Chap. 413.—-An ACT to amend and re-enact Section 549-a of the Code of Virginia,
‘relating to pine seed trees, so as, among other things, to make its operation
statewide, to increase the size of trees required to be left, under certain condi-
tions, and to reduce the penalty prescribed for violations. [S B 155]

Approved April 4, 1942

1. Be it enacted by the General Assembly of Virginia, That section
five hundred and forty-nine-a of the Code of Virginia be amended and
re-enacted, as follows:

Section 549-a. Every landowner who cuts, or permits to be cut, or
any person who 1s responsible for cutting, or actually cuts, or any person
who procures another to cut, for commercial purposes, timber from one
acre or more of land on any acre of which loblolly pine (Pinus taeda), or
shortleaf pine (Pinus echinata), singly or together, predominate and
represent fifty per centum or more of the total number of trees present
thereon, shall reserve and leave uncut and uninjured not less than four
conebearing loblolly or shortleaf pine trees twelve inches or larger in
diameter on each acre thus cut and upon each acre on which loblolly and
shortleaf pine, singly or together, predominate as aforesaid; provided
that where there are not present four conebearing loblolly or shortleaf
pine trees twelve inches or larger in diameter on any particular acre, there
shall be left uncut and uninjured in place of each conebearing loblolly or
shortleaf pine tree of this required diameter class not present two such
conebearing trees of the largest diameter less than twelve incres in
diameter. Such pine trees shall be for the purpose of reseeding the land
and shall be healthy, windfirm, and of well developed crowns, evidencing
seed bearing ability by the presence of cones in the crowns.

For the purpose of this section—

“Tree” means any tree of a currently commercially valuable species
which is four inches or more in diameter ; and
cH. 413] ACTS OF ASSEMBLY 663

“Diameter” means the distance through a tree at the point of average
thickness as measured from outside of bark to outside of bark at a point
on the trunk ten inches above the general ground level.

Pine trees, which are left uncut for purposes of reseeding shall be
the property of the landowner but shall not be cut until at least ten years
have elapsed after the cutting of the timber on such lands.

Nothing contained in this section shall apply to any landowner or
person who clears or who procures another to clear his land for bona
fide agricultural or pasture purposes or for the purpose of sub-dividing
such land for sale for building sites. For the purpose of this section,
evidence of intent of bona fide agricultural or pasture use shall require,
as a minimum and within six months from the date of completion of
commercial cutting, that the land intended for such use shall be cleared
of all trees, snags, brush, tree tops, and debris by piling and burning or
otherwise disposing of same.

The State Forester shall distribute notices calling attention to the
provisions of this section to forest wardens for posting in conspicuous
places in all counties where loblolly or shortleaf pine timber grows in
appreciable quantities, and may cause such notices to be published in
newspapers of general circulation in such counties.

Any person violating any of the provisions of this section shall forfeit
to the Commonwealth the sum of two dollars and fifty cents ($2.50) for
each such seed tree cut from the land on which it is required by this
section to be left, which forfeiture may be recovered on the complaint of
any person before the trial justice of the county in which such land is
located. It shall be the duty of the Commonwealth’s Attorneys for the
several counties to institute and prosecute proceedings for the recovery
of forfeitures under this section.

It is provided, however, that this act shall not apply where cutting
rights are acquired covering trees of not less than eight inches in diameter
outside bark ten inches above the ground, and no trees of smaller size are
cut for commercial purposes.

2. Be it further enacted; That the section amended by this act shall
not apply with respect to any tract of timber as to which a contract for
the cutting thereof was executed prior to the date upon which this act
becomes effective, provided that the cutting rights acquired by such
contract will expire within five years after the said effective date; nor
shall it apply in any county unless and until the board of supervisors of
such county has, by resolution adopted by a majority vote, declared it to
be effective in such county, and the State Forester has received a certified
copy of such resolution duly attested by the clerk of the circuit court of
such county; provided, however, that any county which has by action of
its board of supervisors adopted this act heretofore shall continue under
the act as amended until by affirmative action the board of supervisors
shall withdraw from the terms of the act, and provided further that this
act as amended shall be effective in Caroline, Hanover and King William
counties without action on the part of its board of supervisors.

(1) Provided, however, this act shall not apply to any acre of land
on which there are present at the time of final cutting of the timber as
many as five hundred or more loblolly or shortleaf pine seedlings, singly
or together, six feet or more in height, or three hundred seedlings ten
feet or more in height ; and

(2) Provided, further, this act shall not apply to counties bordering
on the Atlantic Ocean.