§ 1054. Natural regeneration; notice required upon transfer.
§ 1054. Natural regeneration; notice required upon transfer. (a) Operators and landowners shall leave uncut and uninjured at least 6 seed-bearing pine or yellow-poplar trees 14 inches in diameter or larger on each acre involved in a cutting operation. If an acre lacks 1 or more of the required seed trees, then 2 seed-bearing pines […]
§ 1055. Reforestation method; notice required upon transfer.
§ 1055. Reforestation method; notice required upon transfer. (a) The land involved in a cutting operation may be reforested pursuant to an approved reforestation plan in lieu of the natural regeneration method. The plan shall be prepared by the landowner or the landowner’s agent and shall be designed to assure the reproduction and maintenance of […]
§ 1056. Prohibitions.
§ 1056. Prohibitions. No person shall cut or permit to be cut any pine or yellow-poplar tree or seedling required to be reserved for reseeding or planted under a reforestation plan or perform any act or permit any act to be performed which prevents reseeding or reforestation of any area in which a cutting operation […]
§ 1057. Right of entry.
§ 1057. Right of entry. The State Forester or the State Forester’s duly authorized representative may enter at reasonable times upon any public or private property for the purpose of determining whether a violation of the provisions of this subchapter or any of the regulations promulgated thereunder exists upon giving verbal notice and after presenting […]
§ 1058. Cease and desist orders.
§ 1058. Cease and desist orders. The State Forester shall have the power to issue a cease and desist order to any person violating any provision of this subchapter or rules or regulations promulgated thereunder. Any such cease and desist order shall remain in effect until withdrawal of said order by the State Forester or […]
§ 1059. Injunctive relief.
§ 1059. Injunctive relief. Whenever it appears that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this subchapter or rules or regulations adopted pursuant to it, the State Forester may bring an action in the Court of Chancery to restrain or to […]
§ 1060. Appeals.
§ 1060. Appeals. (a) Any person whose interest is substantially affected by an action of the State Forester or the State Forester’s designee may request a hearing to demonstrate compliance with this subchapter or any regulations promulgated thereunder. (b) Such hearing shall be scheduled within 15 days of the request and shall be held by […]
§ 1061. Penalties.
§ 1061. Penalties. (a) Any person who violates any provision of this subchapter or associated rules and regulations shall, upon conviction, be subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 months, or both. (b) Any person found guilty of a second or subsequent violation of any provision of this subchapter is […]
§ 1053. Conservation or reforestation plan required; applicability; regulations.
§ 1053. Conservation or reforestation plan required; applicability; regulations. (a) No person shall commence a cutting operation unless seed trees have been reserved pursuant to the natural regeneration method set forth herein or pursuant to an alternate management plan approved by the State Forester or his designee. (b) This subchapter shall not apply to operations […]
§ 1051. Findings; policy; purpose.
§ 1051. Findings; policy; purpose. The General Assembly finds and declares that the pine and yellow-poplar forest resource of the State provides significant recreational, aesthetic, wildlife and environmental benefits as well as wood fiber essential to commerce and industry for the citizens of the State. The General Assembly has also determined that the pine and […]