Regio Decreto Legge, Riordinamento e riforma della legislazione in materia di boschi e di terreni montani, 30 December 1923

This Decree Law represents the basic legal framework in matter of forestry. Since it was enacted in 1923, it must be coordinated with the Constitution, which entrusts particular legislative and administrative competences to the Regions in matter of forestry as well (art. 117). The Decree consists of seven Titles. Title I makes provision for the protection of the public interests. To this end, certain restrictions shall be applied to private lands, so as to guarantee the public safety and protect the water regime. The transformation of forests falling within such bond lands shall be subject to the previous issuance of an authorization by the Forestry Authority, with a view to preventing the risks defined by article 1. In case of granting of the authorization, the Authority shall prescribe the modalities for governing and using woods and pastures. Title II regulates the arrangement and reforestation of mountain territories. Cultivation shall be forbidden on reforested lands. Grazing shall be allowed only under the conditions referred to in article 9. As per article 79, landowners are entitled to create consortia for the execution of the works defined by Title II. Title IV regards the management of sylvo-pastoral resources which belong to the Central Administration, the Communes and other entities (after the entry into force of the Constitution of 1948, the Regions are to be included too). Article 106 specifies the forests which are comprised within the State forest domain. Such forests shall therefore be inalienable and shall be cultivated and used in compliance with a special economic plan. Moreover, the forestry administration is hereby authorized to purchase woodlands and pastures to be inserted into the State forest domain (art. 111). Title V of the Decree makes provision in matter of rights of uses over forests and bond lands. Such rights of uses may not exceed the limits established under article 521 of the Civil Code.