CHAPTER 657

An Act to amend the Code of Virginia by adding wn Chapter 4 of Title 10
an article numbered 8 containing sections numbered 10-90.2 to
10-90.9, inclusive, establishing the responsibility of the Department
of Conservation and Development, The Division of Forestry thereof,
and the State Forester relating to control of certain insects and
diseases attacking forest trees; providing for cooperation between cer-
tain persons and agencies in carrying out the purposes of the article;
providing for appeals; establishing a special fund tn the State treasury
and directing the payment of certain moneys thereto; and appropriat-
ing funds.

[H 328]

Approved April 4, 1952

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding in Chapter 4 of
Title 10 an article numbered 8 containing sections numbered 10-90.2 to
10-90.14, inclusive, as follows:

Article 8
Insect Infestation and Diseases of Forest Trees

§ 10-90.2. Purpose and Intent of Act.—The purpose of this article
is to place within the Department of Conservation and Development,
Division of Forest Service, the authority and responsibility for investigat-
ing insect infestations and disease infections which affect stands of forest
trees, devising and demonstrating control measures to interested land
owners and others. —

§ 10-90.3. Authority of Department of Conservation and Develop-
ment.—Authority and responsibility for carrying out the purpose, intent
and provisions of this article are hereby delegated to the Department of
Conservation and Development, Division of Forest Service. The admin-
istration of the provisions of this article shall be by the State Forester
under the general supervision of the Director. Authority for quarantine
procedure now vested in the Department of Agriculture and Immigration
shall remain in that Department.

§ 10-90.4. Definitions.—As used in this article, unless the context
clearly requires otherwise:

(1) “Person” includes an individual, partnership, corporation, com-
pany, society, or association.

(2) “Forest trees” mean only those trees which are a part of and
constitute a stand of potential, immature, or mature commercial timber
trees; provided, that the term “forest trees” shall be deemed to include
shade trees of any species around houses, along highways and within
cities and towns if the same constitute an insect or disease menace to
nearby timber trees or timber stands.

(3) ‘Forest land’ means land on which forest trees occur.

(4) “Control zone’ means an area of potential or actual infestation
or infection, the boundaries of which are fixed and clearly described in
a manner to definitely identify the zone.

(5) “Infestation” means infestation by means of any insect which
is by regulation of the Board declared to be dangerously injurious to forest
trees.

(6) “Infection” means infection by any disease affecting forest trees
which is declared by regulation of the Board to be dangerously injurious
thereto.

§ 10-90.5. State Forester to investigate; notice to landowners.—
Where an insect infestation or disease infection is believed to exist on
forest land within this State, the State Forester shall investigate the
condition. Whenever he finds that an infestation or infection exists he shall
give notice in writing by mail or otherwise to each forest landowner within
the affected area, advising him of the nature of the infestation or infection,
the recommended control measures, and offer him technical advice on
methods of carrying out control] measures.

§ 10-90.6. Appeals—Any person damaged or aggrieved by any
action of the State Forester or any other officer or employee of the Depart-
ment under the provisions of this article shall have the right to appeal to
the circuit court of the county in which such person resides or in which
he owns forest land affected by such action. The court, after hearing the
evidence in the case, may make such orders as may be appropriate to
protect the interests of the appellant, adjacent forest landowners, or the

tate.

§ 10-90.7. Cooperation with individuals and public agencies.—The
Department of Conservation and Development and the Division of Forest
Service are authorized to cooperate with persons, counties, State agencies,
and United States Government agencies, and the appropriate authorities
of adjacent states concerning forest tree insect and disease investigation
and control, and to accept money, gifts and donations and to disburse the
same for the purpose of carrying out the provisions of this article.

§ 10-90.8. Cooperation in white pine blister rust control.—The
authorization granted in § 10-90.7 includes the white pine blister rust
control cooperative project at present being carried out between the Vir-
ginia Department of Agriculture and Immigration and the United States
Department of Agriculture.

§ 10-90.9. There is hereby created in the State treasury a special
fund to be known as the Control of Forest Tree Insects and Diseases Fund.
Such fund shall consist of all moneys appropriated thereto by the General
Assembly, all revenues collected under the provisions of this act, and any
moneys paid into the State treasury or to the State Forester or the Depart-
ment of Conservation and Development by the federal government or any
agency thereof to be used for the purposes of this act. All such funds
are hereby appropriated to the Department of Conservation and Develop-
ment to be used to carry out the purposes of this act.

2. In order to carry out the provisions of this article there is hereby
appropriated to the Control of Forest Tree Insects and Diseases Fund
hereinabove created out of the general fund in the State treasury the sum
of twenty thousand dollars for each year of the biennium beginning July
one, nineteen hundred fifty-two.