New Mexico Administrative Code

This Part applies to all persons, associations, corporations, units of government and other legal entities, on non-federal and non-municipal lands within the state.

This part is adopted pursuant to the authority granted to the energy, minerals and natural resources department (department) in Section 9-1-5 NMSA 1978 and the forestry division (division) pursuant to Section 68-2-16 and other Sections of the Forest Conservation Act, Section 68-2…

Permanent unless a later date is cited at the end of a section or paragraph.

December 31, 1996 [unless a later date is cited at the end of a section.]

Whenever warranted by climatic conditions, drought, fire danger, fire frequency, fire behavior or other factors affecting danger of forest fire, the division will initiate actions to prevent forest fires by notifying the public of the fire danger and imposing restrictions governi…

A. "Areas" means geographic locations in New Mexico where similarities in weather, topography and vegetation exist. B. "Campfire" means a fire started for cooking, warmth or light outside of a structure. C. "Closure" means a limitation to access to a given area as well as limitin…

Whenever warranted by climatic conditions, drought, fire danger, fire frequency, fire behavior or other factors affecting danger of forest fire, the state forester may order restrictions or closures which place limitations on the use of fire or order the immediate extinguishment …

Implementation of restrictions or closures will be coordinated between fire management agencies within areas of the state where fire restrictions become necessary to protect public safety, life, property and natural resources from forest fires. The division will provide notice to…

Energy, Minerals and Natural Resources Department, Forestry Division.

An applicant or permittee may request to use an alternate practice in place of a specific requirement in the forest harvest practices standards, 19.20.4.9 NMAC, so long as equivalent or better protection regarding fire, insect and disease control and erosion control measures is p…

The division may temporarily close roads built for harvest activities, close streamside management areas or suspend harvesting when adverse weather conditions exist such as flooding, heavy rain or snowmelt.

A. NOTICE OF DEFICIENT CONDITION: The division may issue a notice of deficient condition for violation of the act, 19.20.4 NMAC or a harvest permit. The division may issue a notice of deficient condition for violations that harm the forest or forest resources and will require the…

A. DENIAL OF PERMITS, REQUEST TO USE ALTERNATE PRACTICES OR PERMIT REVISIONS: (1) To request review of the denial of a harvest permit application, use of alternate practices or a harvest permit revision, an applicant or permittee shall submit a written request for review, which i…

Whenever the state forester declares restrictions on use of lands or use of fire within an area permitted under 19.20.4 NMAC, the restrictions shall apply to harvesting. If these restrictions require that harvesting stop, it shall not be considered a cessation of harvesting pursu…

A. Following the procedures in 19.20.4.12 NMAC does not limit the division in its ability or authority to issue citations or otherwise enforce the possible criminal penalties for violating the act, 19.20.4 NMAC or a harvest permit. B. Violation of the act, 19.20.4 NMAC or a harve…

This part applies to persons, partnerships, associations, corporations, and other entities engaged in harvests of commercial forest species on non-municipal or non-federal lands after the effective date except for those harvests permitted in accordance with 19.20.2 NMAC.

This part is adopted pursuant to the authority granted the Energy, Minerals and Natural Resources Department in NMSA 1978, Section 9-1-5 and in the Forest Conservation Act, NMSA 1978, Sections 68-2-1 to 68-2-25.

Permanent.

January 1, 2002, unless a later date is cited at the end of a section.

19.20.4 NMAC's objective is to require appropriate harvesting practices of commercial forest species be conducted in a manner that supports forest practices that assist in forest fire prevention and suppression and the control of forest pests, and maintain and enhance forest heal…

A. "Act" means the Forest Conservation Act, NMSA 1978, Sections 68-2-1 to 68-2-25. B. "Alternate practice" means a forest practice standard used in place of a specific requirement in the forest harvest practices standards, 19.20.4.9 NMAC. The applicant may request to use an alter…

A. ACTIVITIES REQUIRING HARVEST PERMITS: An owner shall obtain a harvest permit before harvest activities, except those listed in Subsection B of 19.20.4.8 NMAC, are conducted in the following circumstances: (1) harvests in an area of 25 acres or more of forest, or a combination …

A. APPLICABILITY: The forest harvest practices standards apply to harvests of commercial forest species, regardless of the acreage, except for activities listed in Subsection B of 19.20.4.8 NMAC that do not specifically require compliance with 19.20.4.9 NMAC. B. MULTIPLE CUTTING …

Energy, Minerals and Natural Resources Department, Forestry Division.

A. Individuals shall successfully complete the following requirements before applying for broadcast burn manager certification, unless receiving waivers or reciprocity pursuant Subsections B or C of 19.20.5.10 NMAC. (1) Individuals, including those who have completed the training…

A. Training modules approved by the division shall be provided by New Mexico state university, cooperative extension service to address at a minimum the first nine elements: (1) legal requirements; (2) safety; (3) weather; (4) fire behavior; (5) smoke management; (6) prescribed b…

A. The division shall develop application forms for certification, which shall include the applicant's name, address, phone number, e-mail address, prescribed burning experience and training and the certification for which the individual is applying, and to document completion of…

A. The division shall establish a committee to review applications for prescribed burn manager certification and provide oversight of the development and updating of training modules, refresher courses and recertification and cross-walk the training modules with other training an…

19.20.5 NMAC applies to applicants for prescribed burn manager certification and individuals who are certified as prescribed burn managers pursuant to the Prescribed Burning Act, Sections 68-5-1 to 68-5-8 NMSA 1978.

19.20.5 NMAC is adopted pursuant to the Prescribed Burning Act, Section 68-5-7 NMSA 1978 and Subsection E of Section 9-1-5 NMSA 1978.

Permanent.

June 13, 2023, unless a later date is cited at the end of a section.

To create a prescribed burn manager certification program for private lands in New Mexico.

For additional definitions refer to Section 68-5-2 NMSA 1978. A. "Act" means the Prescribed Burning Act, Sections 68-5-1 to 68-5-8 NMSA 1978. B. "Broadcast burning" means an activity where fire is applied generally to most or all of an area with well-defined boundaries. C. "Broad…

The two levels of certification for prescribed burn managers from lowest to highest shall be: A. certified pile burn manager; and B. certified broadcast burn manager.

A. Individuals shall successfully complete the following requirements before applying for pile burn manager certification, unless receiving waivers or reciprocity pursuant to Subsections B or C of 19.20.5.9 NMAC. Individuals shall successfully complete the requirement in Paragrap…

Energy, Minerals and Natural Resources Department, Forestry Division.

The taking of endangered plants, other than pursuant to a permit issued by the state forester, is prohibited.

The state forester may issue, issue with conditions or deny requests for an incidental take permit to allow a permittee to take endangered plants so long as taking is incidental to and not the purpose of carrying out an otherwise lawful activity. Such requests shall be subject to…

A. The state forester may also issue permits to take specimens for the purpose of conducting scientific studies that enhance understanding of the distribution of an endangered plant species, or will generate new knowledge in the genetic, anatomical, chemical, morphological, life …

A. When a permittee takes specimens pursuant to a scientific study permit, the permittee shall deposit at least one voucher specimen at either the university of New Mexico herbarium or New Mexico state university herbarium. When possible, the permittee shall take specimens in suc…

A. The state forester may issue a permit to take endangered plant voucher specimens during botanical inventories and environmental surveys for the purposes of species verification and documentation of population sites. B. Taking specimens for the sole purpose of exchange with oth…

The state forester shall only issue a permit if the application meets the applicable requirements in 19.21.2.11, 19.21.2.12, 19.21.2.13 or 19.21.2.14 NMAC for approval of an incidental take permit, scientific study, propagation or collection of voucher specimen permit. The state …

A permittee shall submit a written application to the state forester to request an amendment to a permit. The application shall describe the amendment requested and explain why the amendment is needed.

A. The state forester may revoke a permit for actions or events including taking of endangered plants outside the scope of the permit's provisions or without a permit, failure to comply with the permit, discovery that any of the reasons that would have resulted in the state fores…

The permit term shall be for the scope of the activity or five years, whichever is less. If the activity is not completed within five years, the permittee shall apply for a new permit. The scope of the activity does not include subsequent maintenance, repair or replacement, which…

A. Pursuant to Section 75-6-1 NMSA 1978, violation of 19.21.2 NMAC is a misdemeanor punishable by a fine of not less than $300, nor more than $1,000 or imprisonment for a term of not more than 120 days or both. Each individual endangered plant taken without a valid permit issued …