10.1-1173 - Authority of State Forester; reforestation options; lien.

§ 10.1-1173. Authority of State Forester; reforestation options; lien.

The State Forester is authorized, upon the request of a landowner, to examinetimberland and make recommendations concerning reforestation. He may makeavailable to landowners, with or without charge, use of specializedstate-owned equipment and tree seedlings, tree seed, materials, and servicesof specialized state personnel for the purpose of preparing land forreforestation and reforesting land devoted to growing timber, in accordancewith administrative regulations.

Upon the completion of each separate reforestation project in accordance withthe recommendations and approval of the State Forester, the State Forestershall determine the total cost of the project including money paid or payableto a contractor for services performed on the project, for labor, and forother costs incurred by the landowner, including a standard rental rate valuefor 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 StateForester: whenever a landowner completes a reforestation project inaccordance with the recommendations and approval of the State Forester,through the use of his own equipment, material and personnel, or through theemployment of a contractor where no state equipment, materials or personnelare used, or are used only in part, the State Forester shall determine thetotal cost of the project based on current commercial rental rate formachines similar to types used, cost of material, and cost of personnel wherethe landowner does his own work on the project, or based on the contractor'sstatement of cost or paid receipts furnished by the landowner where work isdone by a contractor together with and at the standard rental value for useof any state-owned specialized equipment, tree seedlings, tree seed,materials, and specialized state personnel used on the project. The StateForester, from funds appropriated for the purposes of this article, may payto the landowner an amount not to exceed seventy-five percent of the totalcost 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.)