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Virginia s Right to Practice Forestry Law

Presentation Overview. Purpose of LawRight to Farm LawRight to Practice Forestry LawDail vs. York CountyPersonal experiencesAvoiding issues in the future. Purpose of Law. Address conflicts between rural/urban neighborsProtect landowners from nuisance complaintsPrevent localities from passing

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Virginia s Right to Practice Forestry Law

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    1. Virginia’s Right to Practice Forestry Law

    2. Presentation Overview Purpose of Law Right to Farm Law Right to Practice Forestry Law Dail vs. York County Personal experiences Avoiding issues in the future

    3. Purpose of Law Address conflicts between rural/urban neighbors Protect landowners from nuisance complaints Prevent localities from passing ordinances against normal agriculture and forestry practices, Dillon’s Rule

    4. Right to Farm Law Enacted in 1981 Code of Virginia § 3.1-22.28 Prohibits counties adopting ordinances that requires a special exception or special use permit for production for agriculture/silviculture if zoned agriculture Counties may adopt setback requirements Health and welfare of citizens not compromised

    5. Right to Farm Law Code of Virginia §3.1-22.29 Operations must be conducted in accordance with best management practices and comply with existing laws Applies to crops, animals or fowl; silviculture activity Shall not affect right to recover damages for injuries or pollution caused by activity

    6. Right to Practice Forestry Law Enacted in 1997 Code of Virginia §10.1-1126.1 Also known as Private Forestlands Conservation Act Activity must be conducted in accordance with silvicultural best management practices published by the VA Dept. of Forestry Prohibits counties adopting ordinances that require a permit or fee

    7. Right to Practice Forestry Law Review by zoning administrator allowed Land must remain in forest use or convert to agriculture use after the timber is harvested (no rezoning) Does not affect requirements imposed by Chesapeake Bay Preservation Act

    8. Dail vs. York County Landowner challenged York County’s forestry ordinance in 2000: Requires that zoning administrator approve forest management plan prior to harvest (constitutes a permit?) Buffer areas where clearcuts prohibited Stream side buffer in conflict with state forestry BMPs requirements

    9. Dail vs. York County Court findings: County “approval” of management plan not a “permit” Prohibition of clearcutting in buffers not a prohibition of harvesting, since thinning of timber is allowed in buffers BMPs are voluntary (not regulation) in Virginia, and do not have the force and effect of law, so localities may impose additional regulations

    10. Personal Experiences York County James City County New Kent County Sandy River Reservoir, Prince Edward Others?

    11. Avoiding Issues in the Future Awareness of local activity Establish relationship with county administrations Promotion of forest land management practices, provide expertise Existing laws in Virginia Strengthen Right to Practice Forestry Law?

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