reglab/housing_qa huggingface dataset:
VA Code § 10.1-1162 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1162. Definitions

As used in this article unless the context requires a different meaning:"Diameter" means the distance through a tree at the point of average thickness as measured from outside of bark to outside of bark at a point on a trunk ten inches above the general ground level."Person" means any landowner, owner of timber, owner of timber rights, sawmill operator, sawmill owner, veneer wood operator, pulpwood contractor, or any person engaged in the business of severing timber from the stump."Tree" means any tree of a currently commercially valuable species which is six inches or more in diameter.Code 1950, § 10-75; 1952, c. 417; 1956, c. 75; 1988, c. 891.
VA Code § 10.1-1163 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1163. Exemptions from article

A. This article shall not apply to any acre of land on which there are present at the time of final cutting of the timber 400 or more loblolly or white pine seedlings, singly or together, four feet or more in height.B. This article shall not apply to any person who clears or who procures another to clear his land for bona fide agricultural or improved pasture purposes or for the purpose of subdividing such land for sale for building sites. For the purpose of this article, evidence of intent of bona fide agricultural or improved pasture use shall require, as a minimum and within twelve months from the date of completion of commercial cutting, that the land intended for such use be cleared of all trees, snags, brush, tree tops, and debris by piling and burning or otherwise disposing of same, or by enclosing the area with a well-constructed fence and planting grass seed thereon so as to make a bona fide improved pasture. In the case of clearing for building sites evidence of intent shall be the construction of dwellings or other bona fide structure in progress or completed within two years from the date of completion of commercial cutting.C. This article shall not apply to land which has been zoned for a more intensive land use than agricultural or forestal use.D. The provisions of this article shall not apply to any acre or acres of forest land for which a planting, cutting or management plan has been prepared, designed to provide conservation of natural resources, and which plan has been submitted to and approved by the State Forester previous to the cutting of any trees on the acre or acres concerned. If such plan has been submitted to the State Forester by registered or certified mail and he has not approved the plan, or disapproved it with a statement in writing of his reasons therefor, within a period of sixty days from the date of submission, the plan shall be deemed approved and shall be effective for the purposes of this section.E. The State Forester may grant exemptions from this article to individual landowners who wish to grow hardwoods on their property. The State Forester may place conditions on the exemption as he deems advisable for the conservation of natural resources.Code 1950, §§ 10-81, 10-82, 10-83; 1950, p. 58; 1952, c. 412; 1956, c. 75; 1960, c. 244; 1988, c. 891; 1996, c. 285; 1997, c. 146.
VA Code § 10.1-1164 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1164. Pine trees to be left uncut for reseeding purposes

Every landowner who cuts, or any person who cuts or procures another to cut, or any person who owns the timber at the time of cutting and knowingly and willfully allows to be cut, for commercial purposes, timber from ten acres or more of land on which loblolly or white pine, singly or together, occur and constitute twenty-five percent or more of the live trees on each acre or acres, shall reserve and leave uncut and uninjured not less than eight cone-bearing loblolly or white pine trees fourteen inches or larger in diameter on each acre thus cut and upon each acre on which such pine trees occur singly or together, unless there is in effect for such land a planting, cutting or management plan as provided in subsection D of § 10.1-1163. Where eight cone-bearing loblolly or white pine trees fourteen inches or larger in diameter are not present on any particular acre, there shall be left uncut and uninjured for each such pine two cone-bearing pine trees of the largest diameter present less than fourteen inches in diameter. Such pine trees shall be left uncut for the purpose of reseeding the land and shall be healthy, windfirm, and of well-developed crowns, evidencing seed-bearing ability by the presence of cones in the crowns.Code 1950, § 10-76; 1950, p. 58; 1952, c. 417; 1956, c. 75; 1960, c. 244; 1968, c. 73; 1988, c. 891; 1996, c. 285.
VA Code § 10.1-1165 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1165. When trees left for reseeding purposes may be cut

Pine trees which are left uncut for purposes of reseeding shall be the property of the landowner but shall not be cut until at least three years have elapsed after the cutting of the timber on such lands.Code 1950, § 10-77; 1956, c. 75; 1960, c. 244; 1972, c. 163; 1988, c. 891.
VA Code § 10.1-1166 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1166. Posting or publication of notices

The State Forester shall distribute notices calling attention to the provisions of this article in conspicuous places in all counties and cities where such pine timber grows in appreciable quantities, and may publish notices in newspapers of general circulation in such counties and cities.Code 1950, § 10-78; 1956, c. 75; 1988, c. 891.
VA Code § 10.1-1167 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1167. Penalty for violation of article

Any person violating any provision of this article shall be guilty of a misdemeanor and upon conviction shall be fined thirty dollars for each seed tree cut from the land in violation of this article. The total amount of fine for any one acre shall not exceed $240.Code 1950, § 10-79; 1950, p. 58; 1956, c. 75; 1972, c. 163; 1988, c. 891; 1996, c. 285.
VA Code § 10.1-1170 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1170. Administration of article

The State Forester shall administer the provisions of this article, including the protection, preservation and perpetuation of forest resources by means of reforestation to allow continuous growth of timber on lands suitable therefor, and is authorized to employ personnel; purchase equipment, materials, and supplies; maintain and transport equipment; and make other expenditures and payments authorized by law, and as directed by the regulations adopted for the administration of this article. In any one fiscal year, the expenditures for salaries of administrative supervisory personnel shall not exceed ten percent of the general fund appropriation and forest products taxes collected and deposited in the Reforestation of Timberlands Fund as provided in § 10.1-1174 for that particular year.1981, c. 371, § 10-90.31; 1984, c. 750; 1986, c. 567; 1988, c. 891.
VA Code § 10.1-1171 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1171. Exceptions

A. This article shall not apply to any tract of land in excess of 500 acres under the sole ownership of an individual, corporation, partnership, trust, association, or any other business unit, device, or arrangement.B. This article shall not apply to any acre or part of an acre on which the landowner is receiving federal financial assistance for growing timber.1981, c. 371, §§ 10-90.33, 10-90.34, 10-90.35; 1988, c. 891; 1996, c. 733.
VA Code § 10.1-1173 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1173. Authority of State Forester; reforestation options; lien

The State Forester is authorized, upon the request of a landowner, to examine timberland and make recommendations concerning reforestation. He may make available to landowners, with or without charge, use of specialized state-owned equipment and tree seedlings, tree seed, materials, and services of specialized state personnel for the purpose of preparing land for reforestation and reforesting land devoted to growing timber, in accordance with administrative regulations.Upon the completion of each separate reforestation project in accordance with the recommendations and approval of the State Forester, the State Forester shall determine the total cost of the project including money paid or payable to a contractor for services performed on the project, for labor, and for other costs incurred by the landowner, including a standard rental rate value for use of state-owned equipment and the cost of tree seedlings, tree seed, materials, and specialized state personnel used on the project.The following incentive to reforesting land may be utilized by the State Forester: whenever a landowner completes a reforestation project in accordance with the recommendations and approval of the State Forester, through the use of his own equipment, material and personnel, or through the employment of a contractor where no state equipment, materials or personnel are used, or are used only in part, the State Forester shall determine the total cost of the project based on current commercial rental rate for machines similar to types used, cost of material, and cost of personnel where the landowner does his own work on the project, or based on the contractor's statement of cost or paid receipts furnished by the landowner where work is done by a contractor together with and at the standard rental value for use of any state-owned specialized equipment, tree seedlings, tree seed, materials, and specialized state personnel used on the project. The State Forester, from funds appropriated for the purposes of this article, may pay to the landowner an amount not to exceed seventy-five percent of the total cost of the project, as above determined, or ninety dollars per acre, whichever is the lesser.1981, c. 371, § 10-90.36; 1984, c. 750; 1986, c. 567; 1988, c. 891.
VA Code § 10.1-1174 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1174. Reforestation of Timberlands Fund

All moneys paid to or collected by the State Forester for rental equipment, tree seedlings, seed and material furnished, and specialized personnel services rendered to a landowner and all moneys collected or received from settlement of liens, including principal, interest and fines, authorized under this article shall be paid into the state treasury. All such moneys shall be credited by the State Comptroller as special revenues to the Reforestation of Timberlands Fund of the Department of Forestry to be expended solely for reforesting privately owned timberlands of the Commonwealth as provided in this article.1981, c. 371, § 10-90.37; 1984, c. 750; 1986, c. 567; 1988, c. 891.
VA Code § 10.1-1175 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1175. Certain rights of landowner not limited

This article shall not limit the right of any landowner to contract with individuals, organizations, and public bodies to provide for the utilization of the land for recreational purposes, or to grant open space easements over the land to public bodies.1981, c. 371, § 10-90.39; 1988, c. 891.
VA Code § 10.1-1176 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1176. When provisions of article effective

This article shall not be effective during any biennium for which the General Assembly fails to appropriate from the state general fund a sum which equals or exceeds the total revenues collected from the forest products tax for the immediately preceding two years; a report of such sum shall be submitted by the State Forester to the Governor on or before November 1 of the last year of the preceding biennium.1981, c. 371, § 10-90.38; 1988, c. 891; 1998, c. 420.
VA Code § 10.1-1177 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1177. Authority of Department of Forestry

The Department of Forestry is authorized to and responsible for (i) investigating insect infestations and disease infections which affect stands of forest trees, and (ii) devising and demonstrating control measures to interested persons. The State Forester shall administer the provisions of this article. Authority for quarantine procedure now vested in the Department of Agriculture and Consumer Services shall remain in that Department.1952, c. 657, § 10-90.3; 1986, c. 567; 1988, c. 891.
VA Code § 10.1-1178 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1178. Definitions

As used in this article, unless the context requires a different meaning:"Forest land" means land on which forest trees are found."Forest trees" means only those trees which are a part of and constitute a stand of potential, immature, or mature commercial timber trees. The term "forest trees" includes shade trees of any species around houses, along highways and within cities and towns if the trees constitute an insect or disease menace to nearby timber trees or timber stands."Infection" means infection by any disease affecting forest trees which is declared by the State Forester to be dangerously injurious to forest trees."Infestation" means infestation by means of any insect which is declared by the State Forester to be dangerously injurious to forest trees."Person" includes an individual, partnership, corporation, company, society or association.1952, c. 657, § 10-90.4; 1986, c. 539; 1988, c. 891.
VA Code § 10.1-1179 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1179. State Forester to investigate; notice to landowners

Where an insect infestation or disease infection is believed to exist on forest land within this Commonwealth, the State Forester shall investigate the condition. Whenever he finds that an infestation or infection exists he shall give notice in writing by mail or otherwise to each forest landowner within the affected area, advising him of the nature of the infestation or infection and the recommended control measures, and offering him technical advice on methods of carrying out control measures.1952, c. 657, § 10-90.5; 1988, c. 891.
VA Code § 10.1-1180 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1180. Cooperation with individuals and public agencies

The Department of Forestry is authorized to cooperate with persons, counties, state agencies, and United States government agencies, and the appropriate authorities of adjacent states concerning forest tree insect and disease investigation and control, and to accept money, gifts and donations and to disburse the same for the purpose of carrying out the provisions of this article.1952, c. 657, § 10-90.7; 1986, c. 567; 1988, c. 891.
VA Code § 10.1-1181 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1181. Control of Forest Tree Insects and Diseases Fund

A special fund in the state treasury known as the Control of Forest Tree Insects and Diseases Fund shall consist of all moneys appropriated thereto by the General Assembly, all revenues collected under the provisions of this article, and any moneys paid into the state treasury or to the State Forester, the Board of Forestry, or the Department of Forestry by the federal government or any agency thereof to be used for the purposes of this article. All such funds are hereby appropriated to the Department of Forestry to be used to carry out the purposes of this article.1952, c. 657, § 10-90.9; 1986, c. 567; 1988, c. 891.
VA Code § 10.1-1181.1 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1181.1. Definitions

As used in this article unless the context requires a different meaning:"Operator" means any person that operates or has operated or exercises or has exercised control over any silvicultural activity."Owner" means any person that (i) owns or leases land on which silvicultural activity occurs or has occurred or (ii) owns timber on land on which silvicultural activity occurs or has occurred."Pollution" means such alteration of the physical, chemical or biological properties of any state waters resulting from sediment deposition as will or is likely to create a nuisance or render such waters (i) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (ii) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (iii) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses."Silvicultural activity" means any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation."Special order" means a special order or emergency special order issued under subsection B or C of § 10.1-1181.2.1993, c. 948; 1998, c. 578.
VA Code § 10.1-1181.3 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1181.3. Civil penalties

A. Any owner or operator who violates, or fails or refuses to obey any special order may be assessed a civil penalty by the State Forester. Such penalty shall not exceed $5,000 for each violation. Each day of a continuing violation may be deemed a separate violation for purposes of assessing penalties. In determining the amount of the penalty, consideration shall be given to the owner's or operator's history of noncompliance; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the owner or operator was negligent; and the demonstrated good faith of the owner or operator in reporting and remedying the pollution.B. A civil penalty may be assessed by the State Forester only after the owner or operator has been given an opportunity for a hearing. Any hearing required under this section shall be conducted in accordance with § 2.2-4020, unless the parties consent to informal proceedings. If the owner or operator fails to avail himself of the opportunity for a formal hearing, a civil penalty shall be assessed by the State Forester after the State Forester finds that a violation of a special order has occurred and the amount of the civil penalty warranted, and issues an order requiring that the civil penalty be paid.C. If a person who is required under this article to pay a civil penalty fails to do so, the State Forester may transmit a true copy of the final order assessing such penalty to the clerk of circuit court of any county or city wherein it is ascertained that the person owing the penalty has any estate; and the clerk to whom such copy is sent shall record it, as a judgment is required by law to be recorded, and shall index the same in the name of the Commonwealth as well as of the person owing the penalty, and thereupon there shall be a lien in favor of the Commonwealth on the property of the owner or operator within such county or city in the amount of the penalty. The State Forester may collect civil penalties that are owed in the same manner as provided by law in respect to judgment of a court of record. All civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Forest Water Quality Fund pursuant to § 10.1-1181.7.D. With the consent of any owner or operator who has violated or failed, neglected or refused to obey any special order of the State Forester issued pursuant to subsection B or C of § 10.1-1181.2, the State Forester may provide, in an order issued by the State Forester against such owner or operator, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection A of this section. Such civil charges shall be in lieu of any civil penalty that could be imposed under subsection A of this section, and shall be placed in the Virginia Forest Water Quality Fund pursuant to § 10.1-1181.7.1993, c. 948; 2004, c. 228.
VA Code § 10.1-1181.4 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1181.4. Final decisions; costs of hearing examiner

A. Any final order or decision rendered pursuant to this article shall be reduced to writing and shall contain the explicit findings of fact and conclusions of law upon which the decision is based. Certified copies of the written decision shall be delivered or mailed by certified mail to the parties affected by the decision.B. If any final agency case decision is rendered following a hearing conducted in accordance with § 2.2-4020 presided over by a hearing officer, the officer shall be paid by the State Forester if the owner or operator is the prevailing party, or by the owner or operator if the State Forester is the prevailing party. The findings of the hearing officer shall specify which party prevailed in the hearing.1993, c. 948.
VA Code § 10.1-1181.5 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1181.5. Judicial review

Any person aggrieved by a final order or decision under this article shall be entitled to judicial review thereof in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). The commencement of a proceeding for judicial review under this section shall not, unless specifically ordered by the court, operate as a stay of the order or decision of the State Forester.1993, c. 948.
VA Code § 10.1-1181.6 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11 - Forest Resources and the Department of Forestry|§ 10.1-1181.6. Enforcement by injunction

Any owner or operator violating or failing, neglecting or refusing to obey any special order issued by the State Forester may be compelled in a proceeding instituted in any appropriate circuit court by the State Forester to obey same and to comply therewith by injunction, mandamus or other appropriate remedy, without the necessity of showing that an adequate remedy at law does not exist.1993, c. 948.