10.1-1163 - Exemptions from article.
§ 10.1-1163. Exemptions from article.
A. This article shall not apply to any acre of land on which there arepresent at the time of final cutting of the timber 400 or more loblolly orwhite pine seedlings, singly or together, four feet or more in height.
B. This article shall not apply to any person who clears or who procuresanother to clear his land for bona fide agricultural or improved pasturepurposes or for the purpose of subdividing such land for sale for buildingsites. For the purpose of this article, evidence of intent of bona fideagricultural or improved pasture use shall require, as a minimum and withintwelve months from the date of completion of commercial cutting, that theland intended for such use be cleared of all trees, snags, brush, tree tops,and debris by piling and burning or otherwise disposing of same, or byenclosing the area with a well-constructed fence and planting grass seedthereon so as to make a bona fide improved pasture. In the case of clearingfor building sites evidence of intent shall be the construction of dwellingsor other bona fide structure in progress or completed within two years fromthe date of completion of commercial cutting.
C. This article shall not apply to land which has been zoned for a moreintensive land use than agricultural or forestal use.
D. The provisions of this article shall not apply to any acre or acres offorest land for which a planting, cutting or management plan has beenprepared, designed to provide conservation of natural resources, and whichplan has been submitted to and approved by the State Forester previous to thecutting of any trees on the acre or acres concerned. If such plan has beensubmitted to the State Forester by registered or certified mail and he hasnot approved the plan, or disapproved it with a statement in writing of hisreasons therefor, within a period of sixty days from the date of submission,the plan shall be deemed approved and shall be effective for the purposes ofthis section.
E. The State Forester may grant exemptions from this article to individuallandowners who wish to grow hardwoods on their property. The State Forestermay place conditions on the exemption as he deems advisable for theconservation of natural resources.
(Code 1950, §§ 10-81, 10-82, 10-83; 1950, p. 58; 1952, c. 412; 1956, c. 75;1960, c. 244; 1988, c. 891; 1996, c. 285; 1997, c. 146.)