","depth":4,"order_by":1,"parent_id":12782,"metadata":{},"date_created":"2026-06-26 03:53:14","date_modified":"2026-06-26 03:53:14","permalink":{"id":145299,"object_type":"structure","relational_id":15240,"identifier":"9","token":"10.1\/II\/11\/9","url":"\/10.1\/II\/11\/9\/","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":58012,"structure_id":15240,"section_number":"10.1-1162","catch_line":"Definitions","url":"\/10.1-1162\/","token":"10.1\/II\/11\/9\/10.1-1162","metadata":false},{"id":74163,"structure_id":15240,"section_number":"10.1-1163","catch_line":"Exemptions from article","url":"\/10.1-1163\/","token":"10.1\/II\/11\/9\/10.1-1163","metadata":false},{"id":61404,"structure_id":15240,"section_number":"10.1-1164","catch_line":"Pine trees to be left uncut for reseeding purposes","url":"\/10.1-1164\/","token":"10.1\/II\/11\/9\/10.1-1164","metadata":false},{"id":60245,"structure_id":15240,"section_number":"10.1-1165","catch_line":"When trees left for reseeding purposes may be cut","url":"\/10.1-1165\/","token":"10.1\/II\/11\/9\/10.1-1165","metadata":false},{"id":60271,"structure_id":15240,"section_number":"10.1-1166","catch_line":"Posting or publication of notices","url":"\/10.1-1166\/","token":"10.1\/II\/11\/9\/10.1-1166","metadata":false},{"id":83026,"structure_id":15240,"section_number":"10.1-1167","catch_line":"Penalty for violation of article","url":"\/10.1-1167\/","token":"10.1\/II\/11\/9\/10.1-1167","metadata":false},{"id":74307,"structure_id":15240,"section_number":"10.1-1168","catch_line":"Procedure to ensure proper planting after conviction; cash deposit or bond; inspection or planting by State Forester","url":"\/10.1-1168\/","token":"10.1\/II\/11\/9\/10.1-1168","metadata":false},{"id":61564,"structure_id":15240,"section_number":"10.1-1169","catch_line":"Liability for failure to carry out planting, cutting or management plan; reforestation of area by State Forester","url":"\/10.1-1169\/","token":"10.1\/II\/11\/9\/10.1-1169","metadata":false}],"previous_section":{"id":83026,"structure_id":15240,"section_number":"10.1-1167","catch_line":"Penalty for violation of article","url":"\/10.1-1167\/","token":"10.1\/II\/11\/9\/10.1-1167","metadata":false},"next_section":{"id":61564,"structure_id":15240,"section_number":"10.1-1169","catch_line":"Liability for failure to carry out planting, cutting or management plan; reforestation of area by State Forester","url":"\/10.1-1169\/","token":"10.1\/II\/11\/9\/10.1-1169","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1168\/","history_text":"

This law was first created in 1956. The record of its establishment is cataloged in chapter 75 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. Unfortunately, the 1956 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 269; in 1972, chapter 163; in 1988, chapter 891; in 1996, chapter 285<\/a>.<\/p>","references":false,"refers_to":[{"id":61404,"section_number":"10.1-1164","catch_line":"Pine trees to be left uncut for reseeding purposes","order_by":null,"url":"\/10.1-1164\/"}],"permalink":{"id":145325,"object_type":"law","relational_id":74307,"identifier":"10.1-1168","token":"10.1\/II\/11\/9\/10.1-1168","url":"\/10.1-1168\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1168\/","token":"10.1\/II\/11\/9\/10.1-1168","dublin_core":{"Title":"Procedure to ensure proper planting after conviction; cash deposit or bond; inspection or planting by State Forester","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1168","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When any person<\/span> is convicted of failing to leave seed trees<\/span> uncut as required by \u00a7 10.1-1164<\/a>, the judge<\/span> shall require the person<\/span> so convicted to immediately post with the court<\/span> a cash deposit or a bond<\/span> of a reputable surety<\/span> company in favor of the State Forester in the amount of thirty dollars for each seed tree<\/span> cut in violation of this article. The total amount of the cash deposit or bond<\/span> for any one acre shall not exceed $240.\n\t\tThe judge<\/span> shall cause the cash deposit or surety<\/span> bond<\/span> to be delivered to the State Forester, who shall hold the cash or surety<\/span> bond<\/span> in a special account until it is used or released as hereinafter provided. The purpose of the cash or surety<\/span> bond<\/span> is to ensure that the general cutover area on which seed trees<\/span> have been cut in violation of this article shall be planted with tree<\/span> seedlings of the same species as the trees<\/span> cut in violation of this article in a manner hereinafter specified.\n\t\tFor each acre on which trees<\/span> have been cut in violation of this article, a number up to 600, as determined by the State Forester, of tree<\/span> seedlings shall be planted on the general cutover area on which seed trees<\/span> 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<\/span> which may shade the planted seedling from direct sunlight. If stems of noncommercial species prevent the planting of tree<\/span> 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<\/span> seedlings are customarily planted in the section of the Commonwealth in which the cutover area is located. After receipt of the tree<\/span> 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<\/span> species as the seed trees<\/span> cut in violation, or if two or more seed tree<\/span> species are cut in violation, the species of the planted seedlings shall be in proportion to the seed trees<\/span> cut in violation. The above specified manner of planting and tree<\/span> species planted shall be observed whether the planting is done by the person<\/span> found in violation of this article or by the State Forester.\n\t\tA person<\/span> convicted of violating this article may plant tree<\/span> seedlings on the general cutover area of the species and in the manner specified herein within one year following the date of conviction<\/span>. Upon completion of the planting, the person<\/span> 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<\/span> in writing and return the cash deposit or surety<\/span> bond<\/span> to the person<\/span> depositing it.\n\t\tIf, 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<\/span>, 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<\/span> bond<\/span> 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<\/span> 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.\n\t\tThe State Forester shall not be required to expend for planting and forest cultural operations more than thirty dollars per seed tree<\/span> cut in violation of this article.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE TO ENSURE PROPER PLANTING AFTER CONVICTION; CASH DEPOSIT OR BOND;\nINSPECTION OR PLANTING BY STATE FORESTER (\u00a7 10.1-1168)\n\nWhen any person is convicted of failing to leave seed trees uncut as required by\n\u00a7 10.1-1164, the judge shall require the person so convicted to immediately\npost with the court a cash deposit or a bond of a reputable surety company in\nfavor of the State Forester in the amount of thirty dollars for each seed tree\ncut in violation of this article. The total amount of the cash deposit or bond\nfor any one acre shall not exceed $240.\n\t\tThe judge shall cause the cash deposit or surety bond to be delivered to the\nState Forester, who shall hold the cash or surety bond in a special account\nuntil it is used or released as hereinafter provided. The purpose of the cash or\nsurety bond is to ensure that the general cutover area on which seed trees have\nbeen cut in violation of this article shall be planted with tree seedlings of\nthe same species as the trees cut in violation of this article in a manner\nhereinafter specified.\n\t\tFor each acre on which trees have been cut in violation of this article, a\nnumber up to 600, as determined by the State Forester, of tree seedlings shall\nbe planted on the general cutover area on which seed trees were cut in\nviolation. Each seedling shall be planted in a separate hole at least six feet\nfrom any other planted seedling. Seedlings shall be planted at least six feet\nfrom any sapling or tree which may shade the planted seedling from direct\nsunlight. If stems of noncommercial species prevent the planting of tree\nseedlings in the manner herein described on any area in violation, a sufficient\nnumber of such stems shall be cut, girdled or poisoned to permit the required\nnumber of seedlings to be planted. The seedlings shall be planted during the\nperiod of the year when forest tree seedlings are customarily planted in the\nsection of the Commonwealth in which the cutover area is located. After receipt\nof the tree seedlings from the nursery, care shall be taken to keep the seedling\nroots in a moist, uninjured condition at all times prior to actual planting, and\nthe seedlings shall be planted in a careful, workmanlike manner. Planted\nseedlings shall be of the same tree species as the seed trees cut in violation,\nor if two or more seed tree species are cut in violation, the species of the\nplanted seedlings shall be in proportion to the seed trees cut in violation. The\nabove specified manner of planting and tree species planted shall be observed\nwhether the planting is done by the person found in violation of this article or\nby the State Forester.\n\t\tA person convicted of violating this article may plant tree seedlings on the\ngeneral cutover area of the species and in the manner specified herein within\none year following the date of conviction. Upon completion of the planting, the\nperson shall immediately notify the State Forester in writing that the area has\nbeen planted. The State Forester or his representative shall then inspect the\narea and if he finds the planting to be done in accordance with the\nspecifications set forth, he shall notify the person in writing and return the\ncash deposit or surety bond to the person depositing it.\n\t\tIf, upon inspection, the State Forester finds that the general cutover area or\nany part thereof has not been planted in the manner and during the period of\nyear specified, or that the area has not been planted previous to one year\nfollowing the date of conviction, the State Forester shall then plant the area\nduring the next planting season, and do such forest cultural work as he deems\nnecessary by reason of the delayed planting, keeping a careful and accurate\naccount of all costs incurred, including a reasonable administrative cost.\nFollowing completion of the planting the State Forester shall prepare a\ncertified statement showing the cost of planting, which shall be paid from the\ncash deposit, or if a surety bond has been deposited the State Forester shall\ncollect the cost of planting from the bonding company. The State Forester shall\nthen submit to the person making the deposit a certified statement of the cost\nof planting, together with any cash remaining after paying the cost of planting\nand forest cultural work.\n\t\tThe State Forester shall not be required to expend for planting and forest\ncultural operations more than thirty dollars per seed tree cut in violation of\nthis article.\n\nHISTORY: 1956, c. 75, \u00a7 10-79.1; 1960, c. 269; 1972, c. 163; 1988, c. 891;\n1996, c. 285.","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}}