§ 10.1-1168. Procedure to ensure proper planting after conviction; cashdeposit or bond; inspection or planting by State Forester.
When any person is convicted of failing to leave seed trees uncut as requiredby § 10.1-1164, the judge shall require the person so convicted toimmediately post with the court a cash deposit or a bond of a reputablesurety company in favor of the State Forester in the amount of thirty dollarsfor each seed tree cut in violation of this article. The total amount of thecash deposit or bond for any one acre shall not exceed $240.
The judge shall cause the cash deposit or surety bond to be delivered to theState Forester, who shall hold the cash or surety bond in a special accountuntil it is used or released as hereinafter provided. The purpose of the cashor surety bond is to ensure that the general cutover area on which seed treeshave been cut in violation of this article shall be planted with treeseedlings of the same species as the trees cut in violation of this articlein a manner hereinafter specified.
For each acre on which trees have been cut in violation of this article, anumber up to 600, as determined by the State Forester, of tree seedlingsshall be planted on the general cutover area on which seed trees were cut inviolation. Each seedling shall be planted in a separate hole at least sixfeet from any other planted seedling. Seedlings shall be planted at least sixfeet from any sapling or tree which may shade the planted seedling fromdirect sunlight. If stems of noncommercial species prevent the planting oftree seedlings in the manner herein described on any area in violation, asufficient number of such stems shall be cut, girdled or poisoned to permitthe required number of seedlings to be planted. The seedlings shall beplanted during the period of the year when forest tree seedlings arecustomarily planted in the section of the Commonwealth in which the cutoverarea is located. After receipt of the tree seedlings from the nursery, careshall be taken to keep the seedling roots in a moist, uninjured condition atall times prior to actual planting, and the seedlings shall be planted in acareful, workmanlike manner. Planted seedlings shall be of the same treespecies as the seed trees cut in violation, or if two or more seed treespecies are cut in violation, the species of the planted seedlings shall bein proportion to the seed trees cut in violation. The above specified mannerof planting and tree species planted shall be observed whether the plantingis done by the person found in violation of this article or by the StateForester.
A person convicted of violating this article may plant tree seedlings on thegeneral cutover area of the species and in the manner specified herein withinone year following the date of conviction. Upon completion of the planting,the person shall immediately notify the State Forester in writing that thearea has been planted. The State Forester or his representative shall theninspect the area and if he finds the planting to be done in accordance withthe specifications set forth, he shall notify the person in writing andreturn the cash deposit or surety bond to the person depositing it.
If, upon inspection, the State Forester finds that the general cutover areaor any part thereof has not been planted in the manner and during the periodof year specified, or that the area has not been planted previous to one yearfollowing the date of conviction, the State Forester shall then plant thearea during the next planting season, and do such forest cultural work as hedeems necessary by reason of the delayed planting, keeping a careful andaccurate account of all costs incurred, including a reasonable administrativecost. Following completion of the planting the State Forester shall prepare acertified statement showing the cost of planting, which shall be paid fromthe cash deposit, or if a surety bond has been deposited the State Forestershall collect the cost of planting from the bonding company. The StateForester shall then submit to the person making the deposit a certifiedstatement of the cost of planting, together with any cash remaining afterpaying the cost of planting and forest cultural work.
The State Forester shall not be required to expend for planting and forestcultural operations more than thirty dollars per seed tree cut in violationof this article.
(1956, c. 75, § 10-79.1; 1960, c. 269; 1972, c. 163; 1988, c. 891; 1996, c.285.)
§ 10.1-1168. Procedure to ensure proper planting after conviction; cashdeposit or bond; inspection or planting by State Forester.
When any person is convicted of failing to leave seed trees uncut as requiredby § 10.1-1164, the judge shall require the person so convicted toimmediately post with the court a cash deposit or a bond of a reputablesurety company in favor of the State Forester in the amount of thirty dollarsfor each seed tree cut in violation of this article. The total amount of thecash deposit or bond for any one acre shall not exceed $240.
The judge shall cause the cash deposit or surety bond to be delivered to theState Forester, who shall hold the cash or surety bond in a special accountuntil it is used or released as hereinafter provided. The purpose of the cashor surety bond is to ensure that the general cutover area on which seed treeshave been cut in violation of this article shall be planted with treeseedlings of the same species as the trees cut in violation of this articlein a manner hereinafter specified.
For each acre on which trees have been cut in violation of this article, anumber up to 600, as determined by the State Forester, of tree seedlingsshall be planted on the general cutover area on which seed trees were cut inviolation. Each seedling shall be planted in a separate hole at least sixfeet from any other planted seedling. Seedlings shall be planted at least sixfeet from any sapling or tree which may shade the planted seedling fromdirect sunlight. If stems of noncommercial species prevent the planting oftree seedlings in the manner herein described on any area in violation, asufficient number of such stems shall be cut, girdled or poisoned to permitthe required number of seedlings to be planted. The seedlings shall beplanted during the period of the year when forest tree seedlings arecustomarily planted in the section of the Commonwealth in which the cutoverarea is located. After receipt of the tree seedlings from the nursery, careshall be taken to keep the seedling roots in a moist, uninjured condition atall times prior to actual planting, and the seedlings shall be planted in acareful, workmanlike manner. Planted seedlings shall be of the same treespecies as the seed trees cut in violation, or if two or more seed treespecies are cut in violation, the species of the planted seedlings shall bein proportion to the seed trees cut in violation. The above specified mannerof planting and tree species planted shall be observed whether the plantingis done by the person found in violation of this article or by the StateForester.
A person convicted of violating this article may plant tree seedlings on thegeneral cutover area of the species and in the manner specified herein withinone year following the date of conviction. Upon completion of the planting,the person shall immediately notify the State Forester in writing that thearea has been planted. The State Forester or his representative shall theninspect the area and if he finds the planting to be done in accordance withthe specifications set forth, he shall notify the person in writing andreturn the cash deposit or surety bond to the person depositing it.
If, upon inspection, the State Forester finds that the general cutover areaor any part thereof has not been planted in the manner and during the periodof year specified, or that the area has not been planted previous to one yearfollowing the date of conviction, the State Forester shall then plant thearea during the next planting season, and do such forest cultural work as hedeems necessary by reason of the delayed planting, keeping a careful andaccurate account of all costs incurred, including a reasonable administrativecost. Following completion of the planting the State Forester shall prepare acertified statement showing the cost of planting, which shall be paid fromthe cash deposit, or if a surety bond has been deposited the State Forestershall collect the cost of planting from the bonding company. The StateForester shall then submit to the person making the deposit a certifiedstatement of the cost of planting, together with any cash remaining afterpaying the cost of planting and forest cultural work.
The State Forester shall not be required to expend for planting and forestcultural operations more than thirty dollars per seed tree cut in violationof this article.
(1956, c. 75, § 10-79.1; 1960, c. 269; 1972, c. 163; 1988, c. 891; 1996, c.285.)
§ 10.1-1168. Procedure to ensure proper planting after conviction; cashdeposit or bond; inspection or planting by State Forester.
When any person is convicted of failing to leave seed trees uncut as requiredby § 10.1-1164, the judge shall require the person so convicted toimmediately post with the court a cash deposit or a bond of a reputablesurety company in favor of the State Forester in the amount of thirty dollarsfor each seed tree cut in violation of this article. The total amount of thecash deposit or bond for any one acre shall not exceed $240.
The judge shall cause the cash deposit or surety bond to be delivered to theState Forester, who shall hold the cash or surety bond in a special accountuntil it is used or released as hereinafter provided. The purpose of the cashor surety bond is to ensure that the general cutover area on which seed treeshave been cut in violation of this article shall be planted with treeseedlings of the same species as the trees cut in violation of this articlein a manner hereinafter specified.
For each acre on which trees have been cut in violation of this article, anumber up to 600, as determined by the State Forester, of tree seedlingsshall be planted on the general cutover area on which seed trees were cut inviolation. Each seedling shall be planted in a separate hole at least sixfeet from any other planted seedling. Seedlings shall be planted at least sixfeet from any sapling or tree which may shade the planted seedling fromdirect sunlight. If stems of noncommercial species prevent the planting oftree seedlings in the manner herein described on any area in violation, asufficient number of such stems shall be cut, girdled or poisoned to permitthe required number of seedlings to be planted. The seedlings shall beplanted during the period of the year when forest tree seedlings arecustomarily planted in the section of the Commonwealth in which the cutoverarea is located. After receipt of the tree seedlings from the nursery, careshall be taken to keep the seedling roots in a moist, uninjured condition atall times prior to actual planting, and the seedlings shall be planted in acareful, workmanlike manner. Planted seedlings shall be of the same treespecies as the seed trees cut in violation, or if two or more seed treespecies are cut in violation, the species of the planted seedlings shall bein proportion to the seed trees cut in violation. The above specified mannerof planting and tree species planted shall be observed whether the plantingis done by the person found in violation of this article or by the StateForester.
A person convicted of violating this article may plant tree seedlings on thegeneral cutover area of the species and in the manner specified herein withinone year following the date of conviction. Upon completion of the planting,the person shall immediately notify the State Forester in writing that thearea has been planted. The State Forester or his representative shall theninspect the area and if he finds the planting to be done in accordance withthe specifications set forth, he shall notify the person in writing andreturn the cash deposit or surety bond to the person depositing it.
If, upon inspection, the State Forester finds that the general cutover areaor any part thereof has not been planted in the manner and during the periodof year specified, or that the area has not been planted previous to one yearfollowing the date of conviction, the State Forester shall then plant thearea during the next planting season, and do such forest cultural work as hedeems necessary by reason of the delayed planting, keeping a careful andaccurate account of all costs incurred, including a reasonable administrativecost. Following completion of the planting the State Forester shall prepare acertified statement showing the cost of planting, which shall be paid fromthe cash deposit, or if a surety bond has been deposited the State Forestershall collect the cost of planting from the bonding company. The StateForester shall then submit to the person making the deposit a certifiedstatement of the cost of planting, together with any cash remaining afterpaying the cost of planting and forest cultural work.
The State Forester shall not be required to expend for planting and forestcultural operations more than thirty dollars per seed tree cut in violationof this article.
(1956, c. 75, § 10-79.1; 1960, c. 269; 1972, c. 163; 1988, c. 891; 1996, c.285.)
