Sections 1 through 8 [68-5-1 to 68-5-8 NMSA 1978] of this act may be cited as the “Prescribed Burning Act”. History: Laws 2021, ch. 13, § 1. ANNOTATIONS Effective dates. — Laws 2021, ch. 13 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 2021, 90 […]
As used in the Prescribed Burning Act: A. “certified prescribed burn manager” means a person certified pursuant to the prescribed burn manager certification program; B. “department” means the energy, minerals and natural resources department; C. “division” means the forestry division of the department; D. “extension service” means the New Mexico state university cooperative extension service; […]
A. Prescribed burning is considered in the public interest and not a public or private nuisance. B. A private landowner or a private landowner’s agent, contractor or legally authorized designee shall have a right to conduct a prescribed burn on the landowner’s property, except when the state forester or a county or municipality issues restrictions […]
A. A private landowner or a private landowner’s agent, contractor or legally authorized designee who is a certified prescribed burn manager and who conducts a prescribed burn is liable for any damages to property or for personal injury caused by the prescribed burn, including the reignition of a previously contained prescribed burn, if that person […]
The department shall promulgate rules establishing a model prescribed burn permit for use by counties or municipalities. The rules shall provide for required terms and conditions of a prescribed burn permit, including: A. common terminology and definitions; B. standards for data collection regarding the ownership of land, fuels used, size of the prescribed burn, location […]
A county or municipality may adopt an ordinance to require a private landowner to obtain a permit to conduct a prescribed burn. A county or municipality that requires landowners to obtain a permit to conduct a prescribed burn shall use the model prescribed burn permit adopted by the department. History: Laws 2021, ch. 13, § […]
A. The division shall create a prescribed burn manager certification program accessible to private landowners and private landowners’ agents, contractors or legally authorized designees who conduct prescribed burns. The certification program shall include training, which shall be provided by the extension service, on all relevant aspects of prescribed burn, including legal requirements, safety, weather, fire […]
The extension service shall provide the training required for prescribed burn manager certification as specified in rules adopted by the department. The extension service may collect fees for providing the training. The fees shall not exceed the amount required to recover costs that the extension service incurs in providing the training. History: Laws 2021, ch. […]
