Title 12 — Conservation
21 chapters · 371 sections in this title.
12 V.I.C. § 103 Endangered Species Preservation Commission
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(a) There is hereby created within the Department of Planning and Natural Resources, an Endangered Species Preservation Commission which shall be composed of the Commissioner of Planning and Natural Resources, who shall be a non-voting member, ex officio, and seven other members,…
12 V.I.C. § 104 Powers and duties of the Commission
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(a) In addition to all powers and duties specifically assigned the Commission by this chapter, the Commission shall have the primary responsibility for identification and preservation of threatened and endangered species in the Territory. In addition, the Commission shall have ov…
12 V.I.C. § 105 Prohibited activities
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(a) No person may take, catch, possess, injure, harass, kill, or attempt to take, catch, possess, injure, harass or kill, or sell or offer for sale, or transport or export, whether or not for sale, any indigenous species, including live rock; except that persons holding valid fis…
12 V.I.C. § 106 Permits and licenses
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(a) Hunting and fishing. (1) No hunting license shall be issued except in accordance with Title 12, section 11, Virgin Islands Code.(2) No commercial fishing license shall be issued except in accordance with Title 12, chapter 9A, Virgin Islands Code. (1) No hunting license shall …
12 V.I.C. § 107 Penalties
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Any person violating any provision of this chapter shall, upon conviction thereof, be subject to a fine of not less than $100, and not more than $10,000. Such person may also be sentenced to serve a term in jail of not more than sixty (60) days. For the purpose of assessing the p…
12 V.I.C. § 111 Definitions
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(a) For the purpose of this chapter and unless the context otherwise requires:(a) “Bounty species” means vermin, nuisance and invasive species.(b) “Commissioner” means the Commissioner of the Department of Planning and Natural Resources.(c) “DFW” means the Division of Fish and Wi…
12 V.I.C. § 112 Invasive Species Eradication Community Program
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(a) There is established within the DFW, a program known as “The Invasive Species Eradication Community Program” to assist with the control of the population growth of vermin, nuisance and invasive species that negatively impact the Virgin Islands, including red-tail boa constric…
12 V.I.C. § 113 Program eligibility
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(a) To be eligible to participate in the Program, all applicants must:(1) Be at least 18 years of age;(2) Possess a valid V.I. driver’s license;(3) Have not been convicted of a felony or wildlife-related offense within the last 5 years;(4) Consent to submit to a criminal backgrou…
12 V.I.C. § 114 Certification program and permits, fees
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(a) The Commissioner shall establish by regulations an in-person and on-line certification program. The certification program must include:(1) A listing of the types of species sought;(2) Instructions on humane euthanization;(3) The documentation process; and(4) The procedure to …
12 V.I.C. § 115 Euthanasia
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The Commissioner shall establish by regulation a list of humane methods, consistent with the American Veterinary Medical Association’s guidelines, to euthanize bounty species.
12 V.I.C. § 116 Bounty
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(a) Only Wildlife Control Operators are eligible to receive a bounty for the euthanasia of bounty species. (b) DRNR shall:(1) pay Wildlife Control Operators a bounty upon the euthanasia of the bounty species and the delivery of the head and intact stomach contents to the DFW for …
12 V.I.C. § 117 Invasive Species Eradication Community Program Fund
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(a) There is established in the Treasury of the Virgin Islands a special, non-lapsing fund designated and known as the Invasive Species Eradication Community Program Fund (“Program Fund”). The Commissioner of Finance shall maintain and provide for the administration of the Progra…
12 V.I.C. § 121 Enforcement of chapter
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Conservation officers appointed by the Commissioner of Conservation and Cultural Affairs are primarily responsible for enforcing the provisions of this chapter.
12 V.I.C. § 122 Assistance of U.S. Virgin Islands Police Department (V.I.P.D)
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The Commissioner may secure the assistance of the U.S. Virgin Islands Police Department (V.I.P.D.) in executing the provisions of this chapter.
12 V.I.C. § 123 Cutting or injuring certain trees
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(a) No landowner or other person shall, except as provided in this chapter, encourage, procure, cause or aid in the cutting or injury of any tree or vegetation within 30 feet of the center of any natural watercourse, or within 25 feet of the edge of such watercourse, whichever is…
12 V.I.C. § 124 Obtaining permission to cut or injure certain trees
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(a) A landowner may cut or injure, on his own land, trees or vegetation of the type described in subsection (a) of section 123 of this title, if he has obtained the written permission of the Commissioner. (b) Any person may cut or injure, on land other than his own, trees or vege…
12 V.I.C. § 125 Penalties for violation
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Whoever violates any provision of this chapter shall be fined not more than $100 or imprisoned not more than 180 days, or both.
12 V.I.C. § 131 Title
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This chapter may be cited as “The Community and Heritage Tree Law of the Virgin Islands.”
12 V.I.C. § 132 Findings
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(a) Trees and shrubs provide important services to the people of the Virgin Islands and are known to assist with the natural control of solar heat, soil conservation, flood control, and air and noise pollution. They also provide a haven for wildlife and provide citizens with psyc…
12 V.I.C. § 133 Purpose and intent
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(a) This chapter encourages the conservation and preservation of trees in the Virgin Islands and provides a tool by which the community of the Virgin Islands may create and maintain healthy and vigorous community forests in public spaces. It ensures the proper care and preservati…
12 V.I.C. § 134 Definitions
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(1) In this chapter:(1) “ANSI” means the American National Standards Institute.(2) “Arborist” means a certified expert on tree care and maintenance certified by an institution, such as the International Society of Arboriculture.(3) “Care” means that which is required to maintain …
12 V.I.C. § 135 Virgin Islands Urban Foresters
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(a) To facilitate the implementation of this chapter, there is established within the Department of Agriculture the position of Urban Forester, one for the district of St. Croix and one for the district of St. Thomas and St. John. The Urban Forester shall work for and answer dire…
12 V.I.C. § 136 Virgin Islands Tree Board
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(a) There is established the Virgin Islands Tree Board to protect, manage, remove, and establish trees on public property within the Virgin Islands. The Virgin Islands Tree Board shall also identify, protect, and care for heritage trees that are of cultural, biological, and histo…
12 V.I.C. § 137 Permits — removal and pruning
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(a) A permit must be obtained from the Urban Forester in each respective district for all types of work or treatments to public trees, including branch and root pruning and the removal of public trees. (b) The scope of work set forth in the application must conform to the guideli…
12 V.I.C. § 138 Exemptions from permitting [Repealed]
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12 V.I.C. § 138 Statutes current through Act 9046 of the 2025 session of the 36th Legislature, including all code changes through October 25, 2025 Virgin Islands Code AnnotatedCopyright © 2026 All rights reserved.
12 V.I.C. § 139 Public hearings
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(a) Notice of a public tree removal, pruning or planting must be posted, advising the public of the date and description of tree that is to be removed. The notice must be posted in a prominent location and be visible from a public street. The notice must also be published in a ne…
12 V.I.C. § 140 Public tree removal and replacement
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(a) Trees with less than five inches dbh, tan tan trees (Leucaena leucocephela) and roadside brush may be removed without a permit. (b) An application to remove a public tree must be submitted to the Urban Forester for approval in the form of a Public Tree Removal Permit Request.…
12 V.I.C. § 141 Public tree planting
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An entity or person who wants to plant a tree in the road right-of-way or other public space must submit an application to an urban forester. Information regarding the location, spacing, tree species and the sizes of the trees must be included in the application. The urban forest…
12 V.I.C. § 142 Private trees as public nuisance
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(a) A certified arborist shall make the determination that a tree is a public nuisance tree. (b) The Urban Forester in accordance with the Virgin Islands Tree Board policies and best management practices has the right to prune or remove public nuisance trees that are located on p…
12 V.I.C. § 143 Preservation
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(a) No heritage tree may be pruned, removed or damaged in any way unless an Urban Forester, a designated arborist or the Territorial Forester determines that there is an overriding need for public improvements or a severe hardship exists for reasonable use of a site. (b) If an Ur…
12 V.I.C. § 144 Enforcement
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(a) The Territorial Forester shall enforce the provisions of this chapter and may issue citations or institute legal proceedings for violations of this chapter. (b) If it becomes necessary, the Territorial Forester may request assistance from the Department of Planning and Natura…
12 V.I.C. § 145 Penalties
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(a) Any person or entity that violates any provision of this chapter by causing, contributing to, or permitting the injury of, removal, or destruction of a public tree, shrub or a heritage tree is subject to a civil penalty of not less than $100, but not more than $500 for each v…
12 V.I.C. § 146 Exceptions
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(1) The provisions of this chapter do not apply to:(1) Work conducted on property owned by the Federal Government;(2) Activities that have minor effect on trees, such as collecting fruit from trees, home gardening and landscaping of an individual’s yard immediately surrounding a …
12 V.I.C. § 151 Declaration of policy
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It is hereby declared to be the public policy of the Government of the United States Virgin Islands, in recognition of its sovereign duty to conserve and control its water resources for the benefit of the inhabitants of the United States Virgin Islands, that comprehensive plannin…
12 V.I.C. § 152 Definitions
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(a) “Department” means the Department of Planning and Natural Resources. (b) “Commissioner” means the Commissioner of Planning and Natural Resources or his authorized representative. (c) “Person” means any individual, firm, partnership, association, corporation, the Government of…
12 V.I.C. § 153 Appropriation permits
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No person shall have the power to take or withdraw water without first obtaining a permit from the Commissioner conferring an appropriation right; provided, that this section shall not apply to any person taking or withdrawing less than 500 gallons per day for beneficial use; and…
12 V.I.C. § 154 Terms and conditions of appropriation permits
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(a) The Commissioner is hereby empowered and directed to issue regulations governing the form and consent of applications for appropriation permits. (b) The fee for an appropriation permit shall be ten dollars, and the permit shall be valid for a period of ten years or for such o…
12 V.I.C. § 155 Principles governing issuance of permits
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(a) Applications for permits embodying vested rights shall be granted in preference to all other applications, except insofar as the Government may choose to condemn such rights under its powers of eminent domain and pay just compensation therefor; provided, that such application…
12 V.I.C. § 156 Lapse, modification, or revocation of permits
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(a) The rights conferred by an appropriation permit shall lapse, and the permit shall become null and void, in the event of nonuse of the appropriation for a period of two consecutive years; provided, that the Commissioner shall have discretion not to apply this subsection to app…
12 V.I.C. § 157 Well driller's license
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(a) No person shall engage in the business of well drilling in the United States Virgin Islands without first obtaining a license from the Commissioner as hereinafter provided. Such licenses are required not only of those who make a regular business of well drilling, but of all w…
12 V.I.C. § 158 Well drilling
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Except as provided in section 153 of this title, no well shall be drilled in the United States Virgin Islands unless the owner or lessee of the land on which the well is to be drilled shall have obtained an appropriation permit authorizing withdrawal of water by means of such wel…
12 V.I.C. § 159 Provision of information; right of inspection
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(a) All persons taking or withdrawing water in any amount, including persons exempted from the permit requirements of this chapter by virtue of the fact that they are taking or withdrawing less than 500 gallons of water per day, shall be obligated at all times to provide the Comm…
12 V.I.C. § 160 Meters to be installed; access to wells
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(a) Any person operating a well pursuant to an appropriation permit shall install a meter of a type and in the manner specified by regulations of the Commissioner for the purpose of recording the amount of water drawn from the well. When appropriate, meters may also be required i…
12 V.I.C. § 161 Sealing of wells
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For the purpose of preventing the contamination of fresh-water aquifers, the owner of a well, upon abandoning or encountering highly mineralized water in any existing or new well test hole, shall immediately notify the Commissioner and shall effectively seal such well or test hol…
12 V.I.C. § 162 Wasteful use prohibited
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No owner of a well, whether a pumping well or a flowing well, shall discharge from the well or permit the discharge from the well of water that is allowed to run to waste and not put to useful service, except in connection with pumping tests.
12 V.I.C. § 163 Repealed. June 24, 1987, No. 5265, § 303(f). Sess. L. 1987, p. 42
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12 V.I.C. § 163 Statutes current through Act 9046 of the 2025 session of the 36th Legislature, including all code changes through October 25, 2025 Virgin Islands Code AnnotatedCopyright © 2026 All rights reserved.
12 V.I.C. § 164 Penalties
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(a) Any person who willfully violates any of the provisions of this chapter or of the rules and regulations promulgated pursuant thereto shall be fined not more than $500 or imprisoned for not more than 6 months, or both. (b) The Commissioner shall, regardless of the criminal pro…
12 V.I.C. § 165 Injunctions
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In case of noncompliance with the provisions of this chapter or with the terms and conditions of any rule, regulation, license, or permit issued thereunder, the Commissioner, in addition to or in lieu of proceeding under section 164(b) of this title, may notify the Attorney Gener…
12 V.I.C. § 166 Review
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Any person aggrieved by any decision of the Commissioner made pursuant to this chapter may appeal such decision to the Board of Land Use Appeals within 10 days of the decision.
12 V.I.C. § 167 Repealed. Nov. 28, 1987, No. 5292, § 2(7), Sess. L. 1987, p. 157
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12 V.I.C. § 167 Statutes current through Act 9046 of the 2025 session of the 36th Legislature, including all code changes through October 25, 2025 Virgin Islands Code AnnotatedCopyright © 2026 All rights reserved.