Nevada Administrative Code

NAC 527.500 Forms. (NRS 527.050, 527.100) 1. The State Forester will use the following forms in administering the laws which provide for the protection of cacti and yucca: (a) Form A — Desert Flora Harvest Registration Form – Instructions and Definitions. (b) Form B — Desert Flor…

NAC 527.550 Petition to adopt, amend or repeal regulation: Contents; notification of decision of State Forester. (NRS 233B.100) 1. Any interested person may request that the State Forester adopt, amend or repeal a regulation by submitting a written petition to the Division on a f…

NAC 527.560 Petition for declaratory order or advisory opinion regarding statute, regulation or decision; notification of action taken by State Forester regarding petition; declaratory relief of NRS 233B.110. (NRS 233B.120) 1. Any interested person who alleges that a statute, reg…

NAC 527.570 Petition to nominate species of native flora for inclusion on list of fully protected species of native flora: Contents; notification of decision of State Forester. (NRS 527.050, 527.270) 1. Any interested person may submit to the State Forester a petition to nominate…

NAC 528.010 Logging, forest product operations: Regulations. Every timber owner or operator conducting logging or forest product operations within Nevada shall conform to NAC 528.010 to 528.100, inclusive. [Div. of Forestry, part Art. A, eff. 1-1-63]

NAC 528.020 Registration. 1. Registration with the State Forester Firewarden at least 10 days prior to operations is required of any person who intends to remove for commercial purposes any forest product from state or private lands in Nevada. No work may commence until registrat…

NAC 528.030 Fire prevention. 1. Operations in the woods may not proceed until: (a) All tractors and other power equipment which may give off sparks and which is used in woods operations is equipped with an effective modern spark arrester of a type meeting the approval of the Stat…

NAC 528.040 Forest insect pests and disease. 1. Every timber owner or operator conducting a logging or cutting operation shall provide reasonable protection against forest insect pests and disease. This must include logging and slash disposal operations that will discourage the b…

NAC 528.050 Cutting practices, prohibitions. 1. No Christmas trees may be cut within 100 feet of any public road or highway on any state, county or privately owned lands, unless written permission is obtained from the State Forester Firewarden or his or her authorized agent. 2. R…

NAC 528.060 Skid trails, roads. 1. Skid trails and landings must be limited in number and size consistent with economical logging. Skidding must be conducted to prevent unnecessary damage to reserve trees, seed trees and reproduction. 2. All skid trails on slopes exceeding 10 per…

NAC 528.070 Explosives. All blasting in forest or high fire hazard areas may be done only after issuance of a valid permit as required in paragraph (b) of subsection 1 of NRS 528.080. Such blasting must be done in a manner to prevent fires of any nature. Detonation must be by ele…

NAC 528.080 Sawmills. No sawmill may be established or operated in a forested area or adjacent to a forested area unless the landowner or operator employs the following fire prevention practices: 1. Installs a safe sawdust burner in an area which is cleared of vegetation for 300 …

NAC 528.090 Power saws. 1. Except as provided in paragraph (b) of subsection 1 of NAC 528.030, each power saw used for any purpose relating to harvesting or removing forest products within a forest or hazard area must be equipped with a serviceable shovel size 0 or larger which m…

NAC 528.100 Logging debris. No logging debris or excess construction material may be deposited in stream beds or within 200 feet of any lake or stream. [Div. of Forestry, eff. 7-11-69; A 9-7-69]

NAC 528.110 Sale of plant materials to private landowners. The criteria for eligibility for distribution of plant materials to private landowners in Nevada are: 1. The land on which the plants are to be planted must consist of a parcel containing 1 acre or more, or 2 or more cont…

NAC 532.010 Definitions. (NRS 532.120) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 532.020 to 532.160, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.020 “Alternative penalty” defined. (NRS 532.120) “Alternative penalty” means a settlement proposal submitted by a respondent that, if approved by the Division, ends an enforcement action upon satisfaction of the penalty proposed. (Added to NAC by St. Engineer by R024-08, …

NAC 532.030 “Division” defined. (NRS 532.120) “Division” means the Division of Water Resources of the State Department of Conservation and Natural Resources. (Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.040 “Economic benefit” defined. (NRS 532.120) “Economic benefit” means any benefit actually or potentially realized or a cost avoided by a person because of a violation. (Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.050 “Enforcement action” defined. (NRS 532.120) “Enforcement action” means a finding of alleged violation, a violation order or injunctive relief, or any combination thereof. (Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.060 “Enforcement cost” defined. (NRS 532.120) “Enforcement cost” means an amount of money imposed by the State Engineer pursuant to NRS 533.481, 534.193, 535.200 or 536.200 for any costs of a proceeding, including investigative costs and attorney’s fees, incurred by the D…

NAC 532.070 “Finding of alleged violation” defined. (NRS 532.120) “Finding of alleged violation” means a notice of an alleged violation sent by the Division to a person which cites the requirement allegedly violated by the person. (Added to NAC by St. Engineer by R024-08, eff. 9-…

NAC 532.080 “Hearing to show cause” defined. (NRS 532.120) “Hearing to show cause” means a hearing between a respondent and the Division to determine the manner in which the respondent acted upon a finding of alleged violation or a violation order issued by the Division to the re…

NAC 532.090 “Independent advisory committee” defined. (NRS 532.120) “Independent advisory committee” means a committee that: 1. Consists entirely of members appointed by the Director of the State Department of Conservation and Natural Resources who have knowledge of and experienc…

NAC 532.100 “Penalty” defined. (NRS 532.120) “Penalty” means an administrative fine imposed by the State Engineer in response to a violation pursuant to NRS 533.481, 534.193, 535.200 or 536.200, as appropriate, which may include a requirement to reimburse enforcement costs pursua…

NAC 532.110 “Person” defined. (NRS 532.120) “Person” has the meaning ascribed to it in NRS 533.010 and 534.014. (Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.120 “Requirement” defined. (NRS 532.120) “Requirement” means: 1. Any provision of chapter 533, 534, 535 or 536 of NRS; 2. Any provision of a permit, certificate, order or decision issued or regulation adopted by the State Engineer; or 3. Any provision for the development …

NAC 532.130 “Respondent” defined. (NRS 532.120) “Respondent” means any person to whom the Division issues a notice of an enforcement action. (Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.140 “State Engineer” defined. (NRS 532.120) “State Engineer” has the meaning ascribed to it in NRS 533.015. (Added to NAC by St. Engineer by R024-08, eff. 9-18-2008)

NAC 532.150 “Violation” defined. (NRS 532.120) “Violation” means any act or failure to act which violates a requirement. The term includes, without limitation: 1. Engaging in any activity that is prohibited by or not in compliance with a requirement; 2. Engaging in any activity w…

NAC 532.160 “Violation order” defined. (NRS 532.120) “Violation order” means a decision issued by the State Engineer in conjunction with a finding of alleged violation which sets forth the required actions and periods of time for the respondent to correct a violation specified in…

NAC 532.180 Computation of time; extension of time; date on which information that is hand-delivered or mailed is deemed filed; electronic transmission of information not accepted without prior written approval. (NRS 532.120, 533.481, 534.193, 535.200, 536.200) 1. In computing an…

NAC 532.200 Violations: Issuance of warning letter; commencement of enforcement action; injunctive relief. (NRS 532.120, 533.481, 534.193, 535.200, 536.200) If a person under the jurisdiction of the Division, including an owner of a well constructed for the development and use of…

NAC 532.210 Additional penalties: Administrative fines; enforcement costs and cost of compliance inspections; calculation. (NRS 532.120, 533.481, 534.193, 535.200, 536.200) 1. The State Engineer may assess a penalty not to exceed $10,000 per day for each violation, not including …

NAC 532.220 Additional penalties: Order to replace water. (NRS 532.120, 533.481, 534.193, 535.200, 536.200) 1. In addition to any penalty assessed pursuant to NAC 532.210, the State Engineer may, pursuant to NRS 533.481 or 534.193, order the respondent against whom the penalty is…

NAC 532.230 Hearings to show cause: Appearance of parties; procedure. (NRS 532.120, 533.481, 534.193, 535.200, 536.200) 1. The parties may appear in person at a hearing to show cause and may be represented by counsel. All testimony must be given under oath and recorded. 2. The Di…

NAC 532.240 Hearings to show cause: Conduct of persons; maintenance of order. (NRS 532.120, 533.481, 534.193, 535.200, 536.200) 1. A person who appears at a hearing to show cause shall conform to the recognized standards of ethical and courteous conduct as determined by the Divis…

NAC 532.250 Hearing before independent advisory committee: Request; extension of time; notice; final decision. (NRS 532.120, 533.481, 534.193, 535.200, 536.200) 1. A respondent may request, in writing, a hearing before an independent advisory committee within 30 days after the da…

NAC 532.260 Proposal of alternative penalties by respondent. (NRS 532.120, 533.481, 534.193, 535.200, 536.200) At any time after a violation is committed, the respondent may propose an alternative penalty for the violation. If it is accepted by the State Engineer, the matter may …

NAC 532.270 Appeals. (NRS 532.120, 533.481, 534.193, 535.200, 536.200) Pursuant to NRS 533.481, 534.193, 535.200 or 536.200, as appropriate, the respondent may appeal any order or decision of the State Engineer to a district court. (Added to NAC by St. Engineer by R024-08, eff. 9…

NAC 533.010 Scope; construction; deviation from requirements. (NRS 532.120, 533.365) 1. The provisions of this chapter: (a) Govern the practice and procedure of hearings before the State Engineer on protests against applications to appropriate water or to change the place of dive…

NAC 533.020 Definitions. (NRS 532.120, 533.380) As used in NAC 533.010 to 533.380, inclusive, unless the context otherwise requires, the words and terms defined in NAC 533.030 to 533.090, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by St. Engine…

NAC 533.030 “Applicant” defined. “Applicant” means a person seeking to appropriate water or to change the place of diversion, manner of use or place of use of an existing water right by filing an appropriate application with the State Engineer. (Added to NAC by St. Engineer, eff.…

NAC 533.050 “Party” defined. “Party” means an applicant or protestant. (Added to NAC by St. Engineer, eff. 2-8-95)

NAC 533.060 “Person presenting public comment” defined. (NRS 532.120, 533.365) “Person presenting public comment” means a person attending the hearing and expressing: 1. General support or opposition regarding a particular project proposal, application, protest to an application …

NAC 533.070 “Protest hearing” defined. “Protest hearing” means a hearing before the State Engineer on a protest against an application to appropriate water or to change the place of diversion, manner of use or place of use of an existing water right. (Added to NAC by St. Engineer…

NAC 533.080 “Protestant” defined. (NRS 532.120, 533.365, 533.370) “Protestant” means a person filing a protest pursuant to NRS 533.365 with the Office of the State Engineer against an application to appropriate water or to change the place of diversion, manner of use or place of …