Administrative Code

Virginia Administrative Code
12/3/2021

Chapter 40. Reforestation of Timberlands Regulations

Part I
Definitions

4VAC10-40-10. Definitions.

The following words and terms when used in this regulation shall have the following meanings unless the context indicates otherwise:

"Acre" means one or more acres or part of an acre or any combination of them.

"Board" means the Board of Forestry.

"Department" means the Department of Forestry.

"Forest Products Tax Act" means the tax paid by every person engaged in the Commonwealth in business as a manufacturer or shipper of forest products for sale, profit, or commercial use (§ 58.1-1600 of the Code of Virginia).

"Project" means the reforestation activity, completed or an approved portion of it, on a specific number of acres, in a specific location under one ownership.

"Reforestation Act" means Reforestation of Timberlands Act, Article 10 (§ 10.1-1170 et seq.) of Chapter 11 of Title 10.1 of the Code of Virginia.

"Reforestation assistance" means funds, material, personnel or other assistance made available to a landowner pursuant to § 10.1-1173 of the Reforestation Act and these Reforestation of Timberlands Regulations.

"State Forester" means the chief executive officer of the Department of Forestry.

"Tract" means specific acreage upon which a reforestation project is conducted.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-10 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-10, Virginia Register Volume 22, Issue 21, eff. July 26, 2006; amended, Virginia Register Volume 30, Issue 7, eff. January 31, 2014.

Part II
Construction and Scope of Regulations

4VAC10-40-20. Construction.

In the interpretation of the Reforestation of Timberlands Regulations, their provisions shall be construed as follows:

1. Terms in the singular shall include the plural and vice versa.

2. Terms in the masculine shall include the feminine and the neuter.

3. Requirements or prohibitions of any act shall, respectively, extend to and include the causing or procuring, directly or indirectly, of such act.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-20 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-20, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

4VAC10-40-30. Territorial scope.

Reforestation assistance shall be available with respect to all privately owned forest lands within the boundaries of the Commonwealth of Virginia except as hereinafter provided.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-30 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-30, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

Part III
Qualifying and Nonqualifying Species, Type of Land Cover, Land Area, and Practices

4VAC10-40-40. Qualifying species.

Reforestation assistance shall be available only for the preparation of land for reforestation with commercially valuable species of pine, and for reforesting land suitable for growing timber with commercially valuable species of pine.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-40 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; renumbered as 4VAC10-40-40, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

4VAC10-40-50. Nonqualifying type of land cover.

In addition to those acres to which the Reforestation Act does not apply pursuant to the provisions of § 10.1-1171 of the Reforestation Act, reforestation assistance shall not be available with respect to the following:

1. Any acre on which there are present 400 or more well distributed and free-to-grow loblolly pine (Pinus taeda), short leaf pine (Pinus echinata), white pine (Pinus strobus), or pitch pine (Pinus rigida) stems, singly or together, four feet or more in height, measured from ground level to tip of stem.

2. Any acre on which loblolly pine (Pinus taeda), short leaf pine (Pinus echinata), or white pine (Pinus strobus), singly or together, occur and exceed in number 50 live, thrifty trees of the above species six inches or more in diameter of the point of average thickness measured from outside of bark to outside of bark at a point on the trunk 10 inches above the general ground level.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-50 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-50, Virginia Register Volume 22, Issue 21, eff. July 26, 2006; amended, Virginia Register Volume 30, Issue 7, eff. January 31, 2014.

4VAC10-40-60. Minimum and maximum land area.

The board and the State Forester are authorized, within the 500-acre maximum provided in § 10.1-1171 of the Reforestation Act, to determine, from year to year, the number of acres belonging to any one owner for which reforestation assistance shall be made available.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-60 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-60, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

4VAC10-40-70. Qualifying practices.

The type of forest practices qualifying for reforestation assistance shall include any method approved by the board and State Forester designed to:

1. Prepare land for reforestation.

2. Reforest land.

3. Conduct post-reforestation cultural treatments.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-70 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-70, Virginia Register Volume 22, Issue 21, eff. July 26, 2006; amended, Virginia Register Volume 30, Issue 7, eff. January 31, 2014.

Part IV
Seed Trees

4VAC10-40-80. Seed trees.

After expiration of the number of years that the eight pine trees are required, pursuant to the Seed Trees Act (§ 10.1-1162 et seq. of the Code of Virginia), to be left standing following the date of cutting of the timber, and after release of the tract to the owner, reforestation assistance may be made available with respect to any acre on which seed trees were left standing and uncut as required by the Seed Trees Act, provided such reforestation assistance is not prohibited by the provisions of 4VAC10-40-50.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-80 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-80, Virginia Register Volume 22, Issue 21, eff. July 26, 2006; amended, Virginia Register Volume 30, Issue 7, eff. January 31, 2014.

Part V
Equipment

4VAC10-40-90. Types of equipment.

The board and the State Forester are authorized from time to time to determine the type and quantity of necessary equipment required to carry out the provisions of the Reforestation Act.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-90 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-90, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

4VAC10-40-100. Rate of payment for equipment, materials, supplies and personnel.

The board and the State Forester shall, from time to time, establish a schedule of standard rates to be charged for state owned and supplied equipment, materials, supplies and personnel used on a project, and such rates shall be used by the State Forester in determining the total cost of a completed project, which total cost shall be the basis of the incentive payment to the landowner provided for in § 10.1-1173 of the Reforestation Act.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-100 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-100, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

Part VI
Supervisory Personnel

4VAC10-40-110. Supervisory personnel.

The board and the State Forester shall determine, from time to time, the classifications of employees, based on the State Personnel Classification, which for purposes of the Reforestation Act constitute Administrative Supervisory Personnel.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-110 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-70, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

Part VII
Expenditure of Taxes

4VAC10-40-120. Expenditure of taxes collected within a county.

Whenever it is impractical to expend within any county within one tax year 50% of the forest products tax collected on pine timber in that county, in any one tax year, as provided in § 58.1-1611 of the Forest Products Tax Act, the unexpended balance of the 50% of the total tax collected and encumbered for expenditure in any particular county shall be carried forward and expended in that county in a succeeding two years. At the beginning of the third year this unexpended tax will be available for use in the statewide program wherever needed. The 50% of the total collected in any county not required by law to be expended in that particular county may be expended by the administrator in any county for carrying out the provision of the Act.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-120 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-120, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

Part VIII
Christmas, Ornamental and Landscape Trees

4VAC10-40-130. Christmas trees.

Reforestation assistance is not authorized under the Reforestation Act for the planting of pine tree seedlings for Christmas trees as the primary crop, but Christmas trees may be severed from the stump from acres planted under the Reforestation Act and sold as thinnings when so recommended by the State Forester.

If the landowner violates the provisions of this chapter, the landowner shall pay to the State Forester a sum equal to the value of all assistance rendered to him by the State Forester as a part of the project, together with legal interest on it from the date such reforestation is rendered.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-130 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; renumbered as 4VAC10-40-130, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

4VAC10-40-140. Ornamental and landscape trees.

Tree seedlings planted on any acre under the provisions of the Reforestation Act shall not be removed from the soil with roots, bare or bagged, or removed in any manner and sold for outdoor ornamental or landscaping purposes.

If the landowner violates the provisions of this chapter, the landowner shall pay to the State Forester a sum equal to the value of any assistance rendered to him by the State Forester as a part of the project together with legal interest on it from the date such reforestation assistance is rendered.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-140 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; renumbered as 4VAC10-40-140, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

Part IX
Assistance to Damaged Replant Areas

4VAC10-40-150. Assistance to replant areas damaged by fire, insects, disease, drought, wind or otherwise.

In the event that trees planted on any acre pursuant to the Reforestation Act are destroyed by fire, insects, disease, drought, wind or otherwise through no fault or negligence on the part of the owner of such acre, his agents or employees, to such an extent as to have no commercial savings value, the State Forester is authorized to extend reforestation assistance to the owner to the extent necessary to replant the trees destroyed.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-150 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; renumbered as 4VAC10-40-150, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

Part X
Component Payments

4VAC10-40-160. Component payments.

The department may make incentive payments to landowners who have completed a component part of a reforestation project. The total partial payments made for one single project shall not exceed the limit of payments set forth in the Reforestation Act. The State Forester shall determine what practices (as defined in 4VAC10-40-70) of a total project warrant component payments and shall insure that component payments will be refunded the Commonwealth for those projects which are not completed in a prescribed manner according to the Reforestation of Timberlands Agreements.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-160 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-160, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

Part XI
Incentive Payments

4VAC10-40-170. Incentive payments.

A. The department may from time to time and upon consultation with the board adjust the levels and manner of incentive payments to be offered to landowners for reforestation projects in accordance with the Reforestation Act. Those changes will be for one fiscal year and may not change within a fiscal year. Any such adjustments shall be announced and publicized as far in advance of their affective dates as practical.

B. The incentive payments to landowners from approved projects are hereby set at 75% of the total cost of the project or an annually determined maximum amount per acre agreed upon by the Board of Forestry and the State Forester, whichever is less.

Statutory Authority

§ 10.1-1101 of the Code of Virginia.

Historical Notes

Former 4VAC5-60-170 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-170, Virginia Register Volume 22, Issue 21, eff. July 26, 2006; amended, Virginia Register Volume 30, Issue 7, eff. January 31, 2014.

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