A NATIONAL PLAN FOR AMERICAN FORESTRY 1013 



The "code forestier" adopted in 1827 and amended in 1859, which 

 still applies to most of the privately owned forests, except very small 

 holdings in flat country, places no restrictions on their management 

 except that no forest may be cleared (i.e., deforested) without four 

 months' advance notice to the proper authorities. The forest service, 

 with approval of the Council of State, may prohibit clearing only in 

 cases where conservation of the forest is deemed necessary for main- 

 taining the soil on slopes or mountains, protecting soil against erosion, 

 maintaining the flow of springs and streams, stabilizing of sand dunes 

 and protection of coasts, defense of the frontiers, or public health. 

 Abusive cutting, where subsequent grazing or browsing of the young 

 growth by rabbits may result in deforestation is considered as deforest- 

 ation and is forbidden. Areas cleared in spite of such prohibition 

 must be reforested within 3 years ; if the owner fails to do this work the 

 forest service will do it at his expense. Notice of clearing is not re- 

 quired in case of artificially established forests under 20 years old, 

 groves near dwellings, or tracts of less than 10 hectares that are not 

 contiguous with larger tracts or on ridges or mountain slopes. 



Legislation adopted in 1882 and amended in 1913 provides for the 

 designation by law of mountain areas (" perimeters"), within which 

 the public interest requires reforestation and other work for protec- 

 tion of the soil and regulation of streams or torrents. These areas are 

 to be classified only after examination and hearings by a special com- 

 mission consisting of administrative officials, local citizens, and repre- 

 sentatives of the forest service and the highway department. Within 

 these perimeters the Government carries out the necessary work at 

 public expense, expropriating the land if necessary. Owners may 

 retain their lands providing they agree to perform the work and 

 manage the land subsequently as the forest service may direct. In 

 places where conditions are threatening but not sufficiently serious to 

 require restoration work, the service may forbid any utilization of 

 forest or grazing land for a period not to exceed 10 years. The 

 owner is to be indemnified for any loss of revenue, and if the restric-' 

 tion is extended beyond 10 years he may require the Government to 

 buy the land. 



A protection forest law of limited scope was adopted in 1922. Under 

 this law protection forests are those which must be conserved in order 

 to maintain the soil on mountains and slopes, and to protect against 

 avalanches, erosion, and the encroachment of waters and sands. 

 After hearings and recommendation by the special commissions pro- 

 vided in the 1882 law, forests may be classified as protection forests 

 upon recommendation of the forest service, in consultation with the 

 secretaries of agriculture and finance, and within the limits of the 

 credits provided in the budget. These forests are subject to special 

 control by the forest service with respect to the utilization of timber, 

 forage, and other products, and are subject to expropriation by the 

 State at any time. Cutting may be done under approved manage- 

 ment plans; in the absence of such plans, permission must be obtained 

 for each operation. The owner is entitled to indemnity for loss 

 revenue resulting from restrictions on management, and he may 

 demand that the State purchase the forest if the loss amounts to one 

 half of his normal revenue. Any silvicultural or engineering work 

 that is necessary to hold the soil in place can be done by the forest 

 service at State expense. As protection of water supplies and regu- 



