Section 68-5-1 – Short title.
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 […]
Section 68-5-2 – Definitions.
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; […]
Section 68-5-3 – Prescribed burn use.
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 […]
Section 68-5-4 – Civil liability.
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 […]
Section 68-2-26 – Enforcement; Forest Conservation Act.
Any officer of the law, forestry agent, forest ranger, forest patrolman or conservation officer enforcing the provisions of the Forest Conservation Act [68-2-1 to 68-2-25 NMSA 1978] may: A. stop any vehicle or means of conveyance containing any woody material for the purpose of making an inspection and investigation; B. inspect the woody material in […]
Section 68-2-27 – Using false information to comply with the Forest Conservation Act.
It is unlawful for any person to use false information or documentation to obtain any permit, license or other benefit under the Forest Conservation Act [68-2-1 to 68-2-25 NMSA 1978]. Any person who is found guilty of violating the provisions of this section shall be sentenced according to Section 68-2-17 NMSA 1978. History: 1978 Comp., […]
Section 68-2-28 – Forest land protection revolving fund created.
A. There is created in the state treasury a revolving fund to be known as the “forest land protection revolving fund”. The forest land protection revolving fund shall consist of all receipts as provided by Section 68-2-26 NMSA 1978, fees collected pursuant to the Prescribed Burning Act [68-5-1 to 68-5-8 NMSA 1978], appropriations, gifts, grants, […]
Section 68-2-29 – Short title.
Sections 1 through 5 [68-2-29 to 68-2-33 NMSA 1978] of this act may be cited as the “New Mexico Forest Re-Leaf Act”. History: Laws 1990, ch. 96, § 1. ANNOTATIONS Compiler’s notes. — Laws 1990 (1st SS), ch. 6, § 8 repealed Laws 1990, ch. 96, § 7 which provided a contingent effective date for […]
Section 68-2-30 – Findings and purpose of act.
A. The legislature finds that the health and safety of our increasingly fragile environment is threatened daily by increased emissions of carbon dioxide. These emissions deplete the stratospheric ozone and cause dangerous greenhouse and global warming effects. Trees naturally synthesize carbon dioxide into oxygen as a byproduct of photosynthesis and thereby reduce the harmful environmental […]
Section 68-2-31 – Definition[s].
As used in the New Mexico Forest Re-Leaf Act [68-2-29 to 68-2-33 NMSA 1978]: A. “division” means the forestry division of the energy, minerals and natural resources department; and B. “tree” means any living single-stemmed or multi-stemmed woody material. History: Laws 1990, ch. 96, § 3; 1993, ch. 76, § 1. ANNOTATIONS The 1993 amendment, […]