NMSA 1978, § 68-2A-1 Short title
68-2A-1. Short title
This act [68-2A-1 to 68-2A-5 NMSA 1978] may be cited as the "Wildfire Prepared Act".
Laws 2025, ch. 55, § 1.
Wildfire Prepared
NMSA 1978 ch. 68, art. 2A
in effectNMSA 1978, § 68-2A-2 Definitions
68-2A-2. Definitions
As used in the Wildfire Prepared Act:
A. "assessment" means an assessment of a structure or property for compliance with wildfire preparedness standards;
B. "buffer" means an area treated to reduce wildfire fuel in order to act as a barrier between properties to limit and halt the spread of wildfire and provide a safe zone for firefighters to engage with wildfires;
C. "certification" means a certificate provided pursuant to the wildfire prepared program indicating that a structure or property meets wildfire preparedness standards;
D. "department" means the energy, minerals and natural resources department;
E. "division" means the forestry division of the energy, minerals and natural resources department;
F. "eligible property owner" means a New Mexico resident who owns a residence in New Mexico and meets all requirements developed by the task force to be eligible for a wildfire prepared program grant;
G. "high-risk area" means an area identified by the task force as having a high probability of wildfire that is likely to spread to structures or property;
H. "noncombustible" means made from material of which no part will ignite and burn when subjected to fire;
I. "property" means the land adjacent to a structure;
J. "qualified entity" means a political subdivision of the state or an entity contracted with for the hardening of structures to be wildfire prepared;
K. "residence" means a dwelling structure designed for long-term habitation and its property;
L. "structure" means a constructed object, including residences or commercial buildings and outbuildings such as barns and sheds;
M. "task force" means the fire planning task force;
N. "wildfire" means a fire originating from an unplanned ignition, such as lightning, volcanoes, an unauthorized or accidental human-caused fire or a prescribed fire that is declared a wildfire;
O. "wildfire prepared" means being resistant to wildfire through actions to harden and make noncombustible structures and property to reduce the risk of structure ignition and building-to-building fire spread, including the use of noncombustible and ignition-proof building materials and landscaping property to reduce hazardous fuels; and
P. "wildfire preparedness standards" means the standards developed by the task force for structures and property to be wildfire prepared.
Laws 2025, ch. 55, § 2.
NMSA 1978, § 68-2A-3 Fire planning task force; duties; wildfire prepared program; standards; requirements
68-2A-3. Fire planning task force; duties; wildfire prepared program; standards; requirements
A. The "fire planning task force" is created. The task force shall consist of:
(1) the state fire marshal;
(2) the director of the local government division of the department of finance and administration;
(3) the commissioner of public lands;
(4) the state director of the federal bureau of land management on behalf of the United States department of the interior;
(5) the regional forester of the United States forest service;
(6) a member of a local fire department, appointed by the governor;
(7) a member of a volunteer fire department, appointed by the state forester;
(8) the director of the New Mexico association of counties;
(9) the director of the New Mexico municipal league;
(10) the director of the construction industries division of the regulation and licensing department;
(11) the state forester;
(12) the secretary of Indian affairs;
(13) the superintendent of insurance;
(14) the secretary of homeland security and emergency management;
(15) a member with expertise in wildfire science and structures, appointed by the state forester; and
(16) a representative of a state-based property insurance carrier trade association, appointed by the state forester, after consulting with the office of superintendent of insurance.
B. The chair of the task force shall be elected by the task force. The task force shall meet at the call of the chair.
C. The public members of the task force shall receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 through 10-8-8 NMSA 1978].
D. The division, with assistance from the department of finance and administration, shall provide staff for the task force.
E. The task force shall:
(1) identify and map high-risk areas within the state;
(2) develop standards for building codes, defensible space requirements and ordinances that will reduce the threat of wildfires. In developing the standards, the task force shall:
(a) recognize the distinction between altering existing situations and establishing standards for new construction;
(b) consider other fire suppression measures, including thinning overgrown forests, conducting controlled burns, clearing spaces around homes and other structures, using wildfire-resistant, noncombustible and ignition-resistant building materials and national standards for defensible space requirements, including making the five-foot zone closest to and surrounding structures noncombustible;
(c) consider the impact of fire mitigation measures on wildlife; and
(d) solicit comments from affected landowners, land users and local governments;
(3) work with communities in the affected areas in adopting and implementing the building codes and ordinances;
(4) develop wildfire preparedness standards for certification that are consistent with and no less stringent than the most recent standards developed by a nationally recognized wildfire prepared standard-setting organization, such as the insurance institute for business and home safety;
(5) develop by June 30 of each year guidelines and requirements for eligibility for grants consistent with the provisions of and provided through the wildfire prepared program pursuant to Section 4 [68-2A-4 NMSA 1978] of the Wildfire Prepared Act; and
(6) report its progress and any recommendations for legislation to the governor and the legislature by December 15 of each year.
Laws 2003, ch. 115, § 1; 2003, ch. 303, § 1; § 68-2-34, recompiled and amended as § 68-2A-3 by Laws 2025, ch. 55, § 3.
NMSA 1978, § 68-2A-4 Wildfire prepared program; no right of action, guarantee of benefits or enforceable interest
68-2A-4. Wildfire prepared program; no right of action, guarantee of benefits or enforceable interest
A. The "wildfire prepared program" is created in the department to make structures and properties in New Mexico wildfire prepared. The department shall provide technical assistance and training, conduct assessments, provide certification and award grants to:
(1) political subdivisions of the state to:
(a) make changes to structures and properties to make them wildfire prepared;
(b) conduct hazardous fuels reduction to provide buffers for structures and properties in high-risk areas; and
(c) establish community-based programs to conduct assessments and provide certification; or
(2) qualified entities to assist eligible property owners with making the necessary changes to their residences for the sole purpose of making the residences wildfire prepared.
B. At least fifty percent of the grant money awarded pursuant to this section shall be made to qualified entities for the purpose of assisting eligible property owners with making the necessary changes to their residences to make them wildfire prepared.
C. Grants awarded pursuant to the wildfire prepared program shall be consistent with the guidelines and requirements developed by the task force.
D. Nothing in the Wildfire Prepared Act shall create any additional right of action under the law, and the provisions of that act do not guarantee any benefits and shall not be construed to create an interest in property that is enforceable under state law or that does not otherwise exist.
Laws 2025, ch. 55, § 4.
NMSA 1978, § 68-2A-5 Wildfire prepared fund
68-2A-5. Wildfire prepared fund
A. The "wildfire prepared fund" is created as a nonreverting fund in the state treasury to provide funding for the wildfire prepared program. The fund consists of distributions, appropriations, gifts, grants, donations and income from investment of the fund.
B. The department shall administer the fund. Money in the fund is appropriated to the department to administer, staff and carry out the provisions of the Wildfire Prepared Act.
C. Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of energy, minerals and natural resources or the secretary's authorized representative.
Laws 2025, ch. 55, § 5.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18571/index.doFetched: 10/20/2026