                                 CODE OF VIRGINIA

KILLING OF DEER, ELK OR BEAR DAMAGING FRUIT TREES, CROPS, LIVESTOCK, OR PERSONAL
PROPERTY; WILDLIFE CREATING A HAZARD TO AIRCRAFT OR MOTOR VEHICLES (§ 29.1-529)

A. Whenever deer, elk or bear are damaging fruit trees, crops, livestock or
personal property utilized for commercial agricultural production in the
Commonwealth, the owner or lessee of the lands on which such damage is done
shall immediately report the damage to the Director or his designee for
investigation. If after investigation the Director or his designee finds that
deer or bear are responsible for the damage, he shall authorize in writing the
owner, lessee or any other person designated by the Director or his designee to
kill such deer or bear when they are found upon the land upon which the damages
occurred. However, the Director or his designee shall have the option of
authorizing nonlethal control measures rather than authorizing the killing of
elk or bear, provided that such measures occur within a reasonable period of
time; and whenever deer cause damage on parcels of land of five acres or less,
except when such acreage is used for commercial agricultural production, the
Director or his designee shall have discretion as to whether to issue a written
authorization to kill the deer. The Director or his designee may limit such
authorization by specifying in writing the number of animals to be killed and
duration for which the authorization is effective and may in proximity to
residential areas and under other appropriate circumstances limit or prohibit
the authorization between 11:00 p.m. and one-half hour before sunrise of the
following day. The Director or his designees issuing these authorizations shall
specify in writing that only antlerless deer shall be killed, unless the
Director or his designee determines that there is clear and convincing evidence
that the damage was done by deer with antlers. Any owner or lessee of land who
has been issued a written authorization shall not be issued an authorization in
subsequent years unless he can demonstrate to the satisfaction of the Director
or his designee that during the period following the prior authorization, the
owner or his designee has hunted bear or deer on the land for which he received
a previous authorization.

B. Subject to the provisions of subsection A, the Director or his designee may
issue a written authorization to kill deer causing damage to residential plants,
whether ornamental, noncommercial agricultural, or other types of residential
plants. The Director may charge a fee not to exceed actual costs. The holder of
this written authorization shall be subject to local ordinances, including those
regulating the discharge of firearms.

C. Whenever wildlife is creating a hazard to the operation of any aircraft or to
the facilities connected with the operation of aircraft, the person or persons
responsible for the safe operation of the aircraft or facilities shall report
such fact to the Director or his designee for investigation. If after
investigation the Director or his designee finds that wildlife is creating a
hazard, he shall authorize such person or persons or their representatives to
kill wildlife when the wildlife is found to be creating such a hazard. As used
in this subsection, the term &#8220;wildlife&#8221; shall not include any
federally protected species.

D. Whenever deer are creating a hazard to the operation of motor vehicle traffic
within the corporate limits of any city or town, the operator of a motor vehicle
or chief law-enforcement officer of the city or town may report such fact to the
Director or his designee for investigation. If after investigation the Director
or his designee finds that deer are creating a hazard within such city or town,
he may authorize responsible persons, or their representatives, to kill the deer
when they are found to be creating such a hazard.

E. Whenever deer are damaging property in a locality in which deer herd
population reduction has been recommended in the current Deer Management Plan
adopted by the Board, the owner or lessee of the lands on which such damage is
being done may report such damage to the Director or his designee for
investigation. If after investigation the Director or his designee finds that
deer are responsible for the damage, he may authorize in writing the owner,
lessee or any other person designated by the Director or his designee to kill
such deer when they are found upon the land upon which the damages occurred. The
Director or his designee also may limit such authorization by specifying in
writing the number of animals to be killed and the period of time for which the
authorization is effective. The requirement in subsection A of this section,
that an owner or lessee of land demonstrate that during the period following the
prior authorization deer or bear have been hunted on his land, shall not apply
to any locality that conducts a deer population control program authorized by
the Department.

F. The Director or his designee may revoke or refuse to reissue any
authorization granted under this section when it has been shown by a
preponderance of the evidence that an abuse of the authorization has occurred.
Such evidence may include a complaint filed by any person with the Department
alleging that an abuse of the written authorization has occurred. Any person
aggrieved by the issuance, denial or revocation of a written authorization can
appeal the decision to the Department. Any person convicted of violating any
provision of the hunting and trapping laws and regulations shall be entitled to
receive written authorization to kill deer or bear. However, such person shall
not (i) be designated as a shooter nor (ii) carry out the authorized activity
for a person who has received such written authorization for a period of at
least two years and up to five years following his most recent conviction for
violating any provision of the hunting and trapping laws and regulations. In
determining the appropriate length of this restriction, the Director shall take
into account the nature and severity of the most recent violation and of any
past violations of the hunting and trapping laws and regulations by the
applicant. No person shall be designated as a shooter under this section during
a period when such person&#8217;s hunting license or privileges to hunt have
been suspended or revoked.

G. The Director or his designee may authorize, subject to the provisions of this
section, the killing of deer over bait within the political boundaries of any
city or town, or any county with a special late antlerless season, in the
Commonwealth when requested by a certified letter from the governing body of
such locality.

H. The parts of any deer or bear killed pursuant to this section or wildlife
killed pursuant to subsection C shall not be used for the purposes of taxidermy,
mounts, or any public display unless authorized by the Director or his designee.
However, the meat of any such animal may be used for human consumption. The
carcass and any unused meat of any such animal shall be disposed of within 24
hours of being killed. Any person who violates any provision of this subsection
is guilty of a Class 3 misdemeanor.

I. It is unlawful to willfully and intentionally impede any person who is
engaged in the lawful killing of a bear or deer pursuant to written
authorization issued under this section. Any person convicted of a violation of
this subsection is guilty of a Class 3 misdemeanor.

HISTORY: Code 1950, § 29-145.1; 1954, c. 686; 1956, c. 684; 1958, cc. 315, 609;
1960, c. 129; 1962, c. 229; 1970, c. 79; 1980, c. 271; 1987, cc. 48, 488; 1991,
c. 99; 1993, cc. 204, 273; 1994, c. 571; 1996, c. 314; 1998, c. 179; 1999, c.
563; 2000, c. 6; 2002, c. 174; 2003, cc. 123, 135; 2004, c. 447; 2008, cc. 17,
260; 2009, cc. 8, 305; 2010, c. 5; 2012, c. 247; 2013, c. 346; 2020, c. 958.