{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1181.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1181.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1181.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1181.2.html"}],"law_id":62947,"edition_id":1,"section_id":62947,"structure_id":15355,"section_number":"10.1-1181.2","catch_line":"Conduct of silvicultural activities; issuance of special orders","history":"1993, c. 948; 1998, c. 578; 2002, cc. 293, 304, 376; 2003, c. 812; 2004, c. 228; 2009, c. 572.","full_text":"A\n\nIf the State Forester believes that an owner or operator has conducted or is conducting or has allowed or is allowing the conduct of any silvicultural activity in a manner that is causing or is likely to cause pollution, he may enter upon the silvicultural operation for inspection to determine whether the activity is causing or likely to cause pollution and notify the owner or operator regarding the activity that is causing or likely to cause pollution and recommend (i) corrective measures and (ii) a reasonable time period to prevent, mitigate, or eliminate the pollution. If the owner or operator fails to take action to prevent, mitigate, or eliminate the pollution, the State Forester shall issue a special order pursuant to subsection B or C. Failure of the State Forester to notify an owner or operator of such corrective measures shall not impair the State Forester&#8217;s authority to issue special orders pursuant to subsection B or C.B\n\nThe State Forester shall have the authority to issue special orders to any owner or operator who has conducted or is conducting, or has allowed or is allowing to be conducted, any silvicultural activity in a manner that is causing or is likely to cause pollution, to cease immediately all or part of the silvicultural activities on the site, and to implement specified corrective measures within a stated period of time. Such special orders are to be issued only after the owner or operator has been given the opportunity for a hearing with reasonable notice to the owner or operator, or both, of the time, place and purpose thereof, and they shall become effective not less than five days after service as provided in subsection D.C\n\nIf the State Forester finds that any owner or operator is conducting any silvicultural activity in a manner that is causing or is likely to cause an alteration of the physical, chemical or biological properties of any state waters resulting from sediment deposition presenting an imminent and substantial danger to (i) the public health, safety or welfare, or the health of animals, fish or aquatic life; (ii) a public water supply; or (iii) recreational, commercial, industrial, agricultural or other reasonable uses, the State Forester may issue, without advance notice or hearing, an emergency order directing the owner or operator, or both, to cease immediately all or part of the silvicultural activities on the site, and to implement specified corrective measures within a stated period of time. The commencement of proceedings by the State Forester for the issuance of a special order pursuant to subsection B shall not impair the State Forester&#8217;s authority to issue an emergency special order pursuant to this subsection. The State Forester shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof to the owner or operator, to affirm, modify, amend or cancel such emergency special order.D\n\nThe owner or operator to whom such special order is directed shall be notified by certified mail, return receipt requested, sent to the last known address of the owner, or operator, or by personal delivery by an agent of the State Forester, and the time limits specified shall be counted from the date of receipt.E\n\nThe State Forester shall not issue a special order to any owner or operator who has incorporated generally acceptable water quality protection techniques in the operation of silvicultural activities, which techniques have failed to prevent pollution, if the State Forester determines that the pollution is the direct result of unusual weather events that could not have been reasonably anticipated.F\n\nAny hearing required under this section shall be conducted in accordance with &#xA7; 2.2-4020 unless the parties consent to informal proceedings.G\n\nThe State Forester shall not issue a notice under subsection A or a special order or emergency special order under subsection B or C more than one year after the silvicultural activity has occurred on the property. Any such notice, special order, or emergency special order shall remain in effect until the State Forester determines that corrective measures specified therein have been implemented.H\n\nPrior to completion but not later than three working days after the commencement of an operation, the operator shall notify the State Forester of the commercial harvesting of timber. For the purpose of this section, commercial harvesting of timber means the harvesting of trees for the primary purpose of transporting to another site for additional manufacturing. The notification may be verbal or written and shall (i) specify the location and the actual or anticipated date of the activity, (ii) include an owner&#8217;s name or the owner&#8217;s representative or agent and contact information, and (iii) be provided in a manner or form as prescribed by the State Forester. If an operator fails to comply with the provisions of this subsection, the State Forester may assess a civil penalty of $250 for the initial violation and not more than $1,000 for any subsequent violation within a 24-month period by the operator. Such civil penalties shall be paid into the state treasury and credited to the Virginia Forest Water Quality Fund pursuant to &#xA7; 10.1-1181.7.","order_by":null,"text":{"0":{"id":229599,"text":"If the State Forester believes that an owner or operator has conducted or is conducting or has allowed or is allowing the conduct of any silvicultural activity in a manner that is causing or is likely to cause pollution, he may enter upon the silvicultural operation for inspection to determine whether the activity is causing or likely to cause pollution and notify the owner or operator regarding the activity that is causing or likely to cause pollution and recommend (i) corrective measures and (ii) a reasonable time period to prevent, mitigate, or eliminate the pollution. If the owner or operator fails to take action to prevent, mitigate, or eliminate the pollution, the State Forester shall issue a special order pursuant to subsection B or C. Failure of the State Forester to notify an owner or operator of such corrective measures shall not impair the State Forester&#8217;s authority to issue special orders pursuant to subsection B or C.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":229600,"text":"The State Forester shall have the authority to issue special orders to any owner or operator who has conducted or is conducting, or has allowed or is allowing to be conducted, any silvicultural activity in a manner that is causing or is likely to cause pollution, to cease immediately all or part of the silvicultural activities on the site, and to implement specified corrective measures within a stated period of time. Such special orders are to be issued only after the owner or operator has been given the opportunity for a hearing with reasonable notice to the owner or operator, or both, of the time, place and purpose thereof, and they shall become effective not less than five days after service as provided in subsection D.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":229601,"text":"If the State Forester finds that any owner or operator is conducting any silvicultural activity in a manner that is causing or is likely to cause an alteration of the physical, chemical or biological properties of any state waters resulting from sediment deposition presenting an imminent and substantial danger to (i) the public health, safety or welfare, or the health of animals, fish or aquatic life; (ii) a public water supply; or (iii) recreational, commercial, industrial, agricultural or other reasonable uses, the State Forester may issue, without advance notice or hearing, an emergency order directing the owner or operator, or both, to cease immediately all or part of the silvicultural activities on the site, and to implement specified corrective measures within a stated period of time. The commencement of proceedings by the State Forester for the issuance of a special order pursuant to subsection B shall not impair the State Forester&#8217;s authority to issue an emergency special order pursuant to this subsection. The State Forester shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof to the owner or operator, to affirm, modify, amend or cancel such emergency special order.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":229602,"text":"The owner or operator to whom such special order is directed shall be notified by certified mail, return receipt requested, sent to the last known address of the owner, or operator, or by personal delivery by an agent of the State Forester, and the time limits specified shall be counted from the date of receipt.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":229603,"text":"The State Forester shall not issue a special order to any owner or operator who has incorporated generally acceptable water quality protection techniques in the operation of silvicultural activities, which techniques have failed to prevent pollution, if the State Forester determines that the pollution is the direct result of unusual weather events that could not have been reasonably anticipated.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":229604,"text":"Any hearing required under this section shall be conducted in accordance with &#xA7; 2.2-4020 unless the parties consent to informal proceedings.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":229605,"text":"The State Forester shall not issue a notice under subsection A or a special order or emergency special order under subsection B or C more than one year after the silvicultural activity has occurred on the property. Any such notice, special order, or emergency special order shall remain in effect until the State Forester determines that corrective measures specified therein have been implemented.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":229606,"text":"Prior to completion but not later than three working days after the commencement of an operation, the operator shall notify the State Forester of the commercial harvesting of timber. For the purpose of this section, commercial harvesting of timber means the harvesting of trees for the primary purpose of transporting to another site for additional manufacturing. The notification may be verbal or written and shall (i) specify the location and the actual or anticipated date of the activity, (ii) include an owner&#8217;s name or the owner&#8217;s representative or agent and contact information, and (iii) be provided in a manner or form as prescribed by the State Forester. If an operator fails to comply with the provisions of this subsection, the State Forester may assess a civil penalty of $250 for the initial violation and not more than $1,000 for any subsequent violation within a 24-month period by the operator. Such civil penalties shall be paid into the state treasury and credited to the Virginia Forest Water Quality Fund pursuant to &#xA7; 10.1-1181.7.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":15355,"edition_id":1,"name":"Silvicultural Activities Affecting Water Quality","identifier":"12","label":"article","depth":4,"order_by":1,"parent_id":12782,"metadata":{},"date_created":"2026-06-26 03:54:12","date_modified":"2026-06-26 03:54:12","permalink":{"id":144915,"object_type":"structure","relational_id":15355,"identifier":"12","token":"10.1\/II\/11\/12","url":"\/10.1\/II\/11\/12\/","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":58748,"structure_id":15355,"section_number":"10.1-1181.1","catch_line":"Definitions","url":"\/10.1-1181.1\/","token":"10.1\/II\/11\/12\/10.1-1181.1","metadata":false},{"id":62947,"structure_id":15355,"section_number":"10.1-1181.2","catch_line":"Conduct of silvicultural activities; issuance of special orders","url":"\/10.1-1181.2\/","token":"10.1\/II\/11\/12\/10.1-1181.2","metadata":false},{"id":74126,"structure_id":15355,"section_number":"10.1-1181.3","catch_line":"Civil penalties","url":"\/10.1-1181.3\/","token":"10.1\/II\/11\/12\/10.1-1181.3","metadata":false},{"id":58447,"structure_id":15355,"section_number":"10.1-1181.4","catch_line":"Final decisions; costs of hearing examiner","url":"\/10.1-1181.4\/","token":"10.1\/II\/11\/12\/10.1-1181.4","metadata":false},{"id":77372,"structure_id":15355,"section_number":"10.1-1181.5","catch_line":"Judicial review","url":"\/10.1-1181.5\/","token":"10.1\/II\/11\/12\/10.1-1181.5","metadata":false},{"id":75600,"structure_id":15355,"section_number":"10.1-1181.6","catch_line":"Enforcement by injunction","url":"\/10.1-1181.6\/","token":"10.1\/II\/11\/12\/10.1-1181.6","metadata":false},{"id":65475,"structure_id":15355,"section_number":"10.1-1181.7","catch_line":"Virginia Forest Water Quality Fund established; administration and disbursements","url":"\/10.1-1181.7\/","token":"10.1\/II\/11\/12\/10.1-1181.7","metadata":false}],"previous_section":{"id":58748,"structure_id":15355,"section_number":"10.1-1181.1","catch_line":"Definitions","url":"\/10.1-1181.1\/","token":"10.1\/II\/11\/12\/10.1-1181.1","metadata":false},"next_section":{"id":74126,"structure_id":15355,"section_number":"10.1-1181.3","catch_line":"Civil penalties","url":"\/10.1-1181.3\/","token":"10.1\/II\/11\/12\/10.1-1181.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1181.2\/","history_text":"<p>This law was first created in 1993. The record of its establishment is cataloged in chapter 948 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 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0578\">578<\/a>; in 2002, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0293\">293<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0304\">304<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0376\">376<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0812\">812<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0228\">228<\/a>; in 2009, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0572\">572<\/a>.<\/p>","references":[{"id":58748,"section_number":"10.1-1181.1","catch_line":"Definitions","order_by":null,"url":"\/10.1-1181.1\/"},{"id":74126,"section_number":"10.1-1181.3","catch_line":"Civil penalties","order_by":null,"url":"\/10.1-1181.3\/"}],"refers_to":[{"id":65475,"section_number":"10.1-1181.7","catch_line":"Virginia Forest Water Quality Fund established; administration and disbursements","order_by":null,"url":"\/10.1-1181.7\/"},{"id":71957,"section_number":"2.2-4020","catch_line":"Formal hearings; litigated issues","order_by":null,"url":"\/2.2-4020\/"}],"permalink":{"id":144921,"object_type":"law","relational_id":62947,"identifier":"10.1-1181.2","token":"10.1\/II\/11\/12\/10.1-1181.2","url":"\/10.1-1181.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1181.2\/","token":"10.1\/II\/11\/12\/10.1-1181.2","dublin_core":{"Title":"Conduct of silvicultural activities; issuance of special orders","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1181.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> If the State Forester believes that an <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> has conducted or is conducting or has allowed or is allowing the conduct of any <span class=\"dictionary\">silvicultural activity<\/span> in a manner that is causing or is likely to cause <span class=\"dictionary\">pollution<\/span>, he may enter upon the silvicultural operation for inspection to determine whether the activity is causing or likely to cause <span class=\"dictionary\">pollution<\/span> and notify the <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> regarding the activity that is causing or likely to cause <span class=\"dictionary\">pollution<\/span> and recommend (i) corrective measures and (ii) a reasonable time period to prevent, mitigate, or eliminate the <span class=\"dictionary\">pollution<\/span>. If the <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> fails to take action to prevent, mitigate, or eliminate the <span class=\"dictionary\">pollution<\/span>, the State Forester shall <span class=\"dictionary\">issue<\/span> a <span class=\"dictionary\">special order<\/span> pursuant to subsection B or C. Failure of the State Forester to notify an <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> of such corrective measures shall not impair the State Forester&#8217;s authority to <span class=\"dictionary\">issue<\/span> <span class=\"dictionary\">special orders<\/span> pursuant to subsection B or C. <a id=\"paragraph-229599\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1181.2\/#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> The State Forester shall have the authority to <span class=\"dictionary\">issue<\/span> <span class=\"dictionary\">special orders<\/span> to any <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> who has conducted or is conducting, or has allowed or is allowing to be conducted, any <span class=\"dictionary\">silvicultural activity<\/span> in a manner that is causing or is likely to cause <span class=\"dictionary\">pollution<\/span>, to cease immediately all or part of the silvicultural activities on the site, and to implement specified corrective measures within a stated period of time. Such <span class=\"dictionary\">special orders<\/span> are to be issued only after the <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> has been given the opportunity for a <span class=\"dictionary\">hearing<\/span> with reasonable notice to the <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span>, or both, of the time, place and purpose thereof, and they shall become effective not less than five days after service as provided in subsection D. <a id=\"paragraph-229600\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1181.2\/#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 the State Forester finds that any <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> is conducting any <span class=\"dictionary\">silvicultural activity<\/span> in a manner that is causing or is likely to cause an alteration of the physical, chemical or biological properties of any state waters resulting from sediment <span class=\"dictionary\">deposition<\/span> presenting an imminent and substantial danger to (i) the public health, safety or welfare, or the health of animals, fish or aquatic life; (ii) a public water supply; or (iii) recreational, commercial, industrial, agricultural or other reasonable uses, the State Forester may <span class=\"dictionary\">issue<\/span>, without advance notice or <span class=\"dictionary\">hearing<\/span>, an emergency order directing the <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span>, or both, to cease immediately all or part of the silvicultural activities on the site, and to implement specified corrective measures within a stated period of time. The commencement of proceedings by the State Forester for the issuance of a <span class=\"dictionary\">special order<\/span> pursuant to subsection B shall not impair the State Forester&#8217;s authority to <span class=\"dictionary\">issue<\/span> an emergency <span class=\"dictionary\">special order<\/span> pursuant to this subsection. The State Forester shall provide an opportunity for a <span class=\"dictionary\">hearing<\/span>, after reasonable notice as to the time and place thereof to the <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span>, to <span class=\"dictionary\">affirm<\/span>, modify, <span class=\"dictionary\">amend<\/span> or cancel such emergency <span class=\"dictionary\">special order<\/span>. <a id=\"paragraph-229601\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1181.2\/#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 <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> to whom such <span class=\"dictionary\">special order<\/span> is directed shall be notified by certified mail, return receipt requested, sent to the last known address of the <span class=\"dictionary\">owner<\/span>, or <span class=\"dictionary\">operator<\/span>, or by personal delivery by an agent of the State Forester, and the time limits specified shall be counted from the date of receipt. <a id=\"paragraph-229602\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1181.2\/#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 State Forester shall not <span class=\"dictionary\">issue<\/span> a <span class=\"dictionary\">special order<\/span> to any <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> who has incorporated generally acceptable water quality protection techniques in the operation of silvicultural activities, which techniques have failed to prevent <span class=\"dictionary\">pollution<\/span>, if the State Forester determines that the <span class=\"dictionary\">pollution<\/span> is the direct result of unusual weather events that could not have been reasonably anticipated. <a id=\"paragraph-229603\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1181.2\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Any <span class=\"dictionary\">hearing<\/span> required under this section shall be conducted in accordance with &#xA7; <a class=\"law\" title=\"Formal hearings; litigated issues\" href=\"\/2.2-4020\/\">2.2-4020<\/a> unless the parties consent to informal proceedings. <a id=\"paragraph-229604\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1181.2\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> The State Forester shall not <span class=\"dictionary\">issue<\/span> a notice under subsection A or a <span class=\"dictionary\">special order<\/span> or emergency <span class=\"dictionary\">special order<\/span> under subsection B or C more than one year after the <span class=\"dictionary\">silvicultural activity<\/span> has occurred on the property. Any such notice, <span class=\"dictionary\">special order<\/span>, or emergency <span class=\"dictionary\">special order<\/span> shall remain in effect until the State Forester determines that corrective measures specified therein have been implemented. <a id=\"paragraph-229605\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1181.2\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Prior to completion but not later than three working days after the commencement of an operation, the <span class=\"dictionary\">operator<\/span> shall notify the State Forester of the commercial harvesting of timber. For the purpose of this section, commercial harvesting of timber means the harvesting of trees for the primary purpose of transporting to another site for additional manufacturing. The notification may be verbal or written and shall (i) specify the location and the actual or anticipated date of the activity, (ii) include an <span class=\"dictionary\">owner<\/span>&#8217;s name or the <span class=\"dictionary\">owner<\/span>&#8217;s representative or agent and contact information, and (iii) be provided in a manner or form as prescribed by the State Forester. If an <span class=\"dictionary\">operator<\/span> fails to comply with the provisions of this subsection, the State Forester may assess a civil <span class=\"dictionary\">penalty<\/span> of $250 for the initial violation and not more than $1,000 for any subsequent violation within a 24-month period by the <span class=\"dictionary\">operator<\/span>. Such civil penalties shall be paid into the state treasury and credited to the Virginia Forest Water Quality Fund pursuant to &#xA7; <a class=\"law\" title=\"Virginia Forest Water Quality Fund established; administration and disbursements\" href=\"\/10.1-1181.7\/\">10.1-1181.7<\/a>. <a id=\"paragraph-229606\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1181.2\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCONDUCT OF SILVICULTURAL ACTIVITIES; ISSUANCE OF SPECIAL ORDERS (\u00a7 10.1-1181.2)\n\nA. If the State Forester believes that an owner or operator has conducted or is\nconducting or has allowed or is allowing the conduct of any silvicultural\nactivity in a manner that is causing or is likely to cause pollution, he may\nenter upon the silvicultural operation for inspection to determine whether the\nactivity is causing or likely to cause pollution and notify the owner or\noperator regarding the activity that is causing or likely to cause pollution and\nrecommend (i) corrective measures and (ii) a reasonable time period to prevent,\nmitigate, or eliminate the pollution. If the owner or operator fails to take\naction to prevent, mitigate, or eliminate the pollution, the State Forester\nshall issue a special order pursuant to subsection B or C. Failure of the State\nForester to notify an owner or operator of such corrective measures shall not\nimpair the State Forester&#8217;s authority to issue special orders pursuant to\nsubsection B or C.\n\nB. The State Forester shall have the authority to issue special orders to any\nowner or operator who has conducted or is conducting, or has allowed or is\nallowing to be conducted, any silvicultural activity in a manner that is causing\nor is likely to cause pollution, to cease immediately all or part of the\nsilvicultural activities on the site, and to implement specified corrective\nmeasures within a stated period of time. Such special orders are to be issued\nonly after the owner or operator has been given the opportunity for a hearing\nwith reasonable notice to the owner or operator, or both, of the time, place and\npurpose thereof, and they shall become effective not less than five days after\nservice as provided in subsection D.\n\nC. If the State Forester finds that any owner or operator is conducting any\nsilvicultural activity in a manner that is causing or is likely to cause an\nalteration of the physical, chemical or biological properties of any state\nwaters resulting from sediment deposition presenting an imminent and substantial\ndanger to (i) the public health, safety or welfare, or the health of animals,\nfish or aquatic life; (ii) a public water supply; or (iii) recreational,\ncommercial, industrial, agricultural or other reasonable uses, the State\nForester may issue, without advance notice or hearing, an emergency order\ndirecting the owner or operator, or both, to cease immediately all or part of\nthe silvicultural activities on the site, and to implement specified corrective\nmeasures within a stated period of time. The commencement of proceedings by the\nState Forester for the issuance of a special order pursuant to subsection B\nshall not impair the State Forester&#8217;s authority to issue an emergency\nspecial order pursuant to this subsection. The State Forester shall provide an\nopportunity for a hearing, after reasonable notice as to the time and place\nthereof to the owner or operator, to affirm, modify, amend or cancel such\nemergency special order.\n\nD. The owner or operator to whom such special order is directed shall be\nnotified by certified mail, return receipt requested, sent to the last known\naddress of the owner, or operator, or by personal delivery by an agent of the\nState Forester, and the time limits specified shall be counted from the date of\nreceipt.\n\nE. The State Forester shall not issue a special order to any owner or operator\nwho has incorporated generally acceptable water quality protection techniques in\nthe operation of silvicultural activities, which techniques have failed to\nprevent pollution, if the State Forester determines that the pollution is the\ndirect result of unusual weather events that could not have been reasonably\nanticipated.\n\nF. Any hearing required under this section shall be conducted in accordance with\n&#xA7; 2.2-4020 unless the parties consent to informal proceedings.\n\nG. The State Forester shall not issue a notice under subsection A or a special\norder or emergency special order under subsection B or C more than one year\nafter the silvicultural activity has occurred on the property. Any such notice,\nspecial order, or emergency special order shall remain in effect until the State\nForester determines that corrective measures specified therein have been\nimplemented.\n\nH. Prior to completion but not later than three working days after the\ncommencement of an operation, the operator shall notify the State Forester of\nthe commercial harvesting of timber. For the purpose of this section, commercial\nharvesting of timber means the harvesting of trees for the primary purpose of\ntransporting to another site for additional manufacturing. The notification may\nbe verbal or written and shall (i) specify the location and the actual or\nanticipated date of the activity, (ii) include an owner&#8217;s name or the\nowner&#8217;s representative or agent and contact information, and (iii) be\nprovided in a manner or form as prescribed by the State Forester. If an operator\nfails to comply with the provisions of this subsection, the State Forester may\nassess a civil penalty of $250 for the initial violation and not more than\n$1,000 for any subsequent violation within a 24-month period by the operator.\nSuch civil penalties shall be paid into the state treasury and credited to the\nVirginia Forest Water Quality Fund pursuant to &#xA7; 10.1-1181.7.\n\nHISTORY: 1993, c. 948; 1998, c. 578; 2002, cc. 293, 304, 376; 2003, c. 812;\n2004, c. 228; 2009, c. 572.","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}}