CHAPTER 235

An Act to amend the Code of Virginia by adding a section numbered
10-88.1 relating to failure to fulfill the terms and provisions of

§ 10-88 of the Code of Virginia.
[S 65]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1, That the Code of Virginia be amended by adding a section numbered
10-83.1, as follows:

§ 10-83.1 (a) Any person failing to carry out, fulfill or complete on
any acre or acres any of the terms or provisions of any planting, cutting,
or management plan submitted to and approved by the State Forester as
provided in § 10-83 of this Article shall be liable to the Commonwealth of
Virginia in a civil suit brought by the Attorney General in the name of the
Commonwealth in any court of competent jurisdiction for the failure to
carry out, fulfill or complete such plan in an amount not less than twenty
dollars per acre for each acre or part of an acre subject to such plan. All
monies collected pursuant to this subsection (a) of § 10-83.1, exclusive of
court costs and legal fees incurred by the State, shall be delivered to the
State Forester who shall deposit the same in a special account in the
State Treasury until it is used or released as hereinafter provided. Such
deposit may only be spent to insure that the area for which the planting,
cutting or management plan was approved by the State Forester shall
be reforested in the manner hereinafter specified.

(b) During the year following the date of payment of any judgment
rendered in favor of the Commonwealth pursuant to subsection (a) of this
section and at the season of the year when forest tree seedlings are custom-
arily planted in the section of the State where the planting, cutting or
management plan area is located, the State Forester shall plant, or cause
to be planted, on the area, as many forest tree seedlings as may be neces-
sary, in his judgment, to reforest the area adequately. The tree species used
in reforesting the area may be the same as the pine or poplar species cut
from the area, or the species may be a mixture suitable for reforesting the
area, in the judgment of the State Forester.

(c) If, upon inspection, the State Forester finds that the area for
which the forest management plan was approved is covered with a growth
of woody plants, sprouts, brush and briars of such a density as to retard
or preclude the establishment and development of the planted tree seed-
lings, he may perform or cause to be performed forest cultural measures,
such as bulldozing, disking, poisoning by spray, and similar measures,
necessary to make the area suitable for the planting, establishment and
development of tree seedlings.

(d) The State Forester shall keep an accurate account of all costs
involved, including reasonable administrative costs and shall transfer
such costs from the aforementioned special account into the Division of
Forestry operating account for “protection and development of the forest
resources” of the State. If, after having complied with the reforestation
provisions of this section, any money shall remain unexpended in the
special account to the credit of any particular case, the unexpended
balance shall be paid to the person against whom a judgment was rendered
pursuant to the provisions of subsection (a) of this section.

(e) The expenditure by the State Forester for reforestation on any
individual area as herein provided shall not exceed the amount of the judg-
ment paid for the reforestation of such area.