10.1-1169 - Liability for failure to carry out planting, cutting or management plan; reforestation of area by State Forester.
§ 10.1-1169. Liability for failure to carry out planting, cutting ormanagement plan; reforestation of area by State Forester.
A. Any person failing to carry out, fulfill or complete any term or provisionof any planting, cutting, or management plan submitted to and approved by theState Forester as provided in subsection D of § 10.1-1163 shall be liable tothe Commonwealth in a civil suit brought by the Attorney General in the nameof the Commonwealth in any court of competent jurisdiction for, at least $240per acre for each acre or part of an acre subject to such plan and legal feesincurred by the Commonwealth. All moneys collected pursuant to thissubsection, exclusive of court costs and legal fees incurred by theCommonwealth, shall be delivered to the State Forester, who shall deposit themoney in the Forestry Operations Fund in the state treasury until it is usedor released as hereinafter provided. Such deposit may only be spent to ensurethat the area for which the planting, cutting or management plan was approvedby the State Forester shall be reforested in the manner hereinafter specified.
B. During the year following the date of payment of any judgment rendered infavor of the Commonwealth pursuant to subsection A of this section and at theseason when forest tree seedlings are customarily planted in the section ofthe Commonwealth where the planting, cutting or management plan area islocated, 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 areaadequately. The tree species used in reforesting the area may be the same asthe pine species cut from the area, or the species may be a mixture suitablefor reforesting the area, in the judgment of the State Forester.
C. If, upon inspection, the State Forester finds that the area for which theforest 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 theestablishment and development of the planted tree seedlings, he may performor cause to be performed forest cultural measures, such as bulldozing,disking, poisoning by spray, and similar measures, necessary to make the areasuitable 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 fromthe Forestry Operations Fund into the Department operating account forprotection and development of the forest resources of the Commonwealth. If,after having complied with the reforestation provisions of this section, anymoney remains in the special account to the credit of any particular case,the unexpended balance shall be paid to the person against whom a judgmentwas rendered pursuant to the provisions of subsection A.
E. The expenditure by the State Forester for reforestation on any individualarea as herein provided shall not exceed the amount of the judgment paid forthe reforestation of such area.
(1964, c. 235, § 10-83.01; 1972, c. 163; 1986, c. 567; 1988, c. 891; 1996, c.285.)