{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1169.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1169.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1169.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1169.html"}],"law_id":61564,"edition_id":1,"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","history":"1964, c. 235, \u00a7 10-83.01; 1972, c. 163; 1986, c. 567; 1988, c. 891; 1996, c. 285.","full_text":"A\n\nAny 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 &#xA7; 10.1-1163 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.B\n\nDuring 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.C\n\nIf, 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.D\n\nThe 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.E\n\nThe 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.","order_by":null,"text":{"0":{"id":224803,"text":"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 &#xA7; 10.1-1163 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224804,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":224805,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":224806,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":224807,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1169\/","history_text":"<p>This law was first created in 1964. The record of its establishment is cataloged in chapter 235 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 1964 \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 1972, chapter 163; in 1986, chapter 567; in 1988, chapter 891; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0285\">285<\/a>.<\/p>","references":false,"refers_to":[{"id":74163,"section_number":"10.1-1163","catch_line":"Exemptions from article","order_by":null,"url":"\/10.1-1163\/"}],"permalink":{"id":145329,"object_type":"law","relational_id":61564,"identifier":"10.1-1169","token":"10.1\/II\/11\/9\/10.1-1169","url":"\/10.1-1169\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1169\/","token":"10.1\/II\/11\/9\/10.1-1169","dublin_core":{"Title":"Liability for failure to carry out planting, cutting or management plan; reforestation of area by State Forester","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1169","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any <span class=\"dictionary\">person<\/span> 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 &#xA7; <a class=\"law\" title=\"Exemptions from article\" href=\"\/10.1-1163\/\">10.1-1163<\/a> shall be liable to the Commonwealth in a civil suit brought by the <span class=\"dictionary\">Attorney General<\/span> in the name of the Commonwealth in any <span class=\"dictionary\">court<\/span> of competent <span class=\"dictionary\">jurisdiction<\/span> 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 <span class=\"dictionary\">court<\/span> 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. <a id=\"paragraph-224803\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1169\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> During the year following the date of payment of any <span class=\"dictionary\">judgment<\/span> rendered in favor of the Commonwealth pursuant to subsection A of this section and at the season when forest <span class=\"dictionary\">tree<\/span> 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 <span class=\"dictionary\">tree<\/span> seedlings as he deems necessary to reforest the area adequately. The <span class=\"dictionary\">tree<\/span> 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 <span class=\"dictionary\">judgment<\/span> of the State Forester. <a id=\"paragraph-224804\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1169\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> 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 <span class=\"dictionary\">tree<\/span> 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 <span class=\"dictionary\">tree<\/span> seedlings. <a id=\"paragraph-224805\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1169\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> 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 <span class=\"dictionary\">person<\/span> against whom a <span class=\"dictionary\">judgment<\/span> was rendered pursuant to the provisions of subsection A. <a id=\"paragraph-224806\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1169\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The expenditure by the State Forester for reforestation on any individual area as herein provided shall not exceed the amount of the <span class=\"dictionary\">judgment<\/span> paid for the reforestation of such area. <a id=\"paragraph-224807\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1169\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nLIABILITY FOR FAILURE TO CARRY OUT PLANTING, CUTTING OR MANAGEMENT PLAN;\nREFORESTATION OF AREA BY STATE FORESTER (\u00a7 10.1-1169)\n\nA. Any person failing to carry out, fulfill or complete any term or provision of\nany planting, cutting, or management plan submitted to and approved by the State\nForester as provided in subsection D of &#xA7; 10.1-1163 shall be liable to the\nCommonwealth in a civil suit brought by the Attorney General in the name of the\nCommonwealth in any court of competent jurisdiction for, at least $240 per acre\nfor each acre or part of an acre subject to such plan and legal fees incurred by\nthe Commonwealth. All moneys collected pursuant to this subsection, exclusive of\ncourt costs and legal fees incurred by the Commonwealth, shall be delivered to\nthe State Forester, who shall deposit the money in the Forestry Operations Fund\nin the state treasury until it is used or released as hereinafter provided. Such\ndeposit may only be spent to ensure that the area for which the planting,\ncutting or management plan was approved by the State Forester shall be\nreforested in the manner hereinafter specified.\n\nB. During the year following the date of payment of any judgment rendered in\nfavor of the Commonwealth pursuant to subsection A of this section and at the\nseason when forest tree seedlings are customarily planted in the section of the\nCommonwealth where the planting, cutting or management plan area is located, the\nState Forester shall plant, or cause to be planted, on the area, as many forest\ntree seedlings as he deems necessary to reforest the area adequately. The tree\nspecies used in reforesting the area may be the same as the pine species cut\nfrom the area, or the species may be a mixture suitable for reforesting the\narea, in the judgment of the State Forester.\n\nC. If, upon inspection, the State Forester finds that the area for which the\nforest management plan was approved is covered with a growth of woody plants,\nsprouts, brush and briars of such a density as to retard or preclude the\nestablishment and development of the planted tree seedlings, he may perform or\ncause to be performed forest cultural measures, such as bulldozing, disking,\npoisoning by spray, and similar measures, necessary to make the area suitable\nfor the planting, establishment and development of tree seedlings.\n\nD. The State Forester shall keep an accurate account of all costs involved,\nincluding reasonable administrative costs, and shall transfer such costs from\nthe Forestry Operations Fund into the Department operating account for\nprotection and development of the forest resources of the Commonwealth. If,\nafter having complied with the reforestation provisions of this section, any\nmoney remains in the special account to the credit of any particular case, the\nunexpended balance shall be paid to the person against whom a judgment was\nrendered pursuant to the provisions of subsection A.\n\nE. The expenditure by the State Forester for reforestation on any individual\narea as herein provided shall not exceed the amount of the judgment paid for the\nreforestation of such area.\n\nHISTORY: 1964, c. 235, \u00a7 10-83.01; 1972, c. 163; 1986, c. 567; 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}}