                                 CODE OF VIRGINIA

LIABILITY FOR FAILURE TO CARRY OUT PLANTING, CUTTING OR MANAGEMENT PLAN;
REFORESTATION OF AREA BY STATE FORESTER (§ 10.1-1169)

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

HISTORY: 1964, c. 235, § 10-83.01; 1972, c. 163; 1986, c. 567; 1988, c. 891;
1996, c. 285.