Title 38, FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS

38-101. Definitions. As used in this chapter, the following terms are defined as follows: (a) "Forest land" means any land which has upon it sufficient brush or flammable forest growth of any kind or size, living or dead, standing or down, including debris or growth following a f…

38-102. Duties of director of department of lands. It shall be the duty of the director of the department of lands to execute the provisions of this chapter, and the rules and regulations of the state board of land commissioners pertaining to forest and watershed protection; to r…

38-103. Assistants. The director of the department of lands is authorized to employ such clerical, administrative and professional staff and such other help and assistants and acquire such facilities and incur such expenses as the state board of land commissioners may determine t…

38-104. Cooperation with other agencies — Restrictions. (1) The director of the department of lands, in executing the provisions of this chapter, insofar as it relates to privately owned forest or range land, shall have authority to cooperate with federal, county, state, municipa…

38-104A. Nonprofit timber protective associations — Restrictions on liability. (1) "Nonprofit timber protective association" means a nonprofit corporation, or nonprofit unincorporated association, that has entered into a contract for the detection, prevention or suppression of fo…

38-104B. nonprofit rangeland fire protection associations. (1) "Nonprofit rangeland fire protection association" means a nonprofit corporation or nonprofit unincorporated association, that has entered into an agreement for the detection, prevention or suppression of forest and ra…

38-105. State forest and range lands — Application of chapters. The provisions of this chapter shall be applicable to the forest and range lands belonging to the state with the same force and effect as they apply to privately owned forest and range lands within the state; except …

38-106. Hearing of aggrieved landowner. Any owner or owners or the accredited representative of any owner or owners of forest lands subject to the provisions of this chapter, shall upon request, be granted a hearing before the board, or an appropriate executive committee thereof,…

38-107. Uncontrolled fires a nuisance — Abatement — Civil liability. (1) Any forest or range fire on any land within the state of Idaho, regardless of ownership status, that is burning out of control or without adequate and proper precautions having been taken to prevent its spre…

38-108. Protection by woodworking and wood product plants. Any saw mill, planing mill, shingle mill or other woodworking plant, or plant manufacturing wood products, operating in or near forest land, and burning refuse wood material outside of and/or adjacent to such mill or plan…

38-109. Penalty for violation — Injunction — Suspension of restrictions. Refusal or neglect to comply with the provisions of section 38-108, Idaho Code, shall be deemed a petty misdemeanor, and any person refusing or neglecting to comply therewith may be enjoined from further use…

38-110. Forest protective districts — Fire wardens. The director of the department of lands of the state of Idaho shall divide the state into districts to be known and designated as forest protective districts, having due regard in establishing the boundaries thereof, to the adeq…

38-111. Protection by owner — Assessments — Budget of protective districts. (1) Every owner of forest lands in the state shall furnish or provide therefor, throughout the closed season, protection against the starting, existence, or spread of fires thereon, or therefrom, in confo…

38-112. Charges a lien — Method of collection. Any amounts due under the preceding section and approved by the board for that purpose shall be a lien on the property protected, and shall be collected as follows: On or before the first Monday in July of each year, the association …

38-113. Purchaser of forest products responsible for protection — Liens. When the owner of forest land shall have sold timber and/or other forest products or potential forest products thereon to another, retaining the land, the owner of the timber and/or other forest products or …

38-114. State to pay pro rata for fire protection — Deficiency warrants. The state shall bear and pay into the forest protection fund its pro rata share of the assessments provided for in section 38-111, Idaho Code, for fire protection to state lands and expenses incurred, accrui…

38-115. Closed season for fires — Permits — Regulations — Extension of closed season — Suspension of permits — Penalty. The period from May 10 to October 20, inclusive, of each year shall be known as the closed season. During the closed season it shall be unlawful for any person …

38-116. Campfires — Acts prohibited — Penalty. (1) No person shall during the closed season: a. Set or cause to be set a campfire upon forest or range lands without clearing the ground immediately around such fire free from material which will carry fire. b. Set or cause to be se…

38-117. Throwing away lighted material — Penalty. It shall be unlawful during the closed season for any person to throw away any lighted tobacco, cigar, cigarette, match, firecracker, fireworks or other lighted material of any kind on any forest or range land of this state. Any p…

38-118. Duty of railroads — Penalties. During the closed season everyone operating a common carrier railroad shall keep all right of way, station grounds and other operating property in, contiguous or adjacent to forest or range lands clear and free from all combustible and flamm…

38-119. Notification of fires by railroad employees — Penalty. (1) During the closed season any employee of a railroad who, in the course of his employment, shall see a fire on or near the right of way, station grounds or other operating property of such railroad in, contiguous o…

38-120. Instruction to employees of railroads. It shall be the duty of every person operating a railroad through any forest protective district to keep employees fully instructed as to their duties relating to the reporting, control and prevention of forest or range fires as prov…

38-121. Operation of engines without adequate protection — Penalty — Injunction. During the closed season it shall be unlawful for any person to use or operate on or near to forest or range land any steam or internal combustion engine which is not equipped and maintained in confo…

38-122. Protection by logging outfits — Fire suppression account — Liability for fire suppression costs — Penalty. (1) Everyone engaged, or about to engage, in the cutting of any forest product or potential forest product upon lands within the state of Idaho shall provide for the…

38-123. Disposal of slash — Injunction against further cutting — Disposal at expense of owner — Lien and enforcement — Orders. In the event one responsible therefor shall fail, refuse or neglect to properly dispose of slash in accordance with the requirements of section 38-122, I…

38-124. Precautions in disposal of slash — Separate offenses — Penalty. Everyone making disposal of slash on forest land as provided for in this chapter shall use care to prevent fire from spreading to other forest land or the creation of further fire hazard by damage to timber g…

38-125. Clearing rights of way — Precaution in clearing — Application to public work — Penalty — Injunction. Everyone clearing right of way for any railroad, public or private highway or road, public trail, public utility, logging road, trail, ditch, dike, pipe line or wire line,…

38-126. Interference with protective agencies — Penalty. Any person who shall wilfully or maliciously do any act or thing tending to interfere with the efficient use and operation by any forest protective agency provided for by this chapter or operating under agreements with the …

38-127. Destruction of signs and warnings — Penalties. Any person who shall wilfully or maliciously destroy, deface, disfigure, or needlessly remove any sign, poster, warning or notice posted under the provisions of this chapter or by any forest protective agency cooperating with…

38-128. Duties of prosecuting attorneys and attorney general. At the discretion of the director of the department of lands, it shall be the duty of the attorney general or the prosecuting attorney of the county within which such action lies, to prepare, upon information furnished…

38-129. Forest protection fund — Custody, sources and appropriation — Disbursement. The state treasurer shall be custodian of a fund known as the "forest protection fund" into which shall be paid all owners’ assessments, penalties and costs recovered in actions authorized by this…

38-130. Disposition of fines. Notwithstanding the provisions of section 19-4705, Idaho Code, fines collected for violations of this chapter or any provisions thereof shall be apportioned as follows: ten per cent (10%) to the state treasurer for deposit in the state general fund, …

38-131. Deficiency warrants for excess costs of fire suppression. In event the actual cost for the control or suppression of forest fires in any forest protective district exceeds in any one (1) year the maximum moneys available for forest protection in that district from the for…

38-131A. Deficiency warrants for costs of fire suppression on state-owned range lands. The state board of land commissioners may authorize the issuance of deficiency warrants for the purpose of paying the costs of fire suppression on state-owned range lands whether or not said la…

38-131B. deficiency warrants for costs of fire suppression on federal lands. (1) It is the policy of the state of Idaho that any forest or range fire constituting a nuisance pursuant to section 38-107, Idaho Code, on any land within the state of Idaho be summarily abated as quick…

38-132. Regulations of the board — Penalty for violation. The state board of land commissioners may make such rules and regulations, not inconsistent with this chapter, as may be reasonable and necessary or appropriate for carrying out the provisions of this chapter and for effic…

38-133. Officers charged with enforcement. The director of the department of lands and his assistants, fire wardens, conservation officers and their deputies and all other peace officers of the state are hereby charged with the enforcement of the criminal provisions of this chapt…

38-134. Forest practices act administration — Funding. The director of the department of lands is charged in section 38-1305, Idaho Code, to administer and enforce the forest practices act on all private forest lands within the state. Funding for this activity shall come from an …

38-135. Forest practices administration account. There is hereby created in the dedicated fund of the state treasury a forest practices administration account into which shall be paid the assessment on private owners of forest lands as provided in section 38-134, Idaho Code.

38-136. Community forestry trust account. (1) There is hereby created within the dedicated fund of the state treasury the community forestry trust account. (2) The account shall consist of the following: (a) Donations, gifts, and grants from any source; (b) Any other moneys which…

38-137. GOOD NEIGHBOR AUTHORITY FUND. There is hereby created in the state treasury the good neighbor authority fund into which shall be paid the state proceeds, money received by the state, and federal moneys received by the state, as provided in section 38-1704, Idaho Code. Int…

38-401. Supervision by director of the department of lands. The director of the department of lands shall have the supervision, control and management of all fire hazards created by insects, disease, other natural causes, or by any person engaged in harvesting timber, ties, logs,…

38-402. Plans, programs and rules — Approval by state boards. The director of the department of lands is hereby authorized and empowered to adopt plans, programs and rules for the management and reduction of fire hazards for the protection of forest resources, any of which hazard…

38-403. Delegation of powers to state forest warden. The director of the department of lands is hereby authorized and empowered to delegate any power granted to the director under sections 38-401—38-410 to the state forest warden in any forest protective district.

38-404. Contracts with owners of forest lands. The director of the department of lands is hereby authorized and empowered to enter into agreements with the owners of any forest lands or any operator engaged in operations on lands within the state of Idaho whereby slash is created…

38-405. Methods of reducing hazards — Contracts with forest protective agencies. The management and reduction of such fire hazards for the protection of forest resources shall be carried on by the director of the department of lands and the state forest wardens in keeping with mo…

38-406. Forest lands belonging to state. The provisions of sections 38-401—38-410, Idaho Code, shall not apply to forest lands belonging to the state of Idaho. Provided, however, the state board of land commissioners may by order direct the director of the department of lands to …

38-407. Forest management account. The state treasurer shall be custodian of an account which is hereby created to be known as the "forest management account," into which shall be paid all funds accruing or received under any and all of the provisions of sections 38-401—38-410, I…

38-408. Moneys from contracts and appropriations — Expenditures and accounts. All moneys paid to the director of the department of lands, or the state forest wardens, under any contract whereby the director assumes the management and reduction of any fire hazard for the protectio…

38-409. Bond of director. The director of the department of lands shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code.