CHAPTER 46

AN ACT to amend and reenact §8§ 10-76, 10-79, 10-80 and 10-83 of
the Code of 1950, relating to leaving trees unout for seeding
purposes, penalties for violations, effectiveness of the article
in counties, and exclusions from the provisions thereof.

[S 98]

Approved February 23, 1950

Be it enacted by the General Assembly of Virginia:
1. That §§ 10-76, 10-79, 10-80 and 10-83 of the Code of 1950 be
amended and reenacted as follows:
§ 10-76. Trees which must be left uncut for reseeding pur-
poses.—Every landowner who cuts, or permits to be cut, or any
person who is responsible for cutting, or actually cuts, or any per-
son who procures another to cut, for commercial purposes, timber
from one acre or more of land on any acre on which loblolly pine
(Pinus taeda), or shortleaf pine (Pinus echinata), singly or together,
* occur, 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 cone-
bearing 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 cone-
bearing 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.

§ 10-79. Forfeiture for violation of article—Any person vio-
lating any of the provisions of this article shall forfeit to the Com-
monwealth the sum of * ten dollars for each such seed tree cut from
the land on which it is required by this article 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 article.

§ 10-80. Necessity for resolution of governing body declaring
article effective—This article shall not apply in any county
unless and until the governing body of such county has, by resolu-
tion 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 * that this article shall be effective in Caroline,
Hanover and King William counties without action on the part
of the governing body, and in all counties whose governing bodies
adopted the provisions of § 549-al of the Code of 1919, or of this
article, prior to January one, nineteen hundred fifty.

§ 10-83. Land for which cutting plan prepared.—The pro-
visions of this article 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 :
nor shall the provisions of this article requiring the leaving of pine
seed trees on acres where less than fifty per cent of the trees are
loblolly or shortleaf pine, singly or together, apply to timber
cutting rights acquired prior to July one, nineteen hundred fifty.