CHAPTER 244

An Act to amend and reenact §§ 10-76 as amended, 10-76.1 and 10-77,
10-81 and 10-88, as amended, of the Code of Virginia, relating to the
leaving of uncut trees for seeding purposes and to the effect of forestry
planting, cutting and management plans.

[H 339]

Approved March 11, 1960

Be it enacted by the General Assembly of Virginia:
1. That §§ 10-76 as amended, 10-76.1 and 10-77, 10-81 and 10-83, as
amended, of the Code of Virginia, be amended and reenacted as follows:
§ 10-76. Every landowner who cuts, or permits to be cut, or any person
who is responsible for cutting, or actually cuts, or any person who pro-
cures another to cut, or any person who owns the timber at the time of
cutting and knowingly and wilfully allows to be cut, for commercial
purposes, timber from one acre or more of land on any acre on which
loblolly pine (Pinus taeda), shortleaf pine (Pinus echinata), pond pine
(Pinus serotina), or white pine (Pinus strobus), singly or together, occur
and constitute ten per cent or more of the live trees on each acre or acres,
shall, unless there is in effect for such acre or acres a planting, cutting, or
management plan as provided in § 10-83, reserve and leave uncut and
uninjured not less than four cone-bearing loblolly, shortleaf, pond or white
pine trees fourteen inches or larger in diameter on each acre thus cut and
upon each acre on which loblolly, shortleaf, pond or white pine, singly
or together, occur as aforesaid; provided that where there are not present
four cone-bearing loblolly, shortleaf, pond or white pine trees fourteen
inches or larger in diameter on any particular acre, there shall be left
uncut and uninjured in place of each cone-bearing loblolly, shortleaf, pond
or white pine tree of this required diameter class not present two such
cone-bearing pine trees of the largest diameter present less than fourteen
inches in diameter. Such pine trees shall be left uncut 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.

§ 10-76.1. 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, or any person who owns the timber at the time of
cutting and knowingly and wilfully allows to be cut, for commercial
purposes, timber from one acre or more of land on any acre or acres on
which tupil poplar (Liriodendron tulipifera) occurs shall, unless there is
in effect for such acre or acres a planting, cutting, or management plan as
provided in § 10-88, reserve and leave uncut and uninjured not less than
two tulip poplar trees fourteen inches or larger in diameter on each acre
thus cut and on each acre or acres on which tulip poplar occurs as afore-
said; provided, that where there are not present two tulip poplar trees
fourteen inches in diameter on any particular acre, there shall be left
uncut and uninjured in place of each tulip poplar tree of this required
diameter class not present two tulip poplar trees of the largest diameter
present less than fourteen inches in diameter. Such tulip poplar trees
shall be left uncut for the purpose of reseeding the land and shall be healthy,
windfirm and of well developed crowns.

§ 10-77. Pine and tulip poplar trees, which are left uncut for purposes
of reseeding, shall be the property of the landowner but shall not be cut
until at least * five years have elapsed after the cutting of the timber on
such lands.

§ 10-81. This article 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 *
four hundred or more loblolly, shortleaf, pond or white pine or tulip
poplar seedlings, singly or together, * fowr feet or more in height.

§ 10.88. The provisions of this article shall not apply to any acre or
acres of forest land for which a planting, 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; provided, that if
such plan has been submitted to the State Forester by registered or certified
mail and he has not approved the same, or disapproved it with a statement
in writing of his reasons therefore, within a period of sixty days from the
date of submission, such plan shall be deemed approved and shall be ef-
fective for the purposes of this section; nor shall the provisions of this
article which required the leaving of pine seed trees on acres where less
than fifty per cent of the trees are loblolly or shortleaf pine, singly or to-
gether, apply to timber cutting rights acquired prior to July one, nineteen
hundred fifty.