Forest Conservation

NMSA 1978 ch. 68, art. 2

in effect

NMSA 1978, § 68-2-1 Short title

68-2-1. Short title Sections 68-2-1 through 68-2-27 NMSA 1978 may be cited as the "Forest Conservation Act". 1953 Comp., § 62-3-1, enacted by Laws 1959, ch. 122, § 1; 1978 Comp., § 68-2-1; 1979, ch. 395, § 2; 2023, ch. 64, § 1.

NMSA 1978, § 68-2-2 Acceptance of federal laws

68-2-2. Acceptance of federal laws The state is authorized to accept the provisions of the act of congress dated June 7, 1924 (43 Stat. 653) commonly known as the Clarke-McNary Act and the act of congress dated July 1, 1978 (92 Stat. 365) commonly known as the Cooperative Forestry Assistance Act of 1978, as amended. 1953 Comp., § 62-3-2, enacted by Laws 1959, ch. 122, § 2; 1978 Comp., § 68-2-2; 2023, ch. 64, § 2.

NMSA 1978, § 68-2-3 State forester; compensation; qualifications

68-2-3. State forester; compensation; qualifications A. The director of the forestry division of the energy, minerals and natural resources department is the "state forester" and shall be paid a salary, set by the secretary of energy, minerals and natural resources. B. No individual may be appointed as the state forester unless the individual is, by reason of scientific education and experience, knowledgeable in the principles of forest management. 1953 Comp., § 62-3-3, enacted by Laws 1959, ch. 122, § 3; 1977, ch. 254, § 76; 1978 Comp., § 68-2-3; 1987, ch. 234, § 45; 2023, ch. 64, § 3.

NMSA 1978, § 68-2-4 Forestry division office; state forester in charge; executive officer

68-2-4. Forestry division office; state forester in charge; executive officer The forestry division shall establish an office in the city of Santa Fe, with the state forester in charge as executive officer of the division. 1953 Comp., § 62-3-4, enacted by Laws 1959, ch. 122, § 4; 1977, ch. 254, § 77.

NMSA 1978, § 68-2-5 State forester; employment of personnel; state fire chief; office clerk

68-2-5. State forester; employment of personnel; state fire chief; office clerk The state forester, with the approval of the secretary of energy, minerals and natural resources, shall employ, at salaries in accordance with the Personnel Act [Chapter 10, Article 9 NMSA 1978], those employees necessary to carry out the responsibilities of the forestry division. 1953 Comp., § 62-3-5, enacted by Laws 1959, ch. 122, § 5; 1977, ch. 254, § 78; 1987, ch. 234, § 46.

NMSA 1978, § 68-2-6 Division to serve as contracting agency for state; contracting authority

68-2-6. Division to serve as contracting agency for state; contracting authority For the purposes of the Forest Conservation Act, the forestry division of the energy, minerals and natural resources department is designated as the agent of the state and is authorized to enter into contracts and cooperative agreements with the secretary of agriculture of the United States of America, private landowners, the commissioner of public lands of the state, individuals, corporations or other local, state, federal and private agencies or organizations to carry out the provisions of the Forest Conservation Act and to do all other acts necessary to take advantage of and carry out the provisions of the acts of congress promulgated for the purposes of the Forest Conservation Act and the federal Cooperative Forestry Assistance Act of 1978, as amended. 1953 Comp., § 62-3-6, enacted by Laws 1959, ch. 122, § 6; 1963, ch. 24, § 1; 1977, ch. 254, § 79; 1978 Comp., § 68-2-6; 2023, ch. 64, § 4.

NMSA 1978, § 68-2-7 Forest fire and suppression defined

68-2-7. Forest fire and suppression defined As used in the Forest Conservation Act: A. "forest fire" means a fire burning uncontrolled on lands covered wholly or in part by timber, brush, grass, grain or other vegetation; and B. "suppression" means all of the activities to extinguish, limit or contain forest fire spread. 1953 Comp., § 62-3-6.1, enacted by Laws 1967, ch. 208, § 1; 1978 Comp., § 68-2-7; 2023, ch. 64, § 5.

NMSA 1978, § 68-2-8 Forestry division responsibility for statewide forest fire protection and forest conservation; authority; police power

68-2-8. Forestry division responsibility for statewide forest fire protection and forest conservation; authority; police power A. The forestry division of the energy, minerals and natural resources department is responsible for the conservation of forests and forest resources and the prevention and suppression of forest fires on all nonfederal, nonmunicipal lands in the state. The division, whether independently or in cooperation with federal, state or local agencies, is authorized to: (1) conserve forests and forest resources; (2) maintain and improve forest health; (3) prevent, control and suppress forest fires; (4) conduct forest fire suppression rehabilitation and repair; (5) conduct post-fire slope stabilization, erosion control, riparian restoration, seeding and reforestation of burned areas; (6) research forestry and forest fires; (7) prescribe uses of fires; (8) conduct urban and community forestry; (9) establish and support nurseries; (10) furnish forestry and forest fire-related technical advice to the people of the state, including technical advice and projects related to the mitigation of or adaptation to changing climatic conditions; and (11) provide financial, technical and related assistance to local governments to organize, train and equip local firefighters to prevent, control and suppress forest fires threatening the natural resources of rural forest areas or communities. B. The forestry division and the division's agents: (1) shall have unrestricted access to private and state lands, including the use of roads and trails to carry out forest fire suppression work; and (2) shall not be liable to civil action for trespass or for damages for acts done in the course of their official duties unless otherwise expressly provided by contract or agreement with the landowner, which contract or agreement is made pursuant to the provisions of the Forest Conservation Act. C. The police power of the state shall extend to such control of private forest lands as is necessary for the suppression of forest fires. D. The authorization provided in Subsection A of this section with respect to forest conservation, fire prevention and post-fire forest rehabilitation activities, but not forest fire suppression activities, is to be exercised in cooperation and pursuant to an agreement with the underlying landowner or land manager. 1953 Comp., § 62-3-6.2, enacted by Laws 1967, ch. 208, § 2; 1978 Comp., § 68-2-8; 1979, ch. 395, § 3; 2023, ch. 64, § 6.

NMSA 1978, § 68-2-9 Penalty for obstruction

68-2-9. Penalty for obstruction Any person obstructing the access of the forestry division of the energy, minerals and natural resources department or the division's agents to lands, as provided in Section 68-2-8 NMSA 1978, is guilty of a misdemeanor and upon conviction may be sentenced to not less than thirty days nor more than ninety days in the county jail or fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or both such imprisonment and fine. 1953 Comp., § 62-3-6.3, enacted by Laws 1967, ch. 208, § 3; 1978 Comp., § 68-2-9; 2023, ch. 64, § 7.

NMSA 1978, § 68-2-10 Administrative districts

68-2-10. Administrative districts The state forester shall divide the state into [a] suitable and convenient number of administrative districts and shall appoint a supervising forest officer for each district. 1953 Comp., § 62-3-6.3, enacted by Laws 1967, ch. 208, § 4.

NMSA 1978, § 68-2-11 Contracts for protection of forest areas

68-2-11. Contracts for protection of forest areas The commissioner of public lands is authorized to enter into contracts and cooperative agreements with the forestry division of the energy, minerals and natural resources department for the protection and conservation of forests and denuded forest areas under the commissioner's jurisdiction and control and is authorized to pay the assessments thereunder from the state land office maintenance fund, provided that such contracts and agreements do not commit the use of the lands in a manner and do not entail expenditures of the maintenance fund contrary to the provisions of the act of congress dated June 20, 1910, entitled Enabling Act for New Mexico. 1953 Comp., § 62-3-7, enacted by Laws 1959, ch. 122, § 7; 1977, ch. 254, § 80; 1978 Comp., § 68-2-11; 2023, ch. 64, § 8.

NMSA 1978, § 68-2-12 Acquisition and disposition of land by division

68-2-12. Acquisition and disposition of land by division The division is authorized, with the approval of the commissioner of public lands, to acquire land or interest in land, either by gift or by purchase, title to which shall be taken in the name of the state of New Mexico. Land or interest in land no longer needed may be disposed of as provided by law. 1953 Comp., § 62-3-8, enacted by Laws 1959, ch. 122, § 8; 1977, ch. 254, § 81.

NMSA 1978, § 68-2-14 Enforcement of laws; investigation of violations

68-2-14. Enforcement of laws; investigation of violations A. The forestry division of the energy, minerals and natural resources department is authorized to enforce all laws and rules relating to all forested, cut-over or brush lands lying within the state under the following circumstances: (1) prevention and suppression of forest fires; (2) logging and timber operations and practices; (3) trespass, waste and littering; and (4) conservation of forests and forest resources and products. B. The state forester, all persons the state forester designates as peace officers and any other peace officers are authorized to go upon forested, cut-over or brush lands lying within the state to investigate violations of the Forest Conservation Act and are given the necessary police powers to apprehend and arrest on warrant issued by any magistrate or judge of the state for violation of the Forest Conservation Act or without warrant for violations thereof committed in their presence and shall not be liable to civil actions in trespass for acts done in discharge of their duties. 1953 Comp., § 62-3-9, enacted by Laws 1959, ch. 122, § 9; 1977, ch. 254, § 83; 1978 Comp., § 68-2-14; 1979, ch. 395, § 4; 2023, ch. 64, § 9.

NMSA 1978, § 68-2-16 Rules of division

68-2-16. Rules of division The forestry division of the energy, minerals and natural resources department is authorized to make and enforce rules not in conflict with any law now in force as it deems necessary for the prevention and suppression of forest fires, for the control of forest insects or diseases and for the application of commercial or silvicultural forest practices within the state. The rulemaking power includes the requiring of registration of sawmills, declaring of designated areas to be high hazard fire areas and closing them to entry by the general public for reasonable periods and requiring native forest vegetative types to be harvested or treated in such manner as to support forest practices that maintain and enhance the benefits of forests and forest resources to New Mexico. Rules shall be provided to all interested parties upon request. Nothing in the Forest Conservation Act shall prevent a landowner from converting forest vegetative types to nonforest vegetative types for such purposes as range, wildlife habitat, farming, surface mining or subdivision development; provided, however, any slash resulting from such conversion shall be treated in a manner that will minimize the spread of forest fires and the possibility of insect or disease epidemic. 1953 Comp., § 62-3-11, enacted by Laws 1959, ch. 122, § 11; 1961, ch. 113, § 1; 1977, ch. 254, § 85; 1978 Comp., § 68-2-16; 1979, ch. 395, § 5; 2023, ch. 64, § 10.

NMSA 1978, § 68-2-17 Laws; rules and regulations; violations; penalties

68-2-17. Laws; rules and regulations; violations; penalties It is unlawful for any person to violate any provision of the Forest Conservation Act [68-2-1 to 68-2-27 NMSA 1978] or any provision of a rule or regulation adopted pursuant thereto. Such violation is a misdemeanor and upon conviction thereof such person shall be punished for each violation by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail not to exceed one year or both. 1953 Comp., § 62-3-12, enacted by Laws 1959, ch. 122, § 12; 1977, ch. 254, § 86; 1979, ch. 395, § 6; 1980, ch. 84, § 1; 1987, ch. 143, § 1.

NMSA 1978, § 68-2-21 Revolving fund created

68-2-21. Revolving fund created There is created in the state treasury a revolving fund to be known as the "conservation planting revolving fund". The conservation planting revolving fund shall consist of money appropriated to the fund by the legislature, all receipts from the sale of trees for conservation plantings and any other revenues directed to the fund. Expenditures may be made from the conservation planting revolving fund upon vouchers signed by the state forester and warrants issued by the secretary of finance and administration for the purpose of purchasing, selling or distributing trees to New Mexico landowners, schools, civic or community groups or other organizations for conservation plantings or generally to protect or enhance the state's environment. Money in the conservation planting revolving fund shall not revert to the state general fund. 1978 Comp., § 68-2-21, enacted by Laws 1979, ch. 221, § 2; 1979, ch. 395, § 7; 1990, ch. 96, § 6; 1991, ch. 3, § 1.

NMSA 1978, § 68-2-22 Cutting and removing woody material without written consent

68-2-22. Cutting and removing woody material without written consent A. As used in this section: (1) "owner" means any public agency, person, partnership, firm, corporation and recognized agents owning or having legal control to the surface rights of the land upon which the woody material is located and having legal authority to issue permits or enter into agreements for the disposal of the woody material; and (2) "woody material" includes any live or dead evergreen, coniferous or deciduous tree, branch, bough, bush, sapling or shrub in its natural condition, trimmed or untrimmed, and with or without roots. B. No person shall cut, remove, transport or sell any woody material without written consent of the owner or proof of ownership, whether the land is publicly or privately owned. The written consent shall contain a legal description of the land where the woody material is removed, the name and address of the legal owner, the volume or amount of material to be removed, the date of execution and the expiration date of the consent. In addition, any person purchasing woody material from another for the purpose of resale must possess a valid bill of sale containing the date of sale, the amount of material purchased and the name, address and signature of the seller. The written consent, bill of sale or a true copy shall be carried by every person in charge of cutting, removing, transporting or selling the woody material and shall be exhibited to any peace officer at the officer's request. This provision shall not apply to campers, picnickers, hunters and persons fishing who gather woody material for use in the immediate vicinity of their campsite or private landowners removing woody material from their own land for their personal use. 1953 Comp., § 62-1-13, enacted by Laws 1961, ch. 200, § 1; 1963, ch. 316, § 1; 1967, ch. 15, § 1; 1977, ch. 254, § 75; 1979, ch. 395, § 1; 1978 Comp., § 68-1-10 NMSA 1978, recompiled as § 68-2-22 by Laws 1979, ch. 395, § 13; 1987, ch. 143, § 2; 2023, ch. 64, § 11.

NMSA 1978, § 68-2-24 Forest land policy

68-2-24. Forest land policy Recognizing that the forest makes a vital contribution to New Mexico by providing wood products, jobs, grazing, quality water, wildlife habitat, young trees, taxes and other economic benefits, it is hereby declared to be the public policy of the state to adopt forest practices that maintain and enhance such benefits and such resources and to recognize varying forest resources by employing silvicultural planning, including fire prevention that provides for the removal of trees in a manner that provides reasonable assurance for the natural or artificial regeneration of native tree species; provided, however, nothing in this section shall be in conflict with any law now in force. 1978 Comp., § 68-2-24, enacted by Laws 1979, ch. 395, § 9; 2023, ch. 64, § 12.

NMSA 1978, § 68-2-25 Forest owner assistance

68-2-25. Forest owner assistance Upon the request of any landowner, the state forester shall advise and encourage the use of good management practices through an educational program and by providing technical forestry assistance to any landowner for specific sites prior to and during harvesting or other forestry-related activities. 1978 Comp., § 68-2-25, enacted by Laws 1979, ch. 395, § 10; 2023, ch. 64, § 13.

NMSA 1978, § 68-2-26 Enforcement; Forest Conservation Act

68-2-26. Enforcement; Forest Conservation Act Any peace officer enforcing the provisions of the Forest Conservation Act may: A. stop any vehicle or means of conveyance containing any woody material for the purpose of inspection and investigation; B. inspect the woody material in any vehicle or other means of conveyance, including common carrier; C. seize and hold any woody material cut, removed, piled, transported or offered for sale in violation of this section. Upon determination by the appropriate court that a section of the Forest Conservation Act has been violated and the court's issuance of an order authorizing the sale, the forestry division of the energy, minerals and natural resources department shall sell the woody material and all money collected is to be deposited into the forest land protection revolving fund; and D. seize and hold any property used in violation of this section and, upon determination of the appropriate court that a section of the Forest Conservation Act has been violated, keep or dispose of the property upon order of the district court. All money collected, if any, shall be deposited into the forest land protection revolving fund. 1978 Comp., § 68-2-26, enacted by Laws 1987, ch. 143, § 4; 2023, ch. 64, § 14.

NMSA 1978, § 68-2-27 Using false information to comply with the Forest Conservation Act

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 68-2-27 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. 1978 Comp., § 68-2-27, enacted by Laws 1987, ch. 143, § 5.

NMSA 1978, § 68-2-28 Forest land protection revolving fund created

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, donations and revenue received by the forestry division of the energy, minerals and natural resources department from the federal government or other state agencies and other sources for conducting forest and watershed management projects. Subject to legislative appropriation, expenditures may be made from the forest land protection revolving fund upon vouchers signed by the state forester and warrants issued by the secretary of finance and administration: (1) for the administration, implementation and enforcement of the Forest Conservation Act; (2) to administer and fund forest and watershed management projects, including acquisition of tools and equipment and expenses incurred by the forestry division in planning and supervising forest and watershed management projects; (3) to fund approved projects pursuant to the Forest and Watershed Restoration Act; and (4) to administer the Prescribed Burning Act. B. Money in the forest land protection revolving fund shall not revert to the general fund. 1978 Comp., § 68-2-28, enacted by Laws 1987, ch. 143, § 6; 1996, ch. 74, § 1; 2016, ch. 65, § 1; 2019, ch. 62, § 7; 2021, ch. 13, § 10; 2023, ch. 64, § 15.

NMSA 1978, § 68-2-29 Short title

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". Laws 1990, ch. 96, § 1.

NMSA 1978, § 68-2-30 Findings and purpose of act

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 effects caused by carbon dioxide. B. Trees protect and promote soil, energy and water conservation and generally enhance the state's environment. C. The purpose of the New Mexico Forest Re-Leaf Act [68-2-29 to 68-2-33 NMSA 1978] is to help protect the environment and to improve the quality of life by encouraging and arranging for the planting of trees throughout the state by children, students, parents, schools, civic and community groups and all residents of New Mexico. Laws 1990, ch. 96, § 2.

NMSA 1978, § 68-2-31 Definition[s]

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. Laws 1990, ch. 96, § 3; 1993, ch. 76, § 1.

NMSA 1978, § 68-2-32 Tree plantings; promotions and programs; duties of the division and the state forester; authorizing regulations; tree planting program applications

68-2-32. Tree plantings; promotions and programs; duties of the division and the state forester; authorizing regulations; tree planting program applications A. The division shall promote the importance of planting trees for soil, energy and water conservation, to enhance the state's beauty and generally to protect and improve the quality of the environment. The division shall attempt, through the promotion of tree planting campaigns and other efforts, including public education, to grant or sell trees to individuals and groups to provide for effective planting of trees throughout the state. B. To promote tree planting, the division shall implement, in harmony, the New Mexico Forest Re-Leaf Act [68-2-29 to 68-2-33 NMSA 1978] and the conservation planting revolving fund provided for in Section 68-2-21 NMSA 1978. The division is authorized to adopt regulations necessary or appropriate to administer and achieve the purposes of the New Mexico Forest Re-Leaf Act and the conservation planting revolving fund. C. Persons may apply to the division, on forms and in accordance with rules and procedures the division may adopt, for grants or purchases of trees to plant in the state. The division shall encourage applications from schools and universities, environmental education programs and civic and community groups. Each application shall indicate whether any applicable local soil and water conservation district has reviewed and approved the application. D. Applications to receive and plant trees shall be granted or denied by the division in accordance with criteria the division shall establish. In granting applications, the division shall ensure that no less than twenty percent of the balance of the conservation planting revolving fund shall be granted free to groups or individuals in any fiscal year for the purpose of planting trees. Laws 1990, ch. 96, § 4; 1993, ch. 76, § 2.

NMSA 1978, § 68-2-33 Tree planting advisory committee created; purpose of committee; composition

68-2-33. Tree planting advisory committee created; purpose of committee; composition A. The state forester shall appoint a tree planting advisory committee. The committee shall meet at least twice a year to review the division's tree planting programs. The committee shall seek public input on the division's programs and may recommend to the division and the state forester how best to achieve the purposes of the New Mexico Forest Re-Leaf Act [68-2-29 to 68-2-33 NMSA 1978] and the conservation planting revolving fund. B. The committee shall include at least one member from the soil and water conservation commission, one member from the state association of soil and water conservation districts, two members from nonprofit environmental organizations dedicated primarily to protecting the environment and two members from the New Mexico association of nursery industries. Other committee members may include representatives from the state department of public education, state universities, the commission on higher education, the local government division of the department of finance and administration and other persons whom the state forester determines will assist the committee in performing its functions. C. A majority of the members of the committee constitutes a quorum for the transaction of business. The committee shall elect a chairman from among its membership. D. Staff for the committee shall be provided by the division. Laws 1990, ch. 96, § 5.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18571/index.doFetched: 10/20/2026