Chap. 498.—An ACT to repeal Section 549-a of the Code of Virginia, as amended,
and Chapter 413 of the Acts of Assembly of 1942, approved April 4, 1942,
the section of the Code and act respectively relating to pine seed trees; to
amend the Code of Virginia by adding a new section numbered 549-a 1,
relating to pine seed trees. [S 196]

Approved April 5, 1948

Be it enacted by the General Assembly of Virginia:

1. Section five hundred forty-nine-a of the Code of Virginia, as
amended, and chapter four hundred thirteen of the Acts of Assembly
of nineteen hundred forty-two, approved April four, nineteen hundred
forty-two, are repealed.

2. The Code of Virginia is hereby amended by adding thereto a
new section numbered five hundred forty-nine-a one, as follows:

Section 549-a 1. Every landowner who cuts, or permits to be
cut, or any person who is 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 fourteen
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 fourteen 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 fourteen inches 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

“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 on 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.

This section shall not 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 heretofore adopted
section five hundred forty-nine-a or any amendment thereof shall continue
under this section unless within one year of the effective date hereof by
affirmative action the board of supervisors shall withdraw from the terms
of this section, and provided further that this section shall be effective
in Caroline, Hanover and King William counties without action on the
part of the board of supervisors.

Provided, further that this section shall not apply to any acre of
land on which there are present at the time of fnal cutting of the
timber as many as five hundred or more loblolly or shortleaf pine seed-
lings singly or together, six feet or more in height, or three hundred
seedlings ten feet or more in height ; and

Provided, further, the provisions of this section shall not apply to any
acre or acres of forest land for which a cutting or management plan
has been prepared, designed to procure the reproduction of and maintain
the growth of young thrifty trees of commercially valuable species, and
which plan has been submitted to and approved by the State Forester
previous to the cutting of any trees on the acre or acres concerned.