Proposed Text
4VAC10-30-10. Definitions.
The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:
A "Bike Trail" means any road or trail maintained for bicycles.
B. "Bridle Trail" means any road or trail maintained for persons riding on horseback.
C. "Department" means the Department of Forestry as defined by the Code of Virginia §10.1-1100.
D. "Firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material; or the frame or receiver of any such weapon.
E. "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.
F. "Group" means a number of individuals related by a common factor, having structured organization, and defined leadership.
G. "Hiking trail" means any road or trail maintained for pedestrians.
H. "Hunting means the lawful hunting of game animals as defined by the Virginia Department of Game & Inland Fisheries.
I. "Motorized vehicles" means every vehicle which is self propelled or which is pulled by a self-propelled vehicle (such as a camping trailer, fifth-wheel travel trailer, motor home, travel trailer, and truck camper). A self propelled vehicle shall include, but is not limited to passenger automobiles, mopeds, off-road vehicles (ORV), golf carts, motorcycles, mini-bikes, all-terrain vehicles, Segways, and go-carts. This does not include motorized wheelchairs or other similar vehicles designed for and used by persons with disabilities.
J. "Multi-use trail" means any trail maintained for use by any of the following: horseback riding, bicycle, or pedestrian.
K. "Owner" means any person, firm,
association, co-partnership partnership or corporation owning,
leasing or having the extensive use of a sawmill, chipper, debarker, skidder
or any machinery for use in harvesting forest products, vehicle, animal or any
other property under a lease or otherwise.
L. "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.
M. "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.
M. "Permittee" means any person, partnership, corporation, company or association in possession of a valid permit.
N. "Person" means any natural person,
individual, firm, partnership, corporation, company, association,
public or private institution, political subdivision or government agency joint
stock association, firm or co-partnership.
O. "Public nudity" means a person's intentional failure to cover with a fully opaque covering the person's genitals, pubic area, anal area, or female breasts below a point from the top of the areola while in a public place.
P. "Regulation" means any regulation
adopted by the Department of Forestry.
Q. "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.
R. "Rock climbing" means traversing a rock face that is steep enough to require the use of hands and feet to get up or down.
S. "Special Use Permits" means any written license issued by or under authority of the Department, permitting the performance of a specified act or acts. Special use permits requiring fees may be purchased through web based online service and from designated agents located within the Commonwealth of Virginia.
T, "Forest Superintendent"
"State Forests Manager" means the individual designated the forest
superintendent State Forests Manager by the Department department
or any assistant or assistants the Forest Superintendent State
Forests Manager may authorize to act for him to oversee and manage the
State Forest.
U. "Swimming area" means any beach or water area designated by the Department as a swimming, wading and bathing area.
V. "Timber sale" means any written signed agreement wherein the State Forester agrees to sell and the purchaser agrees to purchase any designated forest products for a mutually agreed price per unit or lot.
4VAC10-30-20. Construction.
In the interpretation of Virginia State Forests Regulations, their provisions shall be construed as follows:
A.1. Any terms in the singular shall include the
plural;
B.2. Any term in the masculine shall include the
feminine and the neuter;
C.3. Any requirements or prohibition of any act
shall, respectively extend to and include the causing or procuring, directly or
indirectly, of such act;
D.4. No provision hereof shall make unlawful any
act necessarily performed by any officer or employee of the Department department
in line of duty or work as such, or by any person, his agents or employees, in
the proper and necessary execution of the terms of any agreement with the Department
department;
E.5. Any act otherwise prohibited by Virginia
State Forests Regulations, provided it is not otherwise prohibited by law or
local ordinance, shall be lawful if performed under, by virtue of and strictly
within the provisions of a permit so to do, and to the extent authorized
thereby; and
F.6. These regulations are in addition to and
supplement the State Vehicle and Traffic Laws which are in force in all forests
and which are incorporated herein and made a part hereof.
4VAC10-30-30. Territorial scope.
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 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.
4VAC10-30-50. Preservation of the forest.
A. No A person shall not remove,
destroy, cut down, scar, mutilate, take, gather or injure, take
or gather in any manner any tree, flower, artifact, 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. Silvicultural activities performed in accordance with
an approved State Forest Management Plan are exempt from this rule.
4VAC10-30-60. Buildings, signs, structures, or other property.
A. No A person shall not in
any manner injure, deface, disturb, destroy, or disfigure any part of any
forest, nor any building, sign, equipment, road, trail, parking area or
other property found therein.
4VAC10-30-70. Refuse and rubbish; disposal.
No A person shall not deposit paper
products, bottles, 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 any other trash or debris in a
state forest, obnoxious material, except in receptacles containers
designed for such materials. purposes, or on areas designated by
and under conditions specified by the Forest Superintendent. Where
trash receptacles are not provided, persons shall pack and carry their trash
out of the state forest and dispose of it in a lawful manner.
4VAC10-30-80. Pollution of waters.
No A person shall not in the
streams, lakes, or other waters of any forest violate any statute of the
Virginia Code relating to the pollution of streams, lakes, or other waters of
any forest said waters.
4VAC10-30-90. Disorderly conduct, public nuisance, etc.
No A person, while in any forest, shall not disobey
a lawful order of a Virginia State Forest Forests Manager 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; nor
do any act tending to or amounting to a breach of the peace; nor
conduct himself in any disorderly manner whatsoever.
4VAC10-30-100. Gambling.
Gambling in any forest is
prohibited and no a person shall not bring into the forest
or have in his possession while there, any implement or device commonly used,
or intended for gambling purposes.
4VAC10-30-110. Intoxicating liquors, beverages or unlawful drugs.
No A person shall
not 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.
4VAC10-30-120. Charges.
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 charge special use permit is
made required by the department unless he shall pay the charge
or price fixed by the department 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.
4VAC10-30-130. Picnic area. (Repealed.)
Picnicking is allowed only in the areas designated as picnic areas.
4VAC10-30-140. Camping.
No camp, either temporary or permanent, shall be
maintained in any forest except under permit, and at such places and for such
periods as may be designated by the permit Forest Superintendent.
4VAC10-30-150. Bathing, where permitted.
No A person shall not bathe, wade, or
swim in any waters in a forest except at such times, and in places as the State
Forests Manager Forest Superintendent may designate as bathing areas,
and unless so covered with a bathing suit as to prevent any indecent exposure or
public nudity of the person.
4VAC10-30-160. Dressing and undressing. (Repealed.)
Dressing and undressing, except in bathhouses, tents, trailers, motor homes, campers or vacation cabins, is prohibited.
4VAC10-30-170. Explosives, firearms, etc.
No A person shall not bring into
or have in any forest any explosive or explosive substance. This regulation
shall not apply to the lawful carrying of firearms and firearms
ammunition. Discharge of any firearm is prohibited except for lawful
hunting activities and self-defense.
4VAC10-30-180. Fires, lighted cigarettes, etc.
A. In any forest, no a person shall
not kindle, build, maintain, or use a fire other than in places provided
or designated for such purposes except by special use 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 A
person within the confines of any forest who ignites a shall
throw away or discard any lighted match, cigarette, cigar, campfire,
cooking fire, or other burning object shall completely extinguish it
before abandoning the object. Any lighted match, cigarette, cigar, or
other burning object must be entirely extinguished before being thrown away or
discarded. All forest fire laws must be complied with.
B. Fires ignited for forest management purposes under the provisions of a prescribed burning plan, approved by the State Forests Manager or his designee, may be conducted on State Forests without violating this section.
4VAC10-30-190. Smoking.
NoA person shall not
smoke in any structure or place in any forest where smoking is prohibited.
Smoking may be forbidden by the department Department or its
authorized agent in any part of any forest when it is deemed the fire hazard
makes such action advisable.
4VAC10-30-200. Hunting and fishing.
No A person within the confines of any forest,
shall not 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 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 Board of
Game and Inland Fisheries and only in those forests or portion thereof
designated by the Forest Superintendent State Forests Manager as
lawful hunting areas. A current Virginia State Forest Special Use Permit state
forest hunting permit will be required. All provisions of the Virginia Code
concerning hunting must be complied with. Only temporary structures, stands
or concealments are allowed and must be removed at the end of the hunting
season for which the structure, stand or concealment was established. 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.
4VAC10-30-210. Fishing.
Fishing is permitted in designated areas in each forest, the only stipulation being that persons fishing must have a current Virginia State Forest Special Use Permit and a state fishing license and comply with the Virginia Department of Game and Inland Fisheries rules and regulations. Waters where fishing is permitted will be designated by signs or indicated on state forest maps.
4VAC10-30-220. Boating.
A. 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 Game & Inland Fisheries, and such use must be pursuant to a Virginia State Forest Special Use Permit.
B. Boats, canoes, kayaks, sailboats or other watercraft may be operated on the waters of state forests, provided they are manually operated or propelled by means of oars, paddles, or electric trolling motors. Use of gasoline powered motors is prohibited on any waters of state forests, except for use by rescue squads, diving teams, or emergency operations or forest staff conducting maintenance operations.
4VAC10-30-230. Dogs and other animals.
A. No A person shall not cause or
permit any animal 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 or harness
not exceeding twenty six feet in length, 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.
B. Owners of animals trained and accompanying their owners for the sole purpose of assisting the owner with mobility are exempt from this section.
4VAC10-30-240. Sports, games and special events and
games.
In any state forest, no
games or athletic contests shall be allowed except in such places as may be
designated therefor sports activities, contests or group events will be
conducted only in areas designated for such events and indicated by signs or on
state forest maps.
4VAC10-30-250. Motorized vehiclesVehicles, where
permitted.
A. No A person shall not 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
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.
B. Driving a vehicle on a gated road is prohibited, except by special use 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.
C. Persons engaged in silvicultural activities are exempt from requirements of this section except regulatory requirements issued by Virginia Department of Transportation and licensing and insurance requirements issued by the Department of Motor Vehicles.
4VAC10-30-260. Obstructing traffic.
In any forest, no a person or persons
shall not cause or permit a vehicle or vehicles to obstruct traffic on
any road by unnecessary stopping or parking, or to prevent or obstruct
by any means the free use by others of any road.
4VAC10-30-270. Speed limit.
Rate of vehicular speed in any forest in excess of the rate as
posted by the Virginia Department of Transportation or State Forests Manager
Forest Superintendent is prohibited.
4VAC10-30-280. View into vehicles. (Repealed.)
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.
4VAC10-30-290. Use of roads.
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 Forest Superintendent The State Forests
Manager may at any time close to use any forest road or trail for
public use.
4VAC10-30-300. Meetings, exhibitions, commercial Commercial
enterprises, etc.
No A 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 not engage
in any commercial activity on state forest lands or in state forest
structures unless an agreement is made and approved by the Department.
The agreement shall include conditions and payments to the Department 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.
4VAC10-30-310. Advertising.
No A sign, notice, or advertisements of
any nature shall not be erected or posted at any place within any forest,
nor shall any noise be made for the purpose of attracting attention to any
exhibition of any kind. The State Forests Manager may authorize exceptions to
temporary signs coincident to activities approved by a special use permit
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.
4VAC10-30-320. Meetings and exhibitions.
No A person shall not in any forest
erect any structure, stand, or platform, hold any meeting, or exhibition,
perform any ceremony, make any speech, or address except by permit
written permission from the State Forests Manager Forest
Superintendent.
4VAC10-30-330. Alms, gifts and contributions.
No A person shall not within any
forest solicit alms, gifts or contributions for any purpose.
4VAC10-30-340. Aviation.
A. No A person shall not
voluntarily bring, land or cause to descend or alight within or upon any
forest, any aeroplane airplane, flying machine, balloon,
parachute or other apparatus for aviation except under with a special
use permit issued by the State Forests Manager permit.
"Voluntarily" in this connection shall mean anything other than a
forced landing.
B. Emergency aircraft such as air ambulances and aerial search helicopters, and Department aircraft are exempt.
4VAC10-30-350 Sale of forest products.
From time to time, forest
Forest products and agricultural crops may be sold from forest
land under conditions determined by the department and in accordance with law.
4VAC10-30-360. Rock or Cliff Climbing and Rappelling.
A person shall not engage in rock climbing, cliff climbing or rappelling within the boundaries of a state forest, except at designated areas.
4VAC10-30-370. Horses.
A. A person sixteen years and older must have a current special use permit to ride horses on the state forests, and shall not use, ride or drive a horse except to, from or along a designated bridle path, multi-use trails, or roads designated for equestrian use.
B. Each equestrian user shall remove from designated parking areas all residues (including manure) generated by his horse.
C. Horses shall cross rivers and streams using bridges, culverts and designated fords/crossings, if available.
D. Users shall possess valid Coggins documentation for each horse and make them available for inspection upon request.
4VAC10-30-380. Bicycles.
A. A person sixteen years of age and older must have a current special use permit and shall not use or ride a bicycle except on a road or trail authorized for use by motor vehicles or specifically designated as a bicycle or multi-use trail.
B. When crossing rivers or streams, bicycle use shall be confined to bridges, culverts and designated fords/crossings, if available.
4VAC10-30-390. Hours of Operation.
State forests are open to public use during daylight hours only unless the forest user is engaged in lawful hunting and trapping activities as defined by the Virginia Department of Game & Inland Fisheries and for other activities approved by special use permit issued by the State Forests Manager.
4VAC10-30-400. Importation of Firewood.
A. The Department may prohibit the importation of firewood or certain types of firewood into any state forest or allow such entry only under specified conditions when such firewood may be infected or infested with a pest identified by state or federal authorities to cause harm to forest trees. Any firewood transported to the state forest by a person found to be in violation of such prohibition shall be confiscated and destroyed. Should any person charged under this section be found not guilty, the person shall be reimbursed for only the cost of the firewood.
B. The Department may eliminate or restrict conditions offered in this section as determined to be necessary to properly protect the state forests from the infecting or infesting pest to the satisfaction of the Department.
4VAC10-30-410. Release of Animals or Wildlife on Forest Property.
A person shall not release animals or wildlife captured or propagated elsewhere into any state forest.