Title 38 — FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS

38-1203. Idaho board of scaling practices — Members — Terms. (1) A board to be known as the "Idaho board of scaling practices" is hereby created in the department of lands. It shall consist of the director of the department of lands and six (6) members appointed by the governor f…

38-1204. Qualifications. Appointive members of the board shall be citizens of the United States and residents of this state, and they shall have been regularly engaged in the timber products industry for at least five (5) years, and at least two (2) of whom shall have had experie…

38-1205. Compensation. Each member of the board shall be compensated as provided in section 59-509(m), Idaho Code.

38-1206. Removal — Vacancies. The governor may remove any member of the board for misconduct, incompetency, neglect of duty, or for any other sufficient cause. Vacancies in the membership of the board shall be filled for the unexpired term by appointment by the governor as provid…

38-1207. Meetings — Officers — Quorum. The board shall hold a meeting within thirty (30) days after its members are first appointed and thereafter shall hold at least two (2) regular meetings each year. The rules may provide for such additional regular meetings and for special me…

38-1208. Adoption of rules and seal — Maintenance of office — Hearings — Penalties for contempt. The board shall have the power to adopt and amend rules and regulations as provided in chapter 52, title 67, Idaho Code, and such rules and regulations, not inconsistent with the cons…

38-1209. Levy of assessment — Budget — Hearing — Funds — Bond of secretary — Salary. (a) The board is hereby authorized and directed to levy an assessment on the scale of all forest products harvested within the state of Idaho in an amount not to exceed twenty cents (20¢) per tho…

38-1210. Record of proceedings — Register of applications for registration — Annual report to governor. The board shall keep a record of its proceedings and a register of all applications for registration, which register shall show (a) the name, age and residency of each applican…

38-1211. Roster of licensed scalers. A roster showing the names and places of business of all licensed scalers shall be published by the secretary of the board during the month of December of each year. Copies of this roster shall be mailed to each person so registered, and furni…

38-1212. Applicants eligible for license. Except as herein otherwise expressly provided, no license shall be issued until an applicant has successfully passed an examination given by or under the supervision of the board, nor shall a license be issued to an applicant having habit…

38-1213. Application forms — Fee. Applications for registration shall be on forms prescribed and furnished by the board. The application shall be made under oath, and shall show the applicant’s education, experience and a detailed summary of his technical work; and the applicant …

38-1214. Examinations — Certificate of registration. Examinations shall be held at such times and places as the board shall determine. Examinations shall be required on fundamental scaling subjects. The scope of the examination shall be prescribed by the board with special emphas…

38-1215. Checkscalers — Appointment — Checkscaling criteria — Report — Bond. The director of the department of lands shall, with approval of the board, appoint such qualified licensed scalers as checkscalers as may be needed to perform checkscaling within the state. Checkscalers …

38-1216. Apprenticeship certificates — Temporary permits. The board shall establish and prescribe the criteria and basis for issuing apprenticeship certificates and for issuing temporary permits; provided, however, that an apprentice shall be authorized to scale only under the di…

38-1217. Expiration of certificate of registration — Renewal — Fees. Certificates of registration shall expire two (2) years from the last day of June following their issuance or renewal and shall become invalid on that date unless renewed. As a condition of renewal, a person sha…

38-1218. Revocation or suspension of certificate. The board shall have power to (1) revoke the certificate of registration or, (2) suspend the certificate of registration, for a period of time not exceeding two (2) years, of any registrant who is found guilty of: (a) The practice…

38-1219. Reissuance or reinstatement. The board, for reasons it may deem sufficient, may reissue or reinstate a certificate of registration to any person whose certificate has been revoked or suspended, provided three (3) or more members of the board vote in favor of such reissua…

38-1220. Scaling methods used. (a) The method of scaling the various forest products for commercial purposes shall be in accordance with the board’s administrative rules. (b) For the purpose of payment for logging or hauling logged forest products only, forest products shall be m…

38-1220A. Inspection — Investigation — Violations — Enforcement — Penalty. (a) The chairman of the Idaho board of scaling practices shall cause investigations to be made upon the request of the board or upon receipt of information concerning an alleged violation of this chapter o…

38-1221. Commencement of civil enforcement actions — Criminal actions and penalties authorized — Duties of attorney general and prosecuting attorneys. (a) Upon request of the board or the chairman, it shall be the duty of the attorney general to institute and prosecute civil enfo…

38-1222. Appeal from checkscale to board — Appeal from board to court. Any scaler, seller, user, producer, buyer, or hauler of forest products aggrieved by any checkscaling report may appeal the report to the board. The board shall hear and determine such appeal as a contested ca…

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…

38-1401. Legislative findings and intent. The legislature finds that forest practices conducted on forest land in urbanizing areas are often subjected to nuisance lawsuits, and that such suits encourage and even force the premature removal of the lands from forest uses and in som…

38-1402. Definitions. As used in this chapter: (1) "Forest land" means state and private land growing forest tree species which are, or could be at maturity, capable of furnishing raw material used in the manufacture of lumber or other forest products. The term includes state and…

38-1403. Forest practices not a nuisance — Exception. No forest practices conducted on forest land or an appurtenance to it shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonforest activities after the same has been in oper…

38-1404. Local ordinances — Prior actions. Any and all ordinances of any unit of local government now in effect or hereafter adopted that would make the operation of any forest practice conducted on forest land or an appurtenance to it a nuisance in the circumstances set forth in…

38-1501. Declaration of policy. It is in the interest of all the people of Idaho that the abundant forest resources of the state be protected, and properly managed to produce multiple resources and values along with sustained yields of timber to support the economic welfare of th…

38-1502. Definitions. As used in this chapter: (1) "Assessment year" means January 1 through December 31 of any calendar year in which the commission levies an assessment. (2) "Base year" means the calendar year immediately preceding the assessment year. (3) "Business entity" mea…

38-1503. Forest products commission created — Members. (1) There is hereby created and established in the department of self-governing agencies the Idaho forest products commission, to be composed of five (5) voting members appointed by the governor from a list of names with at l…

38-1504. Qualifications of the member and composition of the commission. (1) Each member of the commission shall be nominated and appointed because of their knowledge of forest management, the forest products industry, or because they possess communications skills which would enh…

38-1505. Compensation of members. Members of the commission shall be compensated as provided in section 59-509(b), Idaho Code.

38-1506. Chairman and staff of the commission. The commission shall elect a chairman and may employ clerical or other staff who are not members of the commission.

38-1507. Meetings of the commission. The commission shall meet not less than four (4) times each year and at such other times as may be determined by either the chairman or a majority of the commission members. Any meeting may be held at any location within the state, and at any …

38-1508. Duties and powers of the commission. (1) Consistent with the general purposes of this chapter, the commission shall establish the policies to be followed in the accomplishments of such purposes. (2) In the administration of the provisions of this chapter, the commission …

38-1509. Limitations to the powers of the commission. Irrespective of such actions as may be taken by individual members of the commission, the commission itself shall not use any funds or other resources of the commission to influence the outcome of any election for public offic…

38-1510. Commission accepting grants, donations and gifts. The commission may accept grants, donations and gifts of funds from any source for expenditure for any purpose consistent with this chapter which may be specified as a condition of any grant, donation or gift. All funds r…

38-1511. Bonds of agents and employees. Any agent or employee appointed by the commission shall be bonded to the state of Idaho in the time, form, and manner as prescribed in chapter 8, title 59, Idaho Code. The cost of the bond is an administrative expense under this chapter.