10.1-1126.1 - Silvicultural practices; local government authority limited.
§ 10.1-1126.1. Silvicultural practices; local government authority limited.
A. Forestry, when practiced in accordance with accepted silvicultural bestmanagement practices as determined by the State Forester pursuant to §10.1-1105, constitutes a beneficial and desirable use of the Commonwealth'sforest resources.
B. Notwithstanding any other provision of law, silvicultural activity, asdefined in § 10.1-1181.1, that (i) is conducted in accordance with thesilvicultural best management practices developed and enforced by the StateForester pursuant to § 10.1-1105 and (ii) is located on property defined asreal estate devoted to forest use under § 58.1-3230 or in a districtestablished pursuant to Chapter 43 (§ 15.2-4300 et seq.) or Chapter 44 (§15.2-4400 et seq.) of Title 15.2, shall not be prohibited or unreasonablylimited by a local government's use of its police, planning and zoningpowers. Local ordinances and regulations shall not require a permit or imposea fee for such silvicultural activity. Local ordinances and regulationspertaining to such silvicultural activity shall be reasonable and necessaryto protect the health, safety and welfare of citizens residing in thelocality, and shall not be in conflict with the purposes of promoting thegrowth, continuation and beneficial use of the Commonwealth's privately ownedforest resources. Prior to the adoption of any ordinance or regulationpertaining to silvicultural activity, a locality may consult with, andrequest a determination from, the State Forester as to whether the ordinanceor regulation conflicts with the purposes of this section. Nothing in thissection shall preclude a locality from requiring a review by the zoningadministrator, which shall not exceed ten working days, to determine whethera proposed silvicultural activity complies with applicable local zoningrequirements.
C. The provisions of this section shall apply to the harvesting of timber,provided that the area on which such harvesting occurs is reforestedartificially or naturally in accordance with the provisions of Chapter 11 (§10.1-1100 et seq.) of Title 10.1 or is converted to bona fide agricultural orimproved pasture use as described in subsection B of § 10.1-1163.
The provisions of this section shall not apply to land that has been rezonedor converted at the request of the owner or previous owner from anagricultural or rural to a residential, commercial or industrial zone or use.
Nothing in this section shall affect any requirement imposed pursuant to theChesapeake Bay Preservation Act (§ 10.1-2100 et seq.) or imposed by alocality pursuant to the designation of a scenic highway or Virginia byway inaccordance with Article 5 (§ 33.1-62 et seq.) of Chapter 1 of Title 33.1.
(1997, c. 7.)