Title 38 — FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS

38-1301. Short title. This act shall be known and may be cited as "The Idaho Forest Practices Act."

38-1302. Policy of the state — Purpose of act. (1) Recognizing that federal, state and private forest lands make a vital contribution to Idaho by providing jobs, products, tax base, and other social and economic benefits, by helping to maintain forest tree species, soil, air and …

38-1303. Definitions. Unless the context requires otherwise, in this chapter: (1) "Forest practice" means (a) the harvesting of forest tree species; (b) road construction associated with harvesting of forest tree species; (c) reforestation; (d) use of chemicals or fertilizers for…

38-1304. Duties of the board. The board: (1) Shall adopt rules for forest regions establishing minimum standards for the conduct of forest practices on forest land. These rules shall be based upon the following criteria: (a) Provide for the harvesting of forest tree species in a …

38-1305. Duties, powers of department. The department: (1) Shall administer and enforce this act; (2) (a) Shall, through the director, appoint a forest practices advisory committee to the board for the purpose of providing technical advice to the board in carrying out the board’s…

38-1306. Notification of forest practice. (1) Before commencing a forest practice, the department shall be notified as required in subsection (2) of this section. The notice shall be given by the operator; however, the timber owner or landowner satisfies the responsibility of the…

38-1306A. Nonresident operators — Bond. Prior to commencing any forest practices, nonresident operators who do not own real property in Idaho shall submit to the department a bond in a form acceptable to the board to insure the performance of the duties of the operator under this…

38-1306B. Requirement for operating bonds. (1) At the direction of the board, the department shall require submission of an operating bond, before accepting a forest practices notification, from any operator who has repeatedly or habitually: (a) Operated without a valid forest pr…

38-1307. Notice of violation — Cease and repair order — Stop work order — Enforcement procedures — Remedies of the operator. (1) When the department determines that an operator violated any provision of this chapter or rule, it shall issue a notice of violation. The notice shall …

38-1309. Duty of purchaser. The initial purchaser of forest tree species which have been harvested from forest lands shall before making such purchase or contract to purchase, or accepting delivery of the same, must receive and keep on file a copy of the notice required by sectio…

38-1310. Misdemeanor violations — Fines — Exemption. (1) A violation of: subsections (1) through (4) of section 38-1306 or section 38-1312, Idaho Code, an order issued under subsection (2) of section 38-1307, Idaho Code, a rule adopted under section 38-1304, Idaho Code, or a mate…

38-1311. Enforcement of act. The director may delegate to any person within the department the powers and duties of peace officers to enforce this act.

38-1312. Conversion of forest land. (1) This act does not prevent the conversion of forest land to any other use. However, conversions shall require the filing of a notification as required in section 38-1306, Idaho Code, as well as compliance with the provisions of this chapter …

38-1313. Forest practices rehabilitation account. There is hereby created in the dedicated fund in the state treasury a forest practices rehabilitation account, which shall be used by the department to rehabilitate forest lands damaged by a forest practice that is not repaired fo…