2. _Development of Forest Policy._

For centuries, since the fall of the Roman Empire (476 A.D.) until the

end of the eighteenth century, Italy has been the victim of war and

strife with neighbors or within its borders, being divided into

numberless commonwealths, almost each city being independent. Hence, no

economic improvements could take place until, under the influences of

the French Revolution, the regeneration period began. Not, however,

until the seven or eight states, which the Congress of Vienna (1815) had

established, were moulded into one united Italy under Victor Emmanuel,

during the years 1859 to 1870, could an effective reconstruction be

inaugurated.

It is true that some of the republics in earlier times paid attention to

their forest property. Notably in Venice, old forest ordinances[14] date

back to 697, and, in 1453, a regular forest administration was

instituted, especially to take care of the large forest area in Istria

and Dalmatia, which fell into the hands of the Venetians about 1420. A

tolerably conservative management continued here until the beginning of

the eighteenth century when, in consequence of political complications,

supervision became lax, and devastation began which continued through

the century, leaving to the new century, and finally to the Austrians,

the legacy of the Karst (see p. 173).

[14] BERENGER, Saggio storico della legislacione Veneta forestale,

1863. An excellent source.

Florence too, managed to prevent the deforestation of the summit of her

mountains until the beginning of the eighteenth century, and in other

republics, kingdoms and duchies, similar efforts at forest

administration existed. Yet Genoa, which in Strabo’s time was the

principal timber market of Italy, had by 1860 nearly all its mountain

slopes denuded.

Before the general legislation for all Italy was enacted there were at

least a dozen laws in operation in the various provinces; in Lombardy,

the law of 1811; in Naples, the law of 1826; in Rome, of 1827; in

Umbria, of 1805; in Bologna, of 1829; in Tuscany, of 1829; in Piedmont,

of 1833; in Sardinia, of 1851; etc. If these had been heeded much better

conditions would have been inherited by the new kingdom.

With the arrival of a national spirit, many schemes for the promotion of

forestry and of forest policy were discussed. The academies of Florence,

Milan, Modena, Palermo, and Pesaro offered premiums for reforesting of

mountains, and called for popular treatises on silviculture. A forestry

journal came into being, furthering the propaganda. In 1860 a very well

written account of “Present Conditions of Forestry and Production of

Sulphur in Sicily,” a collection of reports, was published by Shiro. In

1860 also, an investigation of forest conditions in each province was

ordered by royal decree, and propositions for their improvement were

called for, which led to legislative proposals, introduced in 1862, and

legislation enacted in 1863.

The law of 1863 still treated each province independently: forest

inspectors for each province, and for Naples an Inspector General, with

district foresters and a large number of forest guards were appointed.

Another law, applicable only to certain parts of the Kingdom, was

enacted in 1874, intended to check the progress of deforestation and

prevent turning waste woodlands into pasture; these absolute forest

soils were to be reforested within five years. The law remained a dead

letter, yet it is still in force in part, with modifications enacted in

1886.

The final unification of the country as far as legislative unity is

concerned, was completed in 1877, and in that year the first general

forest law for all Italy was also enacted.

This law, which has mainly in view the protective influence of forest

cover as a factor in the public welfare, leaving all private property

not falling under the character of protection forest entirely free,

established provincial forest commissions--conservation boards--unpaid,

who were to enact rules and regulations best adapted to their

localities. The Board of Commissioners consisted of the prefect of the

province, _ex-officio_ president; an inspector of forests, the technical

officer who administers the government property; an engineer appointed

by the governor; and three members chosen by the provincial council; in

addition, each communal council was to send one member to take part in

the deliberations of the board as far as his particular commune was

interested.

By this law the country is divided into two sections vertically, namely

the territory above the limit of chestnut, and that below this limit,

the latter representing the farming country, the territory above being

unfit for agricultural use. To the former the restrictions of the law

apply as a rule (_terreni soggetti al vincolo forestale_--ban forest),

to the latter, as exception, namely where the removal of forest or brush

cover might cause landslides, or affect stream flow or health conditions

unfavorably. The chestnut limit naturally varies in different parts,

but, generally speaking, lies between 1,800 and 2,000 feet elevation.

The determination of these areas was to be made by the provincial forest

committees, and it is significant to note that in these the State forest

administration did not have the majority.

The territory under restriction, was in 1887, after various revisions,

established as comprising 7.5 million acres of forest and 2.5 million

acres of brush and waste, nearly 71% of the forest area being thus

placed under restriction; leaving 2.5 million acres of forest and over 2

million of brush and waste outside the working of the law; these latter

areas are left entirely without restrictions, except as general police

regulations apply. The execution of the law and regulations is left to

the State Forest Department with an organization of forest guards (some

3,000 in 1883), appointed by the prefect of the province with the advice

of the forestry commission, but acting under the State forest

administration. Their pay was to come to the extent of two-thirds from

the communes, the other third from the provincial treasurer.

In the forests placed under the law, clearing and agricultural use is

forbidden. Fellings and cultures must be made under direction of the

Committee. No compensation is made for this limitation in use except

where hygienic influence was the basis for placing the forest under ban.

If the regulations of the commissions had been observed to their full

extent, all would have been well in time, but it is evident from

subsequent legislative efforts that the execution of the laws was not

what could be desired. Political exigencies required leniency in the

application of the law. An interesting report on the results of the

first quinquennium shows that during that time 170,000 acres were

cleared, over 40,000 without permission, and by 1900, it was estimated,

deforestation had taken place on about 5 million acres.

Wrangling over the classification of the lands under ban has continued

until the present, and local authorities have continued to favor private

as against public interest, to withdraw lands from the operation, and to

wink at disregard of the law. Moreover, rights of user to dead wood,

pasturage (goats are by law excluded) and other privileges continued to

prevent improvement, although several laws to effect their extinction

had been passed.

The devastating floods of 1882 led to much agitation, and, upon a report

of a special commission in 1886, the law of 1874, which had obligated

the communities to reforest their waste lands within five years or else

to sell, was revived, extending the term of obligatory reforestation in

the endangered sections to ten years. By that time, out of 800,000 acres

originally declared as requiring reforestation, not more than 40,000

acres had been planted, but the acreage involved had also been gradually

scaled down by the forest committees to 240,000 acres. The report, on

the other hand, found that the area needing reboisement was at least

500,000 acres, requiring an expenditure of 12 million dollars. The law

of 1877 did not contemplate enforced reforestation of banforests; it

sought to accomplish this by empowering either the Department of

Agriculture or the provinces or the communities or special associations

to expropriate for the purpose of reforestation. Results were nil.

A revision and broadening of the law led to the general reboisement act

of 1888,[15] which has in view the correction of torrents, fixing of

mountain slopes and sand dunes--one of the best laws of its kind in

existence anywhere.

[15] For details see _Fernow_, in Garden and Forest, 1888, page 417.

The principal features of the law are: obligatory reboisement of

mountains and sand dunes according to plans, and under direction of the

Department of Agriculture, the areas to be designated by the department,

with approval or disapproval of the forest committees; contribution to

the extent of two-fifths (finally raised to two-thirds) of the expense

by the government; expropriation where owners do not consent, or fail to

carry out the work as planned; right to reclaim property by payment of

costs and interest, or else sale by government; right of the department

to regulate and restrict pasture, but compensation to be paid to

restricted owners; encouragement of co-operative planters’ associations.

The area to be reforested was estimated at somewhat over 500,000 acres

and the expense at over 7 million dollars.

The execution of the law was not any stricter than before. In 1900, the

Secretary of Agriculture reports that “the laws do not yet receive

effective application.” The difficulty of determining what is and what

is not necessary to reforest, what is and what is not absolute forest

soil made ostensibly the greatest trouble and occasioned delay, but

financial incapacity and political influences bidding for popularity are

probably the main cause of the inefficiency.

Meanwhile the forest department tried to promote reforestation by giving

premiums from its scanty appropriation and distributing from its 130

acres of nurseries, during the years from 1867 to 1899, some 46 million

plants and over 500 pounds of seed, and furnishing advice free of

charge.

In 1897, again a commission was instituted to formulate new legislation.

This commission reported in 1902, declaring that all accessible forests

were more or less devastated, accentuating the needs of water

management, and proposing a more rigorous definition of ban forests, a

strict supervision of communal forests, and the management of private

properties under working plans by accredited foresters or else under

direct control of the forest department, the foresters to be paid by the

State, which is to recover from the owners. It was found that in the

past 35 years of the 125,000 acres needing reforestation urgently only

58,300 acres had been planted at an expense of $1,340,000.

In 1910, conditions seem not to have much improved, for again a vigorous

attempt at re-organization and improvement on the law of 1877 was made

by the Minister of Agriculture; so far without result.

It is to be noted that Italy is perhaps the only country where forest

influence on health conditions was legally recognized, by the laws of

1877 and 1888. The belief that deforestation of the _maremnae_, the

marshy lowlands between Pisa and Naples, had produced the malarial fever

which is rampant here, led the Trappist monks of the cloister at Tre

Fontane to make plantations of Eucalyptus (84,000) beginning in 1870,

the State assisting by cessions of land for the purpose. A commission,

appointed to investigate the results, in 1881, threw doubt on the

effectiveness of the plantation, finding the observed change in health

conditions due to improvement of drainage; and lately, the mosquito has

been recognized as the main agency in propagating the fever. The new

propositions, however, did not any more recognize this claimed influence

as a reason for public intervention. Incidentally it may be stated that

to two Italians is due the credit of having found the true cause of

salubriousness of forest air, namely in the absence of pathogenic

bacteria.

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