Proposed Text
A. Section 46.2-100 of the Code of Virginia provides definitions for the following terms and phrases used in this chapter:
"Bicycle"
“Electric personal assistive mobility device”
“Electric power-assisted bicycle”
“Motor vehicle”
B. The following words and terms when used in this chapter, unless a different meaning is provided or is plainly required by the context, will have the following meanings:
"Bike trail" means any road or trail maintained for bicycles.
"Department" means the Department of Forestry.,as defined by the Code of Virginia §10.1-1100.
"Firearm" means any handgun, shotgun, or rifle that will or is designed to expel single or multiple projectiles by action of an explosion of a combustible material, as defined by the Code of Virginia 921 et seq.
"Forest or forests" means all state-owned lands designated as a state forest, including therein all sites, roadways, game food patches, ponds, lakes, streams, rivers, beaches, and recreational areas, together with recreational areas, beaches and lakes assigned to the Department of Forestry, for use, development and administration.
"Group" means several individuals related by a common factor, having structured organization, and defined leadership.
"Forest Superintendent" means the individual designated the forest superintendent by the department or any assistant or assistants the Forest Superintendent may authorize to act for him.
"Hiking trail" means any road or trail maintained for pedestrians.
“Hunting” means the lawful hunting of game animals as defined by the Virginia Department of Wildlife Resources.
“Multi-use trail” means any trail maintained for use by any of the following: horseback riding, bicycling, hiking or walking.
"Owner" means any person, firm, association, co-partnership or corporation owning, leasing or having the extensive use of any forest machinery a sawmill, chipper, debarker or any machinery for use in harvesting forest products, vehicle, animal or any other property under a lease or otherwise.
"Parking area" means any area on a forest designated for parking of motor vehicles of all types, clearly marked on the ground and so indicated by signs. or indicated on State Forest maps.
"Permits" means any written license issued by or under authority of the department, permitting the performance of a specified act or acts. Such permits may be purchased from a limited number of designated agents located within the general area of the forests.
"Permittee" means any person, partnership, corporation, company or association in possession of a valid permit.
"Person" means any natural person, corporation, company, association, joint stock association, firm or co-partnership. individual, firm partnership, corporation, company, association, public or private institution, political subdivision, or government agency.
"Regulation" means any regulation adopted by the Department of Forestry.
"Road" means any road, logging road, trail or path used in the harvesting and movement of forest products, hunting or recreation, irrespective of the state of maintenance.
"Silvicultural activity" means any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation.
"State Forests Superintendent" means the individual designated the State Forests Superintendent by the department or any assistant or assistants the State Forests Superintendent may authorize to act for him.
"Timber sale" means any written signed agreement wherein the State Forester, per the Code of Virginia § 10.1-1107, agrees to sell and the purchaser agrees to purchase any designated forest products or other agricultural crops for a mutually agreed price per unit or lot.
"Unmanned aerial system (UAS)/ unmanned aerial vehicle (UAV)" also known as a drone, is an aircraft that is remotely controlled and operates without a human pilot on board.
All Virginia State Forests Regulations shall be effective within and upon all state forests, lands, buildings, roads, sites, ponds, lakes, streams, rivers, beaches, trails, food patches, and recreational areas in the Commonwealth which may be under the jurisdiction of the department and shall regulate the use thereof by all persons. Areas designated by the department as state forests are: Appomattox-Buckingham in Appomattox and Buckingham Counties; Bourassa in Bedford County; Browne in Essex and King and Queen Counties; Chilton Woods in Lancaster County; Conway-Robinson in Prince William County; Crawfords in New Kent County; Cumberland in Cumberland County; Devil's Backbone in Shenandoah County; Hawks in Carroll County; Lesesne in Nelson County; Mathews in Grayson County; Niday Place in Craig County; Paul in Rockingham County; Prince Edward-Gallion in Prince Edward County; Sandy Point in King William County; Whitney in Fauquier County; and Zoar in King William County together with such other areas as the department may from time to time designate. Failure to comply with this chapter, as well as other applicable laws and regulations, and agency signage, may result in revocation of permits or registrations, forfeiture of applicable prices paid, a Virginia uniform summons, arrest, and prosecution.
A permit to do any act shall authorize the same only insofar as it may be performed in strict accordance with the terms and conditions thereof. Any violation by its holder or his agents or employees of any term or condition thereof shall constitute grounds for its revocation by the department, or by its authorized representative. In case of revocation of any permit, all moneys paid for or on account thereof shall, at the option of the department, be forfeited to and be retained by it; and the holder of such permit, together with his agents and employees who violated such terms and conditions, shall be jointly and severally liable to the department for all damages and loss suffered by it in excess of money so forfeited and retained; but neither such forfeiture and retention by the department of the whole or any part of such moneys nor the recovery or collection thereby of such damages, or both, shall in any manner relieve such person or persons from liability to punishment for any violation of any provision of any Virginia State Forests Regulation. A state forest special use permit will be required to hunt, trap, fish, ride bikes, or ride horses on any state forest or portion thereof on which hunting, trapping, fishing, riding bikes, or riding horses is permitted.
The Department may issue a permit for activities otherwise prohibited in this chapter.
- Use Permits: A Virginia State Forest Use Permit is required for certain activities allowed by the Department and authorized by law. The Department may charge a fee for the Virginia State Forest Use Permit in accordance with the authority granted by the Code of Virginia § 10.1-1152. The holder of a Virginia State Forest Use Permit must always abide by the conditions and restrictions associated with the Virginia State Forest Use Permit and its associated activity. A State Forest Use Permit shall be valid for one year from the date of purchase.
- Conditional Activity Permit: A State Forest Conditional Activity permit grants authority to individuals or groups for specific activities which are otherwise disallowed on State Forest property. An application for permit shall be made on a form prescribed by the Department and shall be valid only for the period of time which appears on the Conditional Activity Permit.
- Organized Event Permit. An Organized Event permit grants organizers of a specific group the authority to conduct an organized event on State Forest property. An Organized Event Permit shall be made on a form prescribed by the Department and shall be valid only for the period of time which appears on the Organized Event Permit. The Department may charge a fee for the Organized Event Permit in accordance with authority granted by the Code of Virginia § 10.1-1152. This fee eliminates the requirement for one-time users participating in an organized event to obtain an annual Virginia State Forest Use Permit and/or a Conditional Activity Permit. The State Forests Superintendent may waive fees.
- Any violation by a permit holder or his agents or employees of any term or condition thereof shall constitute grounds for permit revocation by the Department, or by its authorized representative. In case of revocation of any permit, all moneys paid for or on account thereof shall, at the option of the Department, be forfeited to and be retained by it; and the holder of such permit, together with his agents and employees who violated such terms and conditions, shall be jointly and severally liable to the Department for all damages and loss suffered by it more than money so forfeited and retained; but neither such forfeiture and retention by the Department of the whole or any part of such moneys nor the recovery or collection thereby of such damages, or both, shall in any manner relieve such person or persons from liability to punishment for any violation of any provision of any Virginia State Forests Regulation.
No person shall remove, destroy, cut down, scar, mutilate, injure, take or gather in any manner any flower, fern, shrub, rock or other plant or mineral in any forest, except only for botanical or mineral rock collection and then only with approval of the Forest Superintendent.
1. A person shall not remove, destroy, deface, cut down, scar, mutilate, take, gather or injure, in any manner any tree, flower, artifact, fern, shrub, rock or other plant or mineral in any State Forest, except only for botanical or mineral rock collection and then only with approval of the State Forests Superintendent.
2. Edible fruits, berries, fungi, or nuts may be collected for personal or individual use only.
3. Silvicultural activities performed in accordance with an approved prescription by the State Forests Superintendent are exempt from this rule.
No person shall in any manner injure, deface, disturb, destroy, or disfigure any part of any forest, nor any building, sign, equipment or other property found therein.
1. A person shall not injure, deface, disturb, destroy, or disfigure any part of any forest, nor any building, structure, sign, equipment, road, trail, field, parking area or other property found therein.
2. Damage to any State Forest buildings or structures, not considered normal wear and tear, may be billed to the person registering for the building or structure on an itemized cost basis in accordance with the reservation acknowledgment or reservation confirmation.
3. Temporary or permanent structures may not be constructed unless by permit, except for a temporary tree stand or blind for the purpose of hunting, which may be placed in a manner that does not cause injury or damage to the tree and must be removed at the conclusion of the hunting season during which it was placed. Tree stands and blinds may be placed two weeks prior to the start of hunting season and must be removed one month after the end of the hunting seasons for which the structure was established, after which they may be removed and disposed of by the Department.
4. The Department shall not be responsible for any damage occurring to or injury resulting from the use of any temporary structure, stand or concealment while on any State Forest.
No person shall deposit in any part of any forest any garbage, sewerage, refuse, waste, fruit, vegetables, foodstuffs, boxes, tin cans, paper, or other litter or other waste material or obnoxious material, except in containers designed for such purposes, or on areas designated by and under conditions specified by the Forest Superintendent.
No person shall in the streams, lakes, or other waters of any forest violate any statute of the Virginia Code relating to the pollution of said waters.
No person, while in any forest, shall disobey a lawful order of a Virginia Forest Superintendent, caretaker, ranger, patrolman or other forest officer; nor commit a nuisance, nor use abusive, profane, or insulting language; nor unreasonably disturb or annoy others; be under the influence of intoxicants or unlawful drugs; do any act tending to or amounting to a breach of the peace nor conduct himself in any disorderly manner whatsoever.
Gambling in any forest is prohibited and no person shall bring into the forest or have in his possession while there, any implement or device commonly used, or intended for gambling purposes.
No person shall become intoxicated, or be under the influence of intoxicants or unlawful drugs, in public while within the confines of any forest. Public display or use of beer, wine, whiskey or other intoxicating liquor, beverage or unlawful drugs, or the containers thereof is prohibited.
No person 16 years of age or older shall make, use, or gain admittance to, or attempt to use or gain admittance to the facilities in any forest for the use of which a special use permit is required by the department unless he shall obtain a special use permit and pay an annual fee of $15. Any person under 16 years of age may hunt, trap, fish, ride bikes, or ride horses on any state forest and is not required to obtain a special use permit or pay an annual fee.
Picnicking is allowed only in the areas designated as picnic areas.
No camp, either temporary or permanent, shall be maintained in any forest except under a Conditional Activity permit, and at such places and for such periods as may be designated by the State Forests Superintendent.
No person shall bathe, wade, or swim in any waters in a forest except at such times, and in places as the Forest Superintendent may designate as bathing areas, and unless so covered with a bathing suit as to prevent any indecent exposure of the person.
Dressing and undressing, except in bathhouses, tents, trailers, motor homes, campers or vacation cabins, is prohibited.
No person shall bring into or have in any forest any explosive or explosive substance, as defined by the Code of Virginia § 59.1-137. This regulation shall not apply to the lawful carrying of firearms and firearms ammunition. No person shall discharge any firearm except in self-defense or as permitted under lawful hunting activities, as defined by the Virginia Department of Wildlife Resources.
In any forest, no person shall kindle, build, maintain, or use a fire other than in places provided or designated for such purposes except by Conditional Activity Permit special permit. Any fire shall be continuously under the care and direction of a competent person over 16 years of age from the time it is kindled until it is extinguished. No person within the confines of any forest shall throw away or discard any lighted match, cigarette, cigar, or other burning object. Any lighted match, cigarette, cigar, campfire, cooking fire, or other burning object must be entirely extinguished before being thrown away, abandoned or discarded. All forest fire laws must be complied with.
No A person shall not smoke in any structure or place in any forest where smoking is prohibited. Smoking may be forbidden by the department or its authorized agent in any part of any forest when it is deemed the fire hazard makes such action advisable.
No person within the confines of any forest, shall hunt, trap, shoot, injure, kill or molest in any way any bird or animal, nor shall any person have in his possession any bird or animal, dead or alive, within the forest except any bird or animal designated as a game bird or animal by the Virginia Department of Wildlife Resources Board of Game and Inland Fisheries, and the trapping of, hunting of, shooting at, or possession of any such bird or animal is prohibited except during the lawful hunting season set for the forest or portion thereof by the Virginia Department of Wildlife Resources Board of Game and Inland Fisheries and only in those forests or portion thereof designated by the Forest State Forests Superintendent as lawful hunting areas. A state forest special use permit will be required. All provisions of the Virginia Code concerning hunting must be complied with.
Fishing is permitted in designated areas in each forest. A person fishing must have a valid state fishing license, a current Virginia State Forest Use Permit, and comply with the Virginia Department of Wildlife Resources rules and regulations.
Fishing is permitted in designated areas in each forest, the only stipulation being that persons fishing must have a state fishing license, have a special use permit, and comply with the Virginia Game and Inland Fisheries rules and regulations.
Use of boats on ponds, lakes or streams within forest areas assigned to the administration of the Department of Forestry in addition to other regulations of other state agencies, must comply with the rules and regulations of the Department., and the Virginia Department of Wildlife Resources, and such use requires a current Virginia State Forest Use Permit. Use of gasoline fueled motors is prohibited.
No person shall cause or permit any animal in their custody owned by him, in his custody, or under his control, except those animals of a resident employee and then only in the general area around the employee's residence, and except a dog restrained by a leash not exceeding six feet in length or harness to enter any forest, and each such animal found at large may be seized and disposed of as provided by the law or ordinance covering disposal of stray animals on highways or public property then in effect at the place when such animals may be seized, except during the lawful hunting season in effect in the particular forest or portion thereof. Owners of animals trained and accompanying their owners for the sole purpose of assisting the owner with mobility are exempt from this regulation.
In any forest, no games or athletic contests shall be allowed except in such places as may be designated therefor. sports activities, contests or group events require an Organized Event Permit issued by the State Forests Superintendent.
No person shall drive a vehicle in any forest on any road during any period where there is a sign or signs erected on or along the particular road indicating that any such road is closed to vehicular traffic.
1. No person shall operate a motorized vehicle anywhere on any forest except on a road or parking area, designated by signs or maps, indicating it is open to motorized vehicle traffic.
2. Driving a motorized vehicle on a gated road is prohibited, except by Conditional Activity Permit. Any motorized vehicle used on State Forest lands must be a highway legal vehicle in compliance with Virginia Department of Transportation regulations and insured and licensed per Department of Motor Vehicles regulations. Any operator of a vehicle must possess a valid driver’s license issued by the person’s state of residency.
3. Persons engaged in silvicultural, or maintenance activities are exempt from requirements of this section, except legal requirements described in (2).
4. Nothing in this section shall be construed to prohibit the use of Electric personal assistive mobility device or Class one or Class two electric power-assisted bicycles where traditional bicycles are allowed. Class three electric power-assisted bicycles are prohibited on gated roads and trails.
5. When crossing rivers or streams, bicycle or E-bike use shall be confined to bridges, culverts and designated fords/crossings, if available.
In any forest, no person or persons shall cause or permit a vehicle or vehicles to obstruct traffic on any road by unnecessary stopping, or to prevent or obstruct by any means the free use by others of any road.
Rate of vehicular speed in any forest in excess of the rate as posted by the Virginia Department of Transportation or Forest Superintendent is prohibited.
Every car driven through any forest or parked in any parking space in any forest shall have the interior thereof open to full view at all times.
No person shall operate an excessively loaded vehicle on any forest road. The determination of whether a load is excessive will be made by the Forest Superintendent and will be based upon the load and the condition of the road. In the exercise of his professional judgment, The State Forests Superintendent may at any time close to use any forest road, trail or area for public use.
No person shall, in any forest, without a permit, sell or offer for sale, hire, lease or let out, any object or merchandise, property, privilege, service or any other thing, or engage in any business or erect any building, booth, tent, stall or any other structure whatsoever. No person to whom any property of any forest by authorized permit has been entrusted for personal use shall hire, lease, let out or sell, the same to any other person.
No person shall engage in any commercial activity on State Forest lands or in State Forest structures unless an agreement or permit is made and approved by the Department.
No sign, notice, or advertisements of any nature shall be erected or posted at any place within any State Forest, forest without permission in writing from the Forest Superintendent; nor shall any musical instrument, radio, talking machine, or drum be operated or any noise be made for the purpose of attracting attention to any exhibition of any kind. nor shall any noise be made for the purpose of attracting attention to any exhibition of any kind. The State Forests Superintendent may authorize exceptions for temporary signs coincident to activities approved by either a Conditional Activity or Organized Event Permit.
No person shall within any forest solicit alms gifts or contributions for any purpose without written permission by the State Forests Superintendent.
No person shall voluntarily bring, land or cause to descend or alight land or unlawfully operate within or upon any forest, any aeroplane airplane, remote control model, aircraft, helicopter, unmanned aerial vehicle, drone flying machine, balloon, parachute or other apparatus for aviation except under permit. "Voluntarily" in this connection shall mean anything other than a forced landing. by written permission of the State Forests Superintendent.
From time to time, Forest products and agricultural crops may be sold from State Forest lands under conditions determined by the Department and in accordance with law.
- No person shall use, ride or drive a horse except to, from, or along designated multi-use trails, or roads designated for equestrian use including across bridges, culverts and designated fords/crossings, if available.
- Each equestrian user shall remove from designated parking areas all residues (including manure) generated by his horse.
State Forests are open to public use during daylight hours only unless the forest user is permitted or engaged in lawful hunting activities as defined by the Virginia Department of Wildlife Resources and for other uses as permitted by the State Forests Superintendent.
A person shall not engage in rock climbing, cliff climbing or rappelling within the boundaries of a State Forest, except at designated areas and only after obtaining a Conditional Activity Permit.
It shall be unlawful to target shoot on any State Forest. Target shooting is defined as the discharge of a firearm (as defined in § 18.2-308.2:2 of the Code of Virginia), muzzleloader (as defined in the Code of Virginia 4VAC15-50-71), or archery equipment (as defined in the Code of Virginia 4VAC15-40-20) for purposes other than hunting, trapping, or self-defense.