CHAPTER 269

An Act to amend and reenact § 10-79.1 of the Code of Virginia, relating
to the procedure to insure proper planting after conviction of failing
to leave seed trees uncut, cash deposit or bond requirements and to
provide for inspection of the planting.

[fH 340]

Approved March 12, 1960

Be it enacted by the General Assembly of Virginia:
1. That § 10-79.1 of the Code of Virginia be amended and reenacted as
follows:
§ 10-79.1. * When any person shall be convicted of failing to leave
seed trees uncut as required by § 10-76 or 10-76.1 of this article, the Judge
of the County Court or the Judge of the Circuit Court, as the case may be,
shall require the person so convicted to immediately post with the Court a
cash deposit or a bond of a reputable surety company in favor of the State
Forester of Virginia in the amount of five dollars for each and every seed
tree adjudged to be in violation of this article.

The Judge of the County Court or the Circuit Court shall cause the
said cash deposit or surety bond to be delivered to the State Forester who
shall hold the said cash or surety bond in a special account, until it 1s used
or released as hereinafter provided. The purpose of the cash or surety bond
is to insure that the general cutover area on which seed trees are found to
be in violation shall be planted with tree seedlings of the same species as
the trees cut in violation of this article in a manner hereinafter specified.

For each tree found in violation under this article, one hundred tree
seedlings shall be planted on the general cutover area on which seed trees
are found in violation, in spots where seedlings, saplings or trees of the re-
quired species, as hereinafter specified, do not occur at the time of plant-
ing. Each seedling shall be planted in a separate hole, and the seedlings
shall be distributed over the area in such a manner that no planted seed-
ling shall be less than six feet distant from any other planted seedling, and
seedlings shall not be planted closer than six feet to any sapling or tree
which 1s liable to cast shade from direct sunlight over the planted seedling.
The seedlings shall be planted during the period of the year when forest
tree seedlings are customarily planted in the section of the State in which
the cutover area is located. After receipt of the tree seedlings from the
nursery, care shall be taken to keep the seedling roots in a moist, uninjured
condition at all times previous to actual planting, and the seedlings shall
be planted in a careful, workmanlike manner. Planted seedlings. shall be
of the same tree species as the seed trees found in violation, or if two or
more seed tree species are found in violation, the species of. the planted
seedlings shall be in proportion to the seed trees found in violation. The
above specified manner of planting and tree species planted shall be ob-
served whether the planting is done by the person found in violation of this
article, or by the State Forester. |

A person convicted of violation of this article may, within one year
next following date of conviction, plant tree seedlings on the general cut-
over area of the specie or species and in the manner hereinbefore specified.
Upon completion of the planting, the person shall immediately notify the
State Forester in writing that the area has been planted. The State For-
ester or his representative shall then inspect the area and if he finds the
planting to be done in accordance with the specifications hereinbefore set
forth, he shall notify the person in writing and return the cash deposit
or surety bond to the person depositing it.

If, upon inspection, the State Forester finds that the general cutover
area or any part thereof has not been planted in the manner and during
the period of year hereinbefore specified, or that the area has not been
planted previous to one year following date of conviction, the State For-
ester shall then plant the area during the next following planting season,
and do such forest cultural work as he may deem necessary by reason of
the delayed planting, keeping a careful and accurate account of all costs
incurred, including a reasonable administrative cost. Following completion
of the planting operation the State Forester shall prepare a certified state-
ment showing the cost of planting, which cost shall be paid from the cash
deposit, or if a surety bond has been deposited the State Forester shall
proceed to collect the cost of planting from the bonding company. The State
Forester shall then submit to the person making the deposit a certified
statement of the cost of planting, together with any cash remaining after
paying the cost of planting and forest cultural work, if any.

In no case shall the State Forester be required to expend for planting
and forest cultural operations more than five dollars per seed tree found
in violation of this article.