Title 38 — FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS

38-410. Certificate of clearance. Any owner or operator who has entered into a contract with the director of the department of state lands for the management and reduction of any fire hazard for the protection of forest resources and upon payment of the contract price in accordan…

38-411. Separability. The provisions of this chapter are hereby declared to be separable, and, if any part hereof is declared to be unconstitutional, such shall not affect the validity of the other portions of this chapter.

38-501. Statement of policy. In more heavily timbered areas of the state, on lands owned by the federal government, state of Idaho, the counties, individuals, and on land in transit to counties through tax delinquency, devastating forest fires annually denude considerable areas o…

38-502. State to control erosion by seeding of grasses. It shall be the duty of the state of Idaho through any legally constituted bureau, division or department thereof having control of any burned over lands, to control erosion thereon, to provide feed and cover for wild life a…

38-503. Federal aid. The state of Idaho is hereby authorized to cooperate with the federal government, or any established agency thereof, in any program for seeding burned over areas which shall be deemed advisable, and any bureau, division or department of the state, and also an…

38-504. County boards to cooperate with other agencies. It shall be the duty of the various boards of county commissioners of counties to direct seeding of burned over areas and to prescribe methods by which such seeding shall be done. In doing so such boards are hereby authorize…

38-505. Creation of burn seeding areas. The boards of county commissioners of the various counties are hereby authorized to create areas that may hereafter be burned over within their respective counties, into "Burn Seeding Areas", and such boards may purchase, or authorize the p…

38-506. Abatement of costs as tax. Whenever the county board has, pursuant to the provisions contained in sections 38-501—38-511, seeded any area, such board shall prorate the costs and assess the same against the land so seeded. Any state agencies, departments or bureaus having …

38-507. County burn seeding supervisor — Appointment — Duties — Compensation and expenses. The boards of county commissioners are hereby authorized to appoint or hire a county burn seeding supervisor whose duties shall be as follows: (1) To advise the board of county commissioner…

38-508. Burn seeding fund — Deficiency warrants. It shall be the duty of the board of county commissioners of any county in which a burn seeding program is undertaken to establish a fund to be known as the "Burn Seeding Fund" which shall be created out of the county current expen…

38-509. Repayment to the fund — Tax levy — Assessments and payments for seed or services. Repayments to this fund may be made from the proceeds of a tax levy which may be made by the board of county commissioners which shall not exceed two hundredths percent (.02%) of the market …

38-510. Disbursements. Disbursements from this fund shall be made on order of county commissioners for the purpose of purchasing seed and for services rendered in seeding such burned areas, and any other incidental charges that may be necessary for the operation of sections 38-50…

38-511. County commissioners may pay part of cost of seeding. The board of county commissioners may at its option pay not to exceed one-half (1/2) of the cost of seeding land not owned by the county and may pay the entire cost of seeding county-owned land. The commissioners shall…

38-601. Statement of policy. It is hereby declared to be the public policy of the state of Idaho in order to protect and preserve forest resources from the ravages of the Tussock moth, pine beetle and other destructive forests insects, pests and disease, to protect the watersheds…

38-602. Determination of infested areas — Power of director of the department of lands — Cooperation with federal and other agencies. Whenever the director of the department of lands determines that there exists the threat of an infestation of Tussock moth, pine beetle, or other …

38-603. Director to adopt plans, programs and rules for the regulation, management and control of forest pests. The director of the department of lands shall develop plans, programs and rules for the regulation, management and control of forest insects, diseases, or other pests. …

38-604. Funding for insect and disease program. The insect and disease program as described in chapter 6, title 38, Idaho Code, shall be incorporated into the forest protection program and shall be funded by moneys from the general account. Funding for special pest control projec…

38-605. Project cost for state-owned lands. The state’s share of the costs for special pest control projects for state-owned lands within the project area as described in section 38-602, Idaho code, shall be funded by moneys in the forest pest account, and moneys from the state g…

38-606. Forest pest account. There is hereby created in the dedicated fund of the state treasury a forest pest account into which shall be paid all moneys collected or received under any and all provisions of this chapter.

38-607. Approval of use of the forest pest account. All special pest control projects and expenditure of funds in the forest pest account shall be approved by the state board of land commissioners.

38-608. State not liable for damages. The state of Idaho or the director of the department of lands or his agent shall not be liable for any damage to bees, livestock, or other property or resource injured in the process of treating the infested area under the provisions of secti…

38-701. Experiment station created. There hereby is created and established in the State University of Idaho, School of Forestry, an experiment station to be known as the Forest, Wildlife and Range Experiment Station of the state of Idaho.

38-702. Director — Control — Assistants and employees. The dean of the School of Forestry of the University of Idaho shall be the director of the forest, wildlife and range experiment station of the state of Idaho. The said experiment station shall be under the control of the sta…

38-703. Duties of experiment station. It shall be the duty of the forest, wildlife and range experiment station of the state of Idaho to institute and conduct investigations and research into the forestry, wildlife and range problems of the forest lands of the state; to conduct c…

38-704. Field experiment substations — Acceptance of land or other donations. The forest, wildlife and range experiment station of the state of Idaho is authorized to establish such field experiment substations as in the judgment of the state board of regents may be necessary. Th…

38-705. Reports to state board of regents. The state board of regents may require from said experiment station, such regular and special reports to be prepared and submitted as it deems necessary.

38-706. Forest and timber growing problems — Investigation and research. Within the state of Idaho, the forest, wildlife and range experiment station is authorized to investigate and conduct research into the various problems incident to the production of timber either by natural…

38-707. Timber products — Marketing problems — Investigation and research. Investigation of and research into the problems connected with the conversion of forests into marketable products and the utilization of wood material to the highest economic advantage together with the re…

38-708. Seeds and nursery stock for special plantings — Investigation and experimentation. The forest, wildlife and range experiment station is authorized to investigate possibilities and experiment with seeds, nursery stock and otherwise, independently and through cooperation wi…

38-709. Game and other wildlife — Investigation and research. It shall be within the purpose of the forest, wildlife and range experiment station to investigate and conduct research into the propagation, protection, taking and productive management of game, fish, fur animals, bir…

38-710. Forage and range resources upon wild and forest lands — Investigation and research. For the direct purpose of aiding in the management and perpetuation of forage resources so that such resources shall be of the highest use to the state in its support of agriculture, inclu…

38-711. Recommendations to administrative agencies — Publishing of information. It shall be the duty of and within the purpose of the forest, wildlife and range experiment station to make recommendations based upon studies and determinations, to the appropriate administrative age…

38-712. Information, correspondence and data — Duty to guard. It shall be the duty of all officers and employees of the forest, wildlife and range experiment station, appointed or assigned, to guard carefully all confidential information accumulated in the progress of their work …

38-713. Separability. If any provision of sections 38-701—38-713 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or appl…

38-714. Creation of forest policy analysis group — Powers and duties. (1) There is hereby created within the Idaho forest, wildlife and range experiment station a "forest, range and wildlife policy analysis group." The forest, range and wildlife policy analysis group shall be und…

38-715. Rangeland center created — director — duties — control by state board of regents — powers and duties of rangeland center — partner advisory council. (1) There is hereby created and established in the university of Idaho, a rangeland center, for the purpose of creating a n…

38-716. rangeland center act. This act shall be known and may be cited as the "Rangeland Center Act."

38-801. Definition of timber. The word "timber" is used in this chapter to designate all logs, boards, planks, lumber, railroad ties, poles, rails, posts, cordwood or beams, and whether in rafts or otherwise, but does not include the sort of wood commonly called driftwood.

38-802. Reclamation by owner. Whenever any timber drifts upon any island in any of the waters of this state, or upon the bank of any such waters, the owner of the timber may remove it on paying or tendering to the owner or occupant of the land the amount of damages which he has s…

38-803. Sale by sheriff. If the owner of such timber does not, within three months from the time it was so drifted, take the same away, the owner or occupant of the land must deliver a bill of his charges and appraisement of damages, together with the timber, to the sheriff of th…

38-804. Application of proceeds. When sold, the proceeds of the timber must be applied, first, to the payment of the charges of the sale, and in liquidation of the expenses and damages awarded to the person entitled thereto; and the residue must be paid to the county treasurer, t…

38-805. Rejection of claimant’s right — Disposition of proceeds. The rejection by the magistrate judge of any claimant’s right to such proceeds is conclusive, unless, within six (6) months thereafter, he commences action therefor. In case no claim is made or sustained to such pro…

38-806. Dams and booms — Limitation on construction. No dam or boom must be hereafter constructed or permitted on any creek or river, unless said dam or boom has connected therewith a sluiceway, lock or fixture sufficient and so arranged as to permit timber to pass around, throug…

38-807. Booms and weirs as nuisances — Abatement — Liability of owner. Any boom or weir in or over any creek or river so constructed as to prevent the passage of logs or lumber, is a public nuisance, which may be abated unless a suitable sluiceway, lock or passage be made thereon…

38-808. Recording log brands — Penalty. (1) Definitions: (a) "Person" includes the plural and all corporations, foreign and domestic, copartnerships, firms and associations of persons. (b) "Forest products." For the purposes of this section only, "forest products" means all produ…

38-809. Prize logs — Sale at public auction. All logs or timbers suitable for manufacture into lumber, ties, poles, or other timber products, not bearing a legally recorded mark or marks, which shall be placed aboard a transport vehicle for land transportation or placed afloat on…

38-1101. Sale of lumber or lumber products produced outside of the state of Idaho. It shall be unlawful for any individual or corporation to sell or offer for sale or dispose of, in any manner, any lumber or lumber products which have been imported into the state of Idaho from an…

38-1102. Penalty. Any person or persons violating any of the provisions of this act shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).

38-1201. Log scaling practitioners — License requirement. Every person practicing or offering to practice log scaling as herein defined, shall submit evidence of his qualifications and be licensed as hereinafter provided; and it shall be unlawful for any person to practice or off…

38-1202. Definitions. As used in this chapter, unless the context or subject matter requires otherwise: (1) Scaler and Professional Scaler. A person who is qualified by reason of his knowledge of the principles of scaling acquired by professional education and/or practical experi…