reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 30 - VIRGINIA STATE FORESTS REGULATIONS › Section 4VAC10-30-230 - Dogs and other animals

Current through Register Vol. 40, No. 24, July 15, 2024
No person shall cause or permit any animal owned by him, in
				  his custody, or under his control, except those animals of a resident employee
				  and then only in the general area around the employee's residence, and except a
				  dog restrained by a leash not exceeding six feet in length, to enter any
				  forest, and each such animal found at large may be seized and disposed of as
				  provided by the law or ordinance covering disposal of stray animals on highways
				  or public property then in effect at the place when such animals may be seized,
				  except during the lawful hunting season in effect in the particular forest or
				  portion thereof.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 30 - VIRGINIA STATE FORESTS REGULATIONS › Section 4VAC10-30-240 - Sports and games

Current through Register Vol. 40, No. 24, July 15, 2024
In any forest, no games or athletic contests shall be
				  allowed except in such places as may be designated therefor.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 30 - VIRGINIA STATE FORESTS REGULATIONS › Section 4VAC10-30-250 - Vehicles, where permitted

Current through Register Vol. 40, No. 24, July 15, 2024
No person shall drive a vehicle in any forest on any road
				  during any period where there is a sign or signs erected on or along the
				  particular road indicating that any such road is closed to vehicular
				  traffic.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 30 - VIRGINIA STATE FORESTS REGULATIONS › Section 4VAC10-30-260 - Obstructing traffic

Current through Register Vol. 40, No. 24, July 15, 2024
In any forest, no person or persons shall cause or permit a
				  vehicle or vehicles to obstruct traffic on any road by unnecessary stopping, or
				  to prevent or obstruct by any means the free use by others of any
				  road.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 30 - VIRGINIA STATE FORESTS REGULATIONS › Section 4VAC10-30-270 - Speed limit

Current through Register Vol. 40, No. 24, July 15, 2024
Rate of vehicular speed in any forest in excess of the rate
				  as posted by the Virginia Department of Transportation or Forest Superintendent
				  is prohibited.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 30 - VIRGINIA STATE FORESTS REGULATIONS › Section 4VAC10-30-280 - View into vehicles

Current through Register Vol. 40, No. 24, July 15, 2024
Every car driven through any forest or parked in any parking
				  space in any forest shall have the interior thereof open to full view at all
				  times.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 30 - VIRGINIA STATE FORESTS REGULATIONS › Section 4VAC10-30-290 - Use of roads

Current through Register Vol. 40, No. 24, July 15, 2024
No person shall operate an excessively loaded vehicle on any
				  forest road. The determination of whether a load is excessive will be made by
				  the Forest Superintendent and will be based upon the load and the condition of
				  the road. In the exercise of his professional judgment, the Forest
				  Superintendent may at any time close to use any forest road.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 30 - VIRGINIA STATE FORESTS REGULATIONS › Section 4VAC10-30-300 - Meetings, exhibitions, commercial enterprises, etc

Current through Register Vol. 40, No. 24, July 15, 2024
No person shall, in any forest, without a permit, sell or
				  offer for sale, hire, lease or let out, any object or merchandise, property,
				  privilege, service or any other thing, or engage in any business or erect any
				  building, booth, tent, stall or any other structure whatsoever. No person to
				  whom any property of any forest by authorized permit has been entrusted for
				  personal use shall hire, lease, let out or sell, the same to any other
				  person.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 30 - VIRGINIA STATE FORESTS REGULATIONS › Section 4VAC10-30-310 - Advertising

Current through Register Vol. 40, No. 24, July 15, 2024
No sign, notice, or advertisements of any nature shall be
				  erected or posted at any place within any forest without permission in writing
				  from the Forest Superintendent; nor shall any musical instrument, radio,
				  talking machine, or drum be operated or any noise be made for the purpose of
				  attracting attention to any exhibition of any kind.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 30 - VIRGINIA STATE FORESTS REGULATIONS › Section 4VAC10-30-320 - Meetings and exhibitions

Current through Register Vol. 40, No. 24, July 15, 2024
No person shall in any forest erect any structure, stand, or
				  platform, hold any meeting, or exhibition, perform any ceremony, make any
				  speech, or address except by permit from the Forest
				  Superintendent.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 30 - VIRGINIA STATE FORESTS REGULATIONS › Section 4VAC10-30-330 - Alms and contributions

Current through Register Vol. 40, No. 24, July 15, 2024
No person shall within any forest solicit alms or
				  contributions for any purpose.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 30 - VIRGINIA STATE FORESTS REGULATIONS › Section 4VAC10-30-340 - Aviation

Current through Register Vol. 40, No. 24, July 15, 2024
No person shall voluntarily bring, land or cause to descend
				  or alight within or upon any forest, any aeroplane, flying machine, balloon,
				  parachute or other apparatus for aviation except under permit. "Voluntarily" in
				  this connection shall mean anything other than a forced
				  landing.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 30 - VIRGINIA STATE FORESTS REGULATIONS › Section 4VAC10-30-350 - Sale of forest products

Current through Register Vol. 40, No. 24, July 15, 2024
From time to time, forest products may be sold from forest
				  land under conditions determined by the department and in accordance with
				  law.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part I - Definitions › Section 4VAC10-40-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this regulation
					 shall have the following meanings unless the context indicates otherwise:
"Acre" means one or more acres or part of an acre or any
					 combination of them.
"Board" means the Board of Forestry.
"Department" means the Department of Forestry.
"Forest Products Tax Act" means the tax paid by every
					 person engaged in the Commonwealth in business as a manufacturer or shipper of
					 forest products for sale, profit, or commercial use (§ 58.1-1600 of the
					 Code of Virginia).
"Project" means the reforestation activity, completed or an
					 approved portion of it, on a specific number of acres, in a specific location
					 under one ownership.
"Reforestation Act" means Reforestation of Timberlands Act,
					 Article 10 (§ 10.1-1170 et seq.) of Chapter 11 of Title 10.1 of the Code
					 of Virginia.
"Reforestation assistance" means funds, material, personnel
					 or other assistance made available to a landowner pursuant to § 10.1-1173
					 of the Reforestation Act and these Reforestation of Timberlands Regulations.
"State Forester" means the chief executive officer of the
					 Department of Forestry.
"Tract" means specific acreage upon which a reforestation
					 project is conducted.
Statutory Authority: § 10.1-1101 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part II - Construction and Scope of Regulations › Section 4VAC10-40-20 - Construction

Current through Register Vol. 40, No. 24, July 15, 2024
In the interpretation of the Reforestation of Timberlands
					 Regulations, their provisions shall be construed as follows:
1. Terms in the singular shall include the
				  plural and vice versa.
2. Terms in
				  the masculine shall include the feminine and the neuter.
3. Requirements or prohibitions of any act
				  shall, respectively, extend to and include the causing or procuring, directly
				  or indirectly, of such act.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part II - Construction and Scope of Regulations › Section 4VAC10-40-30 - Territorial scope

Current through Register Vol. 40, No. 24, July 15, 2024
Reforestation assistance shall be available with respect to
					 all privately owned forest lands within the boundaries of the Commonwealth of
					 Virginia except as hereinafter provided.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part III - Qualifying and Nonqualifying Species, Type of Land Cover, Land Area, and Practices › Section 4VAC10-40-40 - Qualifying species

Current through Register Vol. 40, No. 24, July 15, 2024
Reforestation assistance shall be available only for the
					 preparation of land for reforestation with commercially valuable species of
					 pine, and for reforesting land suitable for growing timber with commercially
					 valuable species of pine.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part III - Qualifying and Nonqualifying Species, Type of Land Cover, Land Area, and Practices › Section 4VAC10-40-50 - Nonqualifying type of land cover

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to those acres to which the Reforestation Act
					 does not apply pursuant to the provisions of § 10.1-1171 of the
					 Reforestation Act, reforestation assistance shall not be available with respect
					 to the following:
1. Any acre on which
				  there are present 400 or more well distributed and free-to-grow loblolly pine
				  (Pinus taeda), short leaf pine (Pinus echinata), white pine (Pinus strobus), or
				  pitch pine (Pinus rigida) stems , singly or together, four feet or more in
				  height, measured from ground level to tip of stem.
2. Any acre on which loblolly pine (Pinus
				  Taeda), short leaf pine (Pinus echinata), or white pine (Pinus strobus), singly
				  or together, occur and exceed in number 50 live, thrifty trees of the above
				  species six inches or more in diameter of the point of average thickness
				  measured from outside of bark to outside of bark at a point on the trunk 10
				  inches above the general ground level.
Statutory Authority: § 10.1-1101 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part III - Qualifying and Nonqualifying Species, Type of Land Cover, Land Area, and Practices › Section 4VAC10-40-60 - Minimum and maximum land area

Current through Register Vol. 40, No. 24, July 15, 2024
The board and the State Forester are authorized, within the
					 500-acre maximum provided in § 10.1-1171 of the Reforestation Act, to
					 determine, from year to year, the number of acres belonging to any one owner
					 for which reforestation assistance shall be made available.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part III - Qualifying and Nonqualifying Species, Type of Land Cover, Land Area, and Practices › Section 4VAC10-40-70 - Qualifying practices

Current through Register Vol. 40, No. 24, July 15, 2024
The type of forest practices qualifying for reforestation
					 assistance shall include any method approved by the board and State Forester
					 designed to:
1. Prepare land for
				  reforestation.
2. Reforest
				  land.
3. Conduct post-reforestation
				  cultural treatments.
Statutory Authority: § 10.1-1101 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part IV - Seed Trees › Section 4VAC10-40-80 - Seed trees

Current through Register Vol. 40, No. 24, July 15, 2024
After expiration of the number of years that the eight pine
					 trees are required, pursuant to the Seed Trees Act (§ 10.1-1162 et seq. of
					 the Code of Virginia), to be left standing following the date of cutting of the
					 timber, and after release of the tract to the owner, reforestation assistance
					 may be made available with respect to any acre on which seed trees were left
					 standing and uncut as required by the Seed Trees Act, provided such
					 reforestation assistance is not prohibited by the provisions of
					 4VAC10-40-50.
Statutory Authority: § 10.1-1101 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part V - Equipment › Section 4VAC10-40-90 - Types of equipment

Current through Register Vol. 40, No. 24, July 15, 2024
The board and the State Forester are authorized from time
					 to time to determine the type and quantity of necessary equipment required to
					 carry out the provisions of the Reforestation Act.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part V - Equipment › Section 4VAC10-40-100 - Rate of payment for equipment, materials, supplies and personnel

Current through Register Vol. 40, No. 24, July 15, 2024
The board and the State Forester shall, from time to time,
					 establish a schedule of standard rates to be charged for state owned and
					 supplied equipment, materials, supplies and personnel used on a project, and
					 such rates shall be used by the State Forester in determining the total cost of
					 a completed project, which total cost shall be the basis of the incentive
					 payment to the landowner provided for in § 10.1-1173 of the Reforestation
					 Act.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part VI - Supervisory Personnel › Section 4VAC10-40-110 - Supervisory personnel

Current through Register Vol. 40, No. 24, July 15, 2024
The board and the State Forester shall determine, from time
					 to time, the classifications of employees, based on the State Personnel
					 Classification, which for purposes of the Reforestation Act constitute
					 Administrative Supervisory Personnel.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part VII - Expenditure of Taxes › Section 4VAC10-40-120 - Expenditure of taxes collected within a county

Current through Register Vol. 40, No. 24, July 15, 2024
Whenever it is impractical to expend within any county
					 within one tax year 50% of the forest products tax collected on pine timber in
					 that county, in any one tax year, as provided in § 58.1-1611 of the Forest
					 Products Tax Act, the unexpended balance of the 50% of the total tax collected
					 and encumbered for expenditure in any particular county shall be carried
					 forward and expended in that county in a succeeding two years. At the beginning
					 of the third year this unexpended tax will be available for use in the
					 statewide program wherever needed. The 50% of the total collected in any county
					 not required by law to be expended in that particular county may be expended by
					 the administrator in any county for carrying out the provision of the
					 Act.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part VIII - Christmas, Ornamental and Landscape Trees › Section 4VAC10-40-130 - Christmas trees

Current through Register Vol. 40, No. 24, July 15, 2024
Reforestation assistance is not authorized under the
					 Reforestation Act for the planting of pine tree seedlings for Christmas trees
					 as the primary crop, but Christmas trees may be severed from the stump from
					 acres planted under the Reforestation Act and sold as thinnings when so
					 recommended by the State Forester.
If the landowner violates the provisions of this chapter,
					 the landowner shall pay to the State Forester a sum equal to the value of all
					 assistance rendered to him by the State Forester as a part of the project,
					 together with legal interest on it from the date such reforestation is
					 rendered.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part VIII - Christmas, Ornamental and Landscape Trees › Section 4VAC10-40-140 - Ornamental and landscape trees

Current through Register Vol. 40, No. 24, July 15, 2024
Tree seedlings planted on any acre under the provisions of
					 the Reforestation Act shall not be removed from the soil with roots, bare or
					 bagged, or removed in any manner and sold for outdoor ornamental or landscaping
					 purposes.
If the landowner violates the provisions of this chapter,
					 the landowner shall pay to the State Forester a sum equal to the value of any
					 assistance rendered to him by the State Forester as a part of the project
					 together with legal interest on it from the date such reforestation assistance
					 is rendered.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part IX - Assistance to Damaged Replant Areas › Section 4VAC10-40-150 - Assistance to replant areas damaged by fire, insects, disease, drought, wind or otherwise

Current through Register Vol. 40, No. 24, July 15, 2024
In the event that trees planted on any acre pursuant to the
					 Reforestation Act are destroyed by fire, insects, disease, drought, wind or
					 otherwise through no fault or negligence on the part of the owner of such acre,
					 his agents or employees, to such an extent as to have no commercial savings
					 value, the State Forester is authorized to extend reforestation assistance to
					 the owner to the extent necessary to replant the trees
					 destroyed.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part X - Component Payments › Section 4VAC10-40-160 - Component payments

Current through Register Vol. 40, No. 24, July 15, 2024
The department may make incentive payments to landowners
					 who have completed a component part of a reforestation project. The total
					 partial payments made for one single project shall not exceed the limit of
					 payments set forth in the Reforestation Act. The State Forester shall determine
					 what practices (as defined in
					 4VAC10-40-70 ) of a total project
					 warrant component payments and shall insure that component payments will be
					 refunded the Commonwealth for those projects which are not completed in a
					 prescribed manner according to the Reforestation of Timberlands
					 Agreements.
Statutory Authority
§ 10.1-1101 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 10 - DEPARTMENT OF FORESTRY › Chapter 40 - REFORESTATION OF TIMBERLANDS REGULATIONS › Part XI - Incentive Payments › Section 4VAC10-40-170 - Incentive payments

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  department may from time to time and upon consultation with the board adjust
				  the levels and manner of incentive payments to be offered to landowners for
				  reforestation projects in accordance with the Reforestation Act. Those changes
				  will be for one fiscal year and may not change within a fiscal year. Any such
				  adjustments shall be announced and publicized as far in advance of their
				  affective dates as practical.
B.
				  The incentive payments to landowners from approved projects are hereby set at
				  75% of the total cost of the project or an annually determined maximum amount
				  per acre agreed upon by the Board of Forestry and the State Forester, whichever
				  is less.
Statutory Authority: § 10.1-1101 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 4VAC15-10-20 - General

Current through Register Vol. 40, No. 24, July 15, 2024
A. The procedures
				in 4VAC15-10-30 of this chapter shall
				be used for soliciting the input of interested persons in the initial formation
				and development, amendment or repeal of regulations in accordance with the
				Administrative Process Act. This chapter does not apply to regulations exempted
				from the provisions of the Administrative Process Act (§ 9-6.14:4.1A and
				B) or excluded from the operation of Article 2 of the Administrative Process
				Act (§ 9-6.14:4.1C ).
B. The
				failure of any person to receive any notice or copies of any documents provided
				under these guidelines shall not affect the validity of any
				regulation.
C. Any person may
				petition the approving authority for the adoption, amendment or repeal of a
				regulation. The petition, at a minimum, shall contain the following
				information:
1. Name of petitioner;
2. Petitioner's mailing address and telephone
				number;
3. Petitioner's interest in
				the proposed action;
4. Recommended
				regulation or addition, deletion or amendment to a specific regulation or
				regulations;
5. Statement of need
				and justification for the proposed action;
6. Statement of impact on the petitioner and
				other affected persons; and
7.
				Supporting documents, as applicable.
The approving authority shall provide a written response to
				  such petition within 180 days from the date the petition was
				  received.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 4VAC15-10-30 - Public participation procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall establish and maintain a
				list or lists consisting of persons expressing an interest in the adoption,
				amendment or repeal of regulations. Any person wishing to be placed on any list
				may do so by writing the agency. In addition the agency, at its discretion, may
				add to any list any person, organization or publication it believes will be
				interested in participating in the promulgation of regulations. Individuals and
				organizations may be periodically requested to indicate their desire to
				continue to receive documents or be deleted from a list. Individuals and
				organizations may be deleted from any list at the request of the individual or
				organization, or at the discretion of the agency when mail is returned as
				undeliverable.
B. Whenever the
				approving authority so directs or upon its own initiative, the agency may
				commence the regulation adoption process and proceed to draft a proposal
				according to these procedures.
C.
				The agency shall use the participatory approach to assist in the development of
				the proposal or use one of the following alternatives:
1. Proceed without using the participatory
				approach if the approving authority specifically authorizes the agency to
				proceed without using the participatory approach; or
2. Include in the Notice of Intended
				Regulatory Action (NOIRA) a statement inviting comment on whether the agency
				should use the participatory approach to assist the agency in the development
				of the proposal. If the agency receives written responses from at least five
				persons during the associated comment period indicating that the agency should
				use the participatory approach, the agency shall use the participatory approach
				requested. Should different approaches be requested, the director shall
				determine the specific approach to be utilized.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 10 - PUBLIC PARTICIPATION GUIDELINES › Section 4VAC15-10-40 - Transition

Current through Register Vol. 40, No. 24, July 15, 2024
A. All regulatory
				actions for which a NOIRA has been published in The Virginia Register of
				Regulations prior to May 4, 1994, shall be processed in accordance with the
				agency's emergency Public Participation Guidelines (VR 325-05-1), which are
				effective from June 18, 1993, until June 17, 1994, unless sooner modified or
				vacated or superseded by permanent regulations.
B. This chapter shall supersede and repeal
				emergency regulation
				4VAC15-10-10 et seq., Public
				Participation Guidelines, which became effective on June 18, 1993. All
				regulatory actions for which a NOIRA has not been published in The Virginia
				Register of Regulations prior to May 4, 1994, shall be processed in accordance
				with this chapter.
Statutory Authority
§§ 2.2-4007 and 29.1-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-10 - Definitions; generally

Current through Register Vol. 40, No. 24, July 15, 2024
A. Words
				and phrases used in any regulations made by the board shall have the same
				meaning as is given for such words and phrases in Title 29.1 (§
									29.1-100 et seq.) of
				the Code of Virginia unless the context clearly indicates otherwise.
B. The following word or term when used in
				this chapter shall have the following meaning unless the context indicates
				otherwise:
"Elk Management Zone" means the Counties of (i) Buchanan,
				  (ii) Dickenson, and (iii) Wise, and the cities and towns
				  therein.
Statutory Authority: §§
											29.1-103,
					 29.1-501,
					 and
					 29.1-502
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-20 - Definitions; "counties east of the Blue Ridge Mountains."

Current through Register Vol. 40, No. 24, July 15, 2024
Whenever the words "counties east of the Blue Ridge
				  Mountains," or language equivalent to that, appear in a regulation of the
				  board, such words shall apply to the following counties and cities:
Accomack
Albemarle
Amelia
Amherst
Appomattox
Arlington
Bedford
Brunswick
Buckingham
Campbell
Caroline
Charles City
Charlotte
Chesapeake City
Chesterfield
Culpeper
Cumberland
Dinwiddie
Essex
Fairfax
Fauquier
Fluvanna
Franklin
Gloucester
Goochland
Greene
Greensville
Halifax
Hampton City
Hanover
Henrico
Henry
Isle of Wight
James City
King and Queen
King George
King William
Lancaster
Loudoun
Louisa
Lunenburg
Madison
Mathews
Mecklenburg
Middlesex
Nelson
NewKent
Newport News City
Northampton
Northumberland
Nottoway
Orange
Patrick
Pittsylvania
Powhatan
Prince Edward
Prince George
Prince William
Rappahannock
Richmond
Southampton
Spotsylvania
Stafford
Suffolk City
Surry
Sussex
Virginia Beach City
Westmoreland
York
Statutory Authority
§§ 29.1-501, 29.1-502 and 29.1-566 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-30 - Definitions; "counties west of the Blue Ridge Mountains."

Current through Register Vol. 40, No. 24, July 15, 2024
Whenever the words "counties west of the Blue Ridge
				  Mountains," or language equivalent to that, appear in a regulation of the
				  board, such words shall apply to the following counties:
Alleghany
Augusta
Bath
Bland
Botetourt
Buchanan
Carroll
Clarke
Craig
Dickenson
Floyd
Frederick
Giles
Grayson
Highland
Lee
Montgomery
Page
Pulaski
Roanoke
Rockbridge
Rockingham
Russell
Scott
Shenandoah
Smyth
Tazewell
Warren
Washington
Wise
Wythe
Statutory Authority
§§ 29.1-103, 29.1-501, and 29.1-502 of the Code
					 of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-40 - Definitions; "Dismal Swamp Line."

Current through Register Vol. 40, No. 24, July 15, 2024
Whenever the words "Dismal Swamp Line," or language
				  equivalent to that, appear in a regulation of the board, such words shall apply
				  to a line: Beginning at a point on State Highway 10 where it intersects the
				  Isle of Wight County line, thence along such highway to its intersection with
				  the corporate limits of the City of Suffolk, thence through the corporate
				  limits of the City of Suffolk to its intersection with State Secondary Highway
				  642, and thence along State Secondary Highway 642 (White Marsh Road) in a
				  southerly and westerly direction to State Secondary Highway 604 (Desert Road),
				  and thence southerly along State Secondary Highway 604 to the North Carolina
				  line.
Statutory Authority
§§ 29.1-501 and 29.1-502 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-60 - Definitions; "person."

Current through Register Vol. 40, No. 24, July 15, 2024
The word "person," when used in the regulations of the
				  board, may extend and be applied to bodies politic and corporate as well as
				  individuals.
Statutory Authority
§§ 29.1-103, 29.1-501 and 29.1-502 of the Code
					 of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-66 - Admittance, parking, or other use fee at certain department-owned and department-managed facilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant
				to the authority of the board under subdivision 14 of § 29.1-103 of the
				Code of Virginia and in accordance with § 29.1-113 of the Code of
				Virginia, a daily fee of $3.00 or an annual fee equal to the price of an annual
				basic state resident fishing or hunting license is established for admittance,
				parking, or other use at department-owned or department-managed lands and
				public fishing lakes. Such fee shall not apply to (i) any person holding a
				valid hunting, trapping, or fishing license or a current certificate of boat
				registration issued by the department; (ii) persons 16 years of age or younger;
				or (iii) the use of department-owned boat ramps.
B. Any person violating this section may be
				assessed a civil penalty of $50 in lieu of any criminal penalty.
C. The director may waive fees for any
				person, group, or organization whenever such action is deemed to be in the
				department's interest. Any or all facilities may be closed by the director
				without notice due to an emergency or natural disaster. Full refunds or credits
				may be issued whenever the closure prevents any use of the facility during the
				term of the permit. Partial refunds of fees may be made in the interest of
				providing better customer service.
D. The director may allow deviations from
				established fees in the form of discounts or special promotions for the purpose
				of stimulating visitation and use of departmental facilities.
Statutory Authority: §§ 29.1-103, 29.1-501, and
					 29.1-502 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-70 - Violations of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
Any violation of any regulation or part of that of the board
				  is made a misdemeanor by §§ 29.1-505 and 29.1-746 of the Code of
				  Virginia and persons convicted of such violation will be punished as provided
				  in said sections or other applicable provisions of the Code of
				  Virginia.
Statutory Authority
§§ 29.1-103, 29.1-501 and 29.1-502 of the Code
					 of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-80 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											29.1-501 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-90 - Permits for drilling, dredging and other operations in Back Bay area

Current through Register Vol. 40, No. 24, July 15, 2024
Drilling, dredging and any other operation designed to
				  recover or obtain shell, minerals or any other substance shall be unlawful on
				  lands owned by or under the control of the Commonwealth of Virginia under Back
				  Bay, its tributaries and the North Landing River from the North Carolina line
				  to North Landing Bridge unless a permit is first obtained from the board.
				  Application for a permit under this section shall be made to the board in such
				  form and substance as the board may require. Under the authority of §
				  29.1-103 of the Code of Virginia, the board shall grant or refuse such permits
				  as conditions may require in order to prevent practices and operations which
				  would harm the area for fish and wildlife.
Statutory Authority
§§ 29.1-103, 29.1-501 and 29.1-502 of the Code
					 of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-100 - Prohibited use of vehicles on department-owned lands

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful on department-owned lands to drive
				  through or around gates designed to prevent entry with any type of motorized
				  vehicle or to use such vehicles to travel anywhere on such lands except on
				  roads open to vehicular traffic. Any motor-driven vehicle shall conform with
				  all state laws for highway travel; provided, that this requirement shall not
				  apply to the operation of motor vehicles for administrative purposes by
				  department-authorized personnel on department-owned lands. Nothing in this
				  section shall be construed to prohibit the use of Class one or Class two
				  electric power-assisted bicycles as defined in §
									46.2-100 of the Code
				  of Virginia where traditional bicycles are allowed. Class three electric
				  power-assisted bicycles as defined in §
									46.2-100 are
				  prohibited. Nothing in this section shall be construed to prohibit the
				  department from allowing the use of wheelchairs or other power-driven mobility
				  devices by individuals with mobility disabilities in accordance with the
				  federal Americans with Disabilities Act of 1990 (P.L.
				  101-336, 104 Stat. 327).
For the purposes of this section, the term "wheelchair" means
				  a manually operated or power-driven device designed primarily for use by an
				  individual with a mobility disability for the main purpose of indoor, or of
				  both indoor and outdoor, locomotion. "Other power-driven mobility device" means
				  any mobility device powered by batteries, fuel, or other engines, whether or
				  not designed primarily for use by individuals with mobility disabilities, that
				  is used by individuals with mobility disabilities for the purpose of
				  locomotion, including golf cars, electronic personal assistive mobility
				  devices, or any mobility device designed to operate in areas without defined
				  pedestrian routes, but that is not a wheelchair within the meaning of this
				  section.
Statutory Authority: §§
											29.1-103,
					 29.1-501,
					 and
					 29.1-502
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-110 - Refusal to surrender licenses, permits, stamps, or records to department representatives

Current through Register Vol. 40, No. 24, July 15, 2024
No agent, or any other person for him, in possession of
				  issued or unissued hunting, fishing or trapping licenses, permits, stamps, or
				  records pertaining to them, shall refuse to surrender upon demand such
				  licenses, permits, stamps or records to department representatives authorized
				  by the director to take such licenses, permits, stamps, and records into
				  custody.
Statutory Authority
§§ 29.1-103, 29.1-501 and 29.1-502 of the Code
					 of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-120 - Appointment of new consignment agents for sale of hunting and fishing licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except
				as provided below, no person shall be appointed as a consignment agent for the
				sale of hunting and fishing licenses unless he first sells licenses on a cash
				basis for at least one year. In addition, the dollar volume of actual or
				projected sales must equal at least 90% of the average hunting and fishing
				license sales of consignment agents in the locality.
B. If the cash agent sells the required
				number of licenses, he may be appointed as a consignment agent, provided he is
				approved for a surety bond by the board's bonding company.
C. This chapter is applicable to new
				appointments and not to transfers of existing appointments; provided, that the
				director may appoint consignment agents as needed to provide for a minimum of
				two consignment agents within a locality. In addition, the director may appoint
				consignment agents on state-owned or state-leased facilities.
Statutory Authority
§§ 29.1-501 and 29.1-502 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-140 - Endangered species; definitions

Current through Register Vol. 40, No. 24, July 15, 2024
For the purposes of §§ 29.1-564 through 29.1-570
				  of the Code of Virginia,
				  4VAC15-20-130, and this
				  section:
1. "Endangered species" means
				any species which is in danger of extinction throughout all or a significant
				portion of its range within the Commonwealth, other than a species of the class
				Insecta deemed to be a pest whose protection would present an overriding risk
				to the health or economic welfare of the Commonwealth.
2. "Fish or wildlife" means any member of the
				animal kingdom, vertebrate or invertebrate, without limitation, and includes
				any part, products, egg, or the dead body or parts of it.
3. "Harass," in the definition of "take,"
				means an intentional or negligent act or omission which creates the likelihood
				of injury to wildlife by annoying it to such an extent as to significantly
				disrupt normal behavior patterns which include, but are not limited to,
				breeding, feeding or sheltering.
4.
				"Harm," in the definition of "take," means an act which actually kills or
				injures wildlife. Such act may include significant habitat modifications or
				degradation where it actually kills or injures wildlife by significantly
				impairing essential behavioral patterns, including breeding, feeding or
				sheltering.
5. "Person" means any
				individual, firm, corporation, association or partnership.
6. "Species" includes any subspecies of fish
				or wildlife and any distinct population segment of any species or vertebrate
				fish or wildlife which interbreed when mature.
7. "Take" means to harass, harm, pursue,
				hunt, shoot, wound, kill, trap, capture, possess or collect, or to attempt to
				engage in any such conduct.
8.
				"Threatened species" means any species which is likely to become an endangered
				species within the foreseeable future throughout all or a significant portion
				of its range within the Commonwealth.
Statutory Authority: §§ 29.1-103 of the Code of
					 Virginia (4VAC15-20-65 ).
§ 29.1-501 of the Code of Virginia (4VAC15-20-50,
					 4VAC15-20-65, and
					 4VAC15-20-140
					 ).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-150 - Structures on department-owned lands and national forest lands

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
				unlawful to construct, maintain or occupy any permanent structure, except by
				permit, on department-owned lands and national forest lands. This provision
				shall not apply to structures, stands or blinds provided by the
				department.
B. It shall be unlawful
				to maintain any temporary dwelling on department-owned lands for a period
				greater than 14 consecutive days. Any person constructing or occupying any
				temporary structure shall be responsible for complete removal of such
				structures when vacating the site.
C. It shall be unlawful to construct,
				maintain or occupy any tree stand on department-owned lands and national forest
				lands and on Department of Conservation and Recreation owned or controlled
				lands, provided that portable tree stands which are not permanently affixed may
				be used.
D. Portable tree stands
				that are not permanently affixed can be placed on department-owned lands on or
				after September 15 and must be removed on or prior to January 31 of the
				following calendar year. Tree stands will be considered abandoned and will be
				confiscated by the department if left on department-owned lands after January
				31.
Statutory Authority: §§
											29.1-103,
					 29.1-501,
					 and
					 29.1-502
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-151 - Manipulation of vegetation on department-owned lands

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful to plant, manipulate,
				cut, mutilate, destroy, or remove vegetation or to remove other minerals,
				artifacts, or other property from department-owned lands.
B. Nothing in this section shall prohibit the
				gathering of mushrooms, picking of berries, or collection of other
				fruits.
C. The use of down and dead
				trees and branches as firewood while camping on a wildlife management area
				shall be allowed by individuals with a valid camping permit issued by the
				department.
D. The department may
				issue permits for the collection of firewood under conditions and in locations
				determined by the department.
E.
				Nothing in this section shall prohibit department employees, contractors, or
				permitees from engaging in agriculture, forestry, herbicide application, or
				other habitat restoration and manipulation for the purpose of enhancing
				wildlife habitat and populations.
Statutory Authority: §§
											29.1-103,
					 29.1-501,
					 and
					 29.1-502
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 15 - DEPARTMENT OF WILDLIFE RESOURCES › Chapter 20 - DEFINITIONS AND MISCELLANEOUS: IN GENERAL › Section 4VAC15-20-152 - Target shooting on department-owned lands

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be unlawful to target shoot on any department-owned
				  or department-managed lands, except at designated ranges. Target shooting is
				  defined as the discharge of a firearm (as defined in §
									18.2-308.2:2
				  of the Code of Virginia), muzzleloader (as defined in
				  4VAC15-50-71
				  ), or archery equipment (as defined in
				  4VAC15-40-20
				  ) for purposes other than hunting, trapping, or self-defense. Nothing in this
				  regulation shall prohibit department employees in execution of their duties
				  from training with department-issued firearms.
Statutory Authority: §§
											29.1-103,
					 29.1-501,
					 and
					 29.1-502
					 of the Code of Virginia.