Forest-related ordinances in Virginia: A case study in regulatory de-evolution

Abstract

An inventory of Virginia's counties and incorporated cities was conducted in 2005 to detect the presence of forest-related ordinances. Comparative inventory results suggest that the number of ordinances appears to have increased from 44 in 1992 to 377 in 2005. Local governments in Virginia have enacted forest-related ordinances addressing erosion and sediment control, the use of prescribed fire, forestry in floodplains and wetlands, scenic limitations, timber harvesting, and the use of pesticides. Nearly all (97%) local governments have been involved in the regulation of forestry to some extent. Study observations include inconsistent regulatory standards among municipalities, potential conflicts with state mandates, and concern for the uncertain effects on the management of private forestland. Policy implications might include state action to provide greater uniformity in local standards, clarification of the relationship between state-level requirements and local implementation, refining the definition of terms such as "silviculture," and state reaction by amending Virginia's Right to Practice Forestry statute. Copyright © 2006 by the Society of American Foresters.