Chapter 68 — Chapter 68

That the protection of growing timber and young growth from fire hazard and the prevention of logging practices which will increase fire hazard and prevent the maintaining of favorable conditions of water flows are hereby declared to be a public policy of the state of New Mexico.…

ANNOTATIONS Recompilations. — Laws 1979, ch. 395, § 13, recompiled former 68-1-10 NMSA 1978 as present 68-2-22 NMSA 1978.

Employees or agents of governmental entities who authorize volunteer firefighters not certified according to national wildland firefighting standards to respond to wildland fires shall not be subject to criminal liability solely for allowing those volunteer firefighters to engage…

and seed trees; fire lines. Any person, firm, association or corporation cutting sawtimber species from lands within the state shall: A. take all reasonable precaution to prevent the starting of fires, and promptly suppress all fires that may be started on timberlands before, dur…

Sections 68-1-1 and 68-1-2 NMSA 1978 (being Laws 1939, Chapter 141, Sections 1 and 2, as amended) shall apply only to logging operations and timber cutting pursuant to contracts or agreements entered into prior to January 1, 1979. History: Laws 1979, ch. 395, § 12.

Any person, firm, association or corporation violating any of the provisions of Section 68-1-2 NMSA 1978 shall be required by the secretary of natural resources to pay a civil penalty in an amount not to exceed two hundred dollars ($200). The secretary of natural resources may ca…

ANNOTATIONS Repeals. — Laws 1979, ch. 395, § 11, repealed 68-1-4 NMSA 1978, relating to the commissioner of public lands.

exemption from cutting restrictions.] That it is not the intention of this act [68-1-1, 68-1-2, 68-1-5 NMSA 1978] to abrogate any existing mortgage or encumbrance upon timber, or contract for the sale, cutting or logging of timber, and it is therefore provided that any timber inc…

Sections 68-2-1 through 68-2-27 NMSA 1978 may be cited as the "Forest Conservation Act". History: 1953 Comp., § 62-3-1, enacted by Laws 1959, ch. 122, § 1; 1978 Comp., § 68- 2-1; 1979, ch. 395, § 2; 2023, ch. 64, § 1.

The state forester shall divide the state into [a] suitable and convenient number of administrative districts and shall appoint a supervising forest officer for each district. History: 1953 Comp., § 62-3-6.3, enacted by Laws 1967, ch. 208, § 4.

The commissioner of public lands is authorized to enter into contracts and cooperative agreements with the forestry division of the energy, minerals and natural resources department for the protection and conservation of forests and denuded forest areas under the commissioner's j…

The division is authorized, with the approval of the commissioner of public lands, to acquire land or interest in land, either by gift or by purchase, title to which shall be taken in the name of the state of New Mexico. Land or interest in land no longer needed may be disposed o…

ANNOTATIONS Repeals. — Laws 1979, ch. 395, § 11, repealed 68-2-13 NMSA 1978, relating to the purchase of a radar site near Tierra Amarilla.

A. The forestry division of the energy, minerals and natural resources department is authorized to enforce all laws and rules relating to all forested, cut-over or brush lands lying within the state under the following circumstances: (1) prevention and suppression of forest fires…

ANNOTATIONS Repeals. — Laws 1979, ch. 395, § 11, repealed 68-2-15 NMSA 1978, relating to fire prevention and contracts to suppress fires.

The forestry division of the energy, minerals and natural resources department is authorized to make and enforce rules not in conflict with any law now in force as it deems necessary for the prevention and suppression of forest fires, for the control of forest insects or diseases…

It is unlawful for any person to violate any provision of the Forest Conservation Act [68-2-1 to 68-2-27 NMSA 1978] or any provision of a rule or regulation adopted pursuant thereto. Such violation is a misdemeanor and upon conviction thereof such person shall be punished for eac…

ANNOTATIONS Repeals. — Laws 1997, ch. 155, § 1 repealed 68-2-18 NMSA 1978, as amended by Laws 1977, ch. 254, § 87, relating to the emergency fire suppression fund, effective June 20, 1997.

History: 1953 Comp., § 62-3-14, enacted by Laws 1959, ch. 122, § 14; 1977, ch. 254, § 88; 1978 Comp., § 68-2-19 repealed by Laws 2023, ch. 64, § 16.

The state is authorized to accept the provisions of the act of congress dated June 7, 1924 (43 Stat. 653) commonly known as the Clarke-McNary Act and the act of congress dated July 1, 1978 (92 Stat. 365) commonly known as the Cooperative Forestry Assistance Act of 1978, as amende…

ANNOTATIONS Repeals. — Laws 1979, ch. 395, § 11, repealed 68-2-20 NMSA 1978, relating to the reversion of funds in the forest conservation fund or in the emergency fire suppression fund to the state's general fund.

There is created in the state treasury a revolving fund to be known as the "conservation planting revolving fund". The conservation planting revolving fund shall consist of money appropriated to the fund by the legislature, all receipts from the sale of trees for conservation pla…

consent. A. As used in this section: (1) "owner" means any public agency, person, partnership, firm, corporation and recognized agents owning or having legal control to the surface rights of the land upon which the woody material is located and having legal authority to issue per…

ANNOTATIONS Repeals. — Laws 1996, ch. 74, § 2 repealed 68-2-22.1 NMSA 1978, as enacted by Laws 1987, ch. 143, § 3, relating to a Christmas tree tag fee, effective May 15, 1996. For provisions of former section, see the 1995 NMSA 1978 on NMOneSource.com.

History: 1978 Comp., § 68-2-23, enacted by Laws 1979, ch. 395, § 8; repealed by Laws 2023, ch. 64, § 16.

Recognizing that the forest makes a vital contribution to New Mexico by providing wood products, jobs, grazing, quality water, wildlife habitat, young trees, taxes and other economic benefits, it is hereby declared to be the public policy of the state to adopt forest practices th…

Upon the request of any landowner, the state forester shall advise and encourage the use of good management practices through an educational program and by providing technical forestry assistance to any landowner for specific sites prior to and during harvesting or other forestry…

Any peace officer enforcing the provisions of the Forest Conservation Act may: A. stop any vehicle or means of conveyance containing any woody material for the purpose of inspection and investigation; B. inspect the woody material in any vehicle or other means of conveyance, incl…

Conservation Act. It is unlawful for any person to use false information or documentation to obtain any permit, license or other benefit under the Forest Conservation Act [68-2-1 to 68-2-27 NMSA 1978]. Any person who is found guilty of violating the provisions of this section sha…

A. There is created in the state treasury a revolving fund to be known as the "forest land protection revolving fund". The forest land protection revolving fund shall consist of all receipts as provided by Section 68-2-26 NMSA 1978, fees collected pursuant to the Prescribed Burni…

Sections 1 through 5 [68-2-29 to 68-2-33 NMSA 1978] of this act may be cited as the "New Mexico Forest Re-Leaf Act". History: Laws 1990, ch. 96, § 1.

A. The director of the forestry division of the energy, minerals and natural resources department is the "state forester" and shall be paid a salary, set by the secretary of energy, minerals and natural resources. B. No individual may be appointed as the state forester unless the…

A. The legislature finds that the health and safety of our increasingly fragile environment is threatened daily by increased emissions of carbon dioxide. These emissions deplete the stratospheric ozone and cause dangerous greenhouse and global warming effects. Trees naturally syn…

As used in the New Mexico Forest Re-Leaf Act [68-2-29 to 68-2-33 NMSA 1978]: A. "division" means the forestry division of the energy, minerals and natural resources department; and B. "tree" means any living single-stemmed or multi-stemmed woody material. History: Laws 1990, ch. …

division and the state forester; authorizing regulations; tree planting program applications. A. The division shall promote the importance of planting trees for soil, energy and water conservation, to enhance the state's beauty and generally to protect and improve the quality of …

committee; composition. A. The state forester shall appoint a tree planting advisory committee. The committee shall meet at least twice a year to review the division's tree planting programs. The committee shall seek public input on the division's programs and may recommend to th…

History: Laws 2003, ch. 115, § 1; 2003, ch. 303, § 1; § 68-2-34, recompiled and amended as § 68-2A-3 by Laws 2025, ch. 55, § 3.

officer. The forestry division shall establish an office in the city of Santa Fe, with the state forester in charge as executive officer of the division. History: 1953 Comp., § 62-3-4, enacted by Laws 1959, ch. 122, § 4; 1977, ch. 254, § 77.

office clerk. The state forester, with the approval of the secretary of energy, minerals and natural resources, shall employ, at salaries in accordance with the Personnel Act [Chapter 10, Article 9 NMSA 1978], those employees necessary to carry out the responsibilities of the for…

contracting authority. For the purposes of the Forest Conservation Act, the forestry division of the energy, minerals and natural resources department is designated as the agent of the state and is authorized to enter into contracts and cooperative agreements with the secretary o…

As used in the Forest Conservation Act: A. "forest fire" means a fire burning uncontrolled on lands covered wholly or in part by timber, brush, grass, grain or other vegetation; and B. "suppression" means all of the activities to extinguish, limit or contain forest fire spread. H…

protection and forest conservation; authority; police power. A. The forestry division of the energy, minerals and natural resources department is responsible for the conservation of forests and forest resources and the prevention and suppression of forest fires on all nonfederal,…

Any person obstructing the access of the forestry division of the energy, minerals and natural resources department or the division's agents to lands, as provided in Section 68-2-8 NMSA 1978, is guilty of a misdemeanor and upon conviction may be sentenced to not less than thirty …

This act [68-2A-1 to 68-2A-5 NMSA 1978] may be cited as the "Wildfire Prepared Act". History: Laws 2025, ch. 55, § 1.

As used in the Wildfire Prepared Act: A. "assessment" means an assessment of a structure or property for compliance with wildfire preparedness standards; B. "buffer" means an area treated to reduce wildfire fuel in order to act as a barrier between properties to limit and halt th…

program; standards; requirements. A. The "fire planning task force" is created. The task force shall consist of: (1) the state fire marshal; (2) the director of the local government division of the department of finance and administration; (3) the commissioner of public lands; (4…

benefits or enforceable interest. A. The "wildfire prepared program" is created in the department to make structures and properties in New Mexico wildfire prepared. The department shall provide technical assistance and training, conduct assessments, provide certification and awar…

A. The "wildfire prepared fund" is created as a nonreverting fund in the state treasury to provide funding for the wildfire prepared program. The fund consists of distributions, appropriations, gifts, grants, donations and income from investment of the fund. B. The department sha…

Fires. The Interstate Compact for the Prevention and Control of Forest Fires is enacted into law, and New Mexico hereby enters into the compact as a member state with all other jurisdictions legally joining therein in the form substantially as follows: INTERSTATE COMPACT FOR THE …

Sections 1 through 6 [68-4-1 to 68-4-6 NMSA 1978] of this act may be cited as the "Forest and Watershed Restoration Act". History: Laws 2019, ch. 62, § 1.