                                 CODE OF VIRGINIA

SILVICULTURAL PRACTICES; LOCAL GOVERNMENT AUTHORITY LIMITED (§ 10.1-1126.1)

A. Forestry, when practiced in accordance with accepted silvicultural best
management practices as determined by the State Forester pursuant to &#xA7;
10.1-1105, constitutes a beneficial and desirable use of the
Commonwealth&#8217;s forest resources.

B. Notwithstanding any other provision of law, silvicultural activity, as
defined in &#xA7; 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 &#xA7; 10.1-1105 and (ii) is located on property defined as
real estate devoted to forest use under &#xA7; 58.1-3230 or in a district
established pursuant to Chapter 43 (&#xA7; 15.2-4300 et seq.) or Chapter 44
(&#xA7; 15.2-4400 et seq.) of Title 15.2, shall not be prohibited or
unreasonably limited by a local government&#8217;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&#8217;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. 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
(&#xA7; 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 &#xA7;
10.1-1163.
			The 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.
			Nothing in this section shall affect any requirement imposed pursuant to the
Chesapeake Bay Preservation Act (&#xA7; 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 &#xA7;&#xA7; 33.2-405 through 33.2-408.

HISTORY: 1997, c. 7.