Idaho Code § 38-408 — Idaho Code / Title 38 / Chapter 4 / Section 38-408
38-408 MONEYS FROM CONTRACTS AND APPROPRIATIONS — EXPENDITURES AND ACCOUNTS.
Status: in_force

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 protection of forest resources, shall be deposited with the state treasurer and shall be credited to the forest management fund as herein provided.

All moneys appropriated for, accruing to, or received by said fund are hereby appropriated for the purpose specified in sections 38-401—38-410, Idaho Code, and shall only be used in the protective districts where collected. All funds in, or accruing to, the erosion control account after the effective date of this section shall be credited to the forest practices rehabilitation account created in section 38-1313, Idaho Code.

All moneys deposited in said fund shall remain in the state treasury for the use of the director in the payment of items constituting claims against the fund. This fund may be drawn upon by sight drafts signed by the director and attached to vouchers for the planned expenditure, both in such form as the state controller shall prescribe. At such time as the board of examiners may prescribe the director shall present a complete itemized account of all expenditures from said fund. The said board is authorized to approve or reject any item in said account. If any item thereof is disallowed the director or the state forest warden responsible therefor shall replace the amount thereof in the said fund. The amount of the items allowed shall be credited by the state controller to the director.

History:

[38-408, added 1945, ch. 74, sec. 8, p. 108; am. 1957, ch. 183, sec. 6, p. 357; am. 1969, ch. 89, sec. 7, p. 296; am. 1973, ch. 111, sec. 1, p. 201; am. 1974, ch. 17, sec. 18, p. 308; am. 1987, ch. 192, sec. 6, p. 395; am. 1994, ch. 180, sec. 67, p. 471.]
Idaho Code § 38-1207 — Idaho Code / Title 38 / Chapter 12 / Section 38-1207
38-1207 MEETINGS — OFFICERS — QUORUM.
Status: in_force

38-1207. Meetings — Officers — Quorum. The board shall hold a meeting within thirty (30) days after its members are first appointed and thereafter shall hold at least two (2) regular meetings each year. The rules may provide for such additional regular meetings and for special meetings. Notice of all meetings shall be given as may be provided in the rules. The director of the department of lands shall be chairman of the Idaho board of scaling practices and the board shall annually elect a vice-chairman and a secretary, who shall be members of the board. Four (4) members shall constitute a quorum.

History:

[38-1207, added 1969, ch. 91, sec. 7, p. 305; am. 1970, ch. 185, sec. 1, p. 534; am. 1974, ch. 17, sec. 21, p. 308; am. 1979, ch. 311, sec. 2, p. 841; am. 2003, ch. 95, sec. 1, p. 280; am. 2008, ch. 200, sec. 5, p. 648.]
Idaho Code § 38-1306A — Idaho Code / Title 38 / Chapter 13 / Section 38-1306A
38-1306A NONRESIDENT OPERATORS — BOND.
Status: in_force

38-1306A. Nonresident operators — Bond. Prior to commencing any forest practices, nonresident operators who do not own real property in Idaho shall submit to the department a bond in a form acceptable to the board to insure the performance of the duties of the operator under this chapter and any rules and regulations promulgated hereunder, in the amount of two hundred dollars ($200) per acre for each acre in the contract area, with a minimum bond of five thousand dollars ($5,000) and a maximum bond of fifteen thousand dollars ($15,000).

History:

[38-1306A, added 1980, ch. 64, sec. 2, p. 130.]
Idaho Code § 38-105 — Idaho Code / Title 38 / Chapter 1 / Section 38-105
38-105 STATE FOREST AND RANGE LANDS — APPLICATION OF CHAPTERS.
Status: in_force

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 that for the protection of state-owned range lands, the state board of land commissioners may enter into agreements or otherwise provide for a reasonable arrangement assuring the timely suppression of fires on or threatening state-owned range lands whether or not said lands are adjacent to or intermingled with forest lands.

History:

[38-105, added 1972, ch. 401, sec. 2, p. 1164; am. 1988, ch. 208, sec. 1, p. 390.]
Idaho Code § 38-505 — Idaho Code / Title 38 / Chapter 5 / Section 38-505
38-505 CREATION OF BURN SEEDING AREAS.
Status: in_force

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 purchase of seed to seed a part or all of such areas. The county boards are also authorized to enter into contracts with other state agencies or with federal agencies to seed land under the jurisdiction of such agencies within such "Burn Seeding Areas."

Whenever the Board of County Commissioners of any county deems it necessary or desirable to create a "Burn Seeding Area," it must by resolution adopted by a majority of the members of said Board, setting forth in such resolution that such said Burning Seeding Area is necessary within the county, and describing all of the lands included in said area, and fixing a time of hearing. The Clerk of the Board must publish said resolution and a notice requiring all interested persons to appear at a time and place before said Board, as designated in said resolution, and show cause if any they have why said Burn Seeding Area should not be created. Said notice must be published in one issue of a weekly newspaper published in the County. If no newspaper is published in the county, then in such paper as the Board may direct in its resolution. Said resolution and said notice shall provide a date of hearing, which shall be not less than ten days from the date of publication. Upon said hearing, after fully considering said matter, if the Board finds that the creation of said Burn Seeding Area is desirable and necessary, it shall make an order in writing to that effect, and file the same with the Clerk of the District Court in and for said County. Anyone interested may appeal to the District Court under the procedure set forth by Sections 31-1510, 31-1511, 31-1512.

History:

[38-505, added 1941, ch. 71, sec. 5, p. 135.]
Idaho Code § 38-1312 — Idaho Code / Title 38 / Chapter 13 / Section 38-1312
38-1312 CONVERSION OF FOREST LAND.
Status: in_force

38-1312. Conversion of forest land. (1) This act does not prevent the conversion of forest land to any other use. However, conversions shall require the filing of a notification as required in section 38-1306, Idaho Code, as well as compliance with the provisions of this chapter and rules and regulations promulgated pursuant thereto, except for provisions relating to reforestation. When forest land is converted to another use, vegetative cover sufficient to provide continuing soil productivity and stabilization shall be established within one (1) year of completion of the forest practice on disturbed areas larger than one (1) acre, except that the director may grant an extension of time if weather or other conditions interfere.

(2) The provisions of this section shall not apply to activities regulated under chapters 13 and 15, title 47, Idaho Code.

History:

[38-1312, added 1974, ch. 197, sec. 12, p. 1506; am. 1988, ch. 211, sec. 2, p. 401.]
Idaho Code § 38-503 — Idaho Code / Title 38 / Chapter 5 / Section 38-503
38-503 FEDERAL AID.
Status: in_force

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 any of the individual counties are empowered to accept any advisable program and to make any necessary regulations which are not in contradiction to the purpose of sections 38-501—38-511. The treasurer of the state of Idaho is hereby directed and authorized to accept any funds or grants in aid from the federal government for the purposes declared in sections 38-501—38-511. Expenditures of such funds shall be in manner provided by law, and in conformance with the provisions of federal requirements.

History:

[38-503, added 1941, ch. 71, sec. 3, p. 135.]
Idaho Code § 38-506 — Idaho Code / Title 38 / Chapter 5 / Section 38-506
38-506 ABATEMENT OF COSTS AS TAX.
Status: in_force

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 under their jurisdiction land within such areas belonging to the state are hereby authorized and directed to pay the respective assessment against the land under their jurisdiction. Any assessments against land within such areas and any sums due the county for seed furnished to seed burned over land owned by private individuals shall be assessed against such land and entered on the current tax list of the owner thereof, and the charge shall be collected at the same time and in the same manner as general taxes and the lien thereof shall be a charge of equal priority with general taxes.

History:

[38-506, added 1941, ch. 71, sec. 6, p. 135.]
Idaho Code § 38-133 — Idaho Code / Title 38 / Chapter 1 / Section 38-133
38-133 OFFICERS CHARGED WITH ENFORCEMENT.
Status: in_force

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 chapter and shall have full power and it shall be their duty to arrest with or without warrant any person found violating any of the provisions of this chapter or rules and regulations of the state board of land commissioners after notice made pursuant hereto and take him before a magistrate and make complaint, and when any such officer shall have information that such violation has been committed he shall make similar complaint.

The authority of the fire wardens respecting the control or suppression of forest fires, summoning help or making arrests for violation of this chapter or rules and regulations of the board may extend to any adjacent district or to any part of the state in times of great fire danger, providing that in case of conflict of authority resulting therefrom, the fire warden in whose district the fire is located shall have ultimate control. In emergencies fire wardens may commandeer tools, supplies and equipment and may employ able-bodied persons or compel assistance of able-bodied persons and neither the state board of land commissioners, the director, or his delegates, fire wardens or deputy fire wardens, shall be liable to civil action for trespass committed in the discharge of their duties; provided, that in performing their duties they exercise reasonable care to avoid doing unnecessary damage.

History:

[38-133, added 1972, ch. 401, sec. 2, p. 1164; am. 1974, ch. 17, sec. 8, p. 308.]
Idaho Code § 38-1305 — Idaho Code / Title 38 / Chapter 13 / Section 38-1305
38-1305 DUTIES, POWERS OF DEPARTMENT.
Status: in_force

38-1305. Duties, powers of department. The department:

(1) Shall administer and enforce this act;

(2) (a) Shall, through the director, appoint a forest practices advisory committee to the board for the purpose of providing technical advice to the board in carrying out the board's powers and duties as set forth in section 38-1304, Idaho Code. The forest practices advisory committee is composed of nine (9) members, three (3) residing in the north forest region and three (3) residing in the south forest region, and three (3) members shall be Idaho residents. All members of the committee shall be qualified by experience and/or training to provide technical advice related to forest practices. Of the three (3) members residing in each forest region, one (1) member shall be either a private landowner, a private timber owner, or authorized representative of the landowner or timber owner who regularly engages in forest practices; one (1) member shall be an operator; and one (1) member shall be a representative of the general public. Of the remaining three (3) members who are Idaho residents: one (1) member shall be qualified by training and experience as a fisheries biologist; one (1) member shall be a nonindustrial forest landowner; and one (1) member shall be an at-large member. Members of the forest practices advisory committee shall be appointed by the director for three (3) year terms. Appointments under this subsection shall be made by the director within sixty (60) days after the effective date of this section. If there is a vacancy, for any cause, the director shall make an appointment to become immediately effective for the unexpired term. Said appointee shall possess the same qualifications under this section as the person being replaced. The committee shall select a chairman from among its members. A member of the department of lands shall be designated by the director to serve as secretary, without voting power, for the committee.

(b) Notwithstanding the terms of the committee members specified by subsection (2)(a) of this section, of the members first appointed to each such committee:

(i) Two (2) shall serve for a term of one (1) year;

(ii) Two (2) shall serve for a term of two (2) years;

(iii) Three (3) shall serve for a term of three (3) years.

(3) Shall advise and assist the board in the discharge of its duties as set forth in this act;

(4) Shall achieve coordination among state agencies which are concerned with the forest environment;

(5) Shall cooperate with and provide advice to landowners and timber owners in the management of forest lands;

(6) May enter into cooperative agreement or contracts which may be necessary in the administration of this act;

(7) All site-specific BMPs approved at the time of the effective date of this act shall remain in force and be enforced by the designated agency;

(8) Shall develop methods for controlling watershed impacts resulting from cumulative effects. The department shall form a cumulative effects watershed cooperative including, but not limited to, state and federal land managing agencies and owners of industrial private forest land, to serve as a clearinghouse for comparing and evaluating shared watershed information. The director shall select an interdisciplinary task force including appropriate technical specialists and affected landowners and shall, in consultation with the task force, formulate methods for controlling cumulative effects.

History:

[38-1305, added 1974, ch. 197, sec. 5, p. 1506; am. 1989, ch. 154, sec. 3, p. 368; am. 1991, ch. 244, sec. 3, p. 597; am. 1995, ch. 352, sec. 3, p. 1179; am. 2004, ch. 264, sec. 1, p. 743.]
Idaho Code § 38-112 — Idaho Code / Title 38 / Chapter 1 / Section 38-112
38-112 CHARGES A LIEN — METHOD OF COLLECTION.
Status: in_force

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 secretary shall determine the names of all owners of forest lands within the boundaries of the particular forest protective association who have failed to provide the forest fire protection for their lands required by this act, together with the description of such lands and the acreage thereof and calculate the total amount due hereunder from each such owner for such forest fire protection which shall not exceed the maximum hereinbefore specified. The association secretary shall deliver such information to the director of the department of lands not less than ten (10) days before the first Monday in August of each year.

By the first Monday in August of each year, the director of the department of lands shall have prepared a list of all amounts charged under this section against property protected, and upon request received from any owner thereof, shall render the latter a statement of the sum so due from such owner; upon further request made to said director of the department of lands within ten (10) days following said first Monday in August, any such owner shall be granted a hearing before the board on or before the last Monday in August. Said board shall then either approve or revise all sums to be collected, and the director of the department of lands shall certify each and every current amount to the auditor of the county or counties in which such property is situated not later than the first Monday in September following. Upon receiving such certificate from the director of the department of lands showing the amounts due, the auditor shall extend the amounts so certified upon the county tax rolls covering such property, and such sums shall be collected in the same manner and at the same time and with like penalties as general state and county taxes upon the same property are collected. When collected, such sums shall immediately be paid into the forest protection fund to be applied by the director of the department of lands to expenses incurred, accrued and/or contracted for in carrying out the provisions of this section.

History:

[38-112, added 1972, ch. 401, sec. 2, p. 1164.]
Idaho Code § 38-115 — Idaho Code / Title 38 / Chapter 1 / Section 38-115
38-115 CLOSED SEASON FOR FIRES — PERMITS — REGULATIONS — EXTENSION OF CLOSED SEASON — SUSPENSION OF PERMITS — PENALTY.
Status: in_force

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 to set or cause to be set a fire in any slashing area, or a fire to any stump or stumps, log or logs, down or standing timber or to set or cause to be set, a fire on any forest or range lands or dangerously near thereto, or in any field in any forest protective district, without having first procured a permit from the fire warden of the district, provided, that unless campfires have been prohibited during critical hazard periods, campfires may be set without permit provided there is compliance with the provisions of section 38-116, Idaho Code. Every permit shall prescribe the conditions upon which the permit is given, and contain rules and regulations governing the setting of fires and the prevention of the spread thereof to the property of another. At no time shall any fire be set when the wind is blowing to such an extent as to cause danger of the fire getting beyond the control of the person responsible for setting it, or without sufficient men, tools, supplies and firefighting equipment to control it, and the fire shall be kept under the control of the person responsible for setting it until it is out. The state board of land commissioners shall from time to time make all necessary rules and regulations governing the setting of fires on forest lands for both the closed and open season, and for their proper control and extinguishment. It shall be the duty of the director of the department of lands to prepare the proper form of permit to be used in carrying out the provisions of this section. The fire wardens shall at all times have authority to refuse permits and/or to revoke the same and to postpone their use when issued, when they shall deem it necessary so to do in the interest of public safety. Any permits obtained by misrepresentation shall be invalid.

In seasons, localities and under conditions of unusual fire danger, the director, with the advice of the fire warden of any protective district, shall have the power to extend the period of closed fire season in any district of the aforementioned districts to meet the particular fire hazard of each district, and when the safety of the public requires, change the closed season in any district by fixing inclusive dates other than those herein designated; close to entry therein by any person or party, the forest and range lands in any section of the state wherein a critical fire hazard exists, and may restrict or suspend travel on any road or trail leading into any such land, until a permit shall have secured from the fire warden of the forest protective district wherein such lands are situated, and may also, without proclamation, suspend any and all permits or privileges authorized by this section and prohibit the setting of any campfires, and/or fire in forest and range land or dangerously near to such, or in fields in any forest protective district.

Any violation of the provisions of this section shall be deemed a misdemeanor.

History:

[38-115, added 1972, ch. 401, sec. 2, p. 1164; am. 1974, ch. 17, sec. 7, p. 308.]
Idaho Code § 38-1302 — Idaho Code / Title 38 / Chapter 13 / Section 38-1302
38-1302 POLICY OF THE STATE — PURPOSE OF ACT.
Status: in_force

38-1302. Policy of the state — Purpose of act. (1) Recognizing that federal, state and private forest lands make a vital contribution to Idaho by providing jobs, products, tax base, and other social and economic benefits, by helping to maintain forest tree species, soil, air and water resources, and by providing a habitat for wildlife and aquatic life, it is the public policy of the state to encourage forest practices on these lands that maintain and enhance those benefits and resources for the people of the state of Idaho.

(2) To encourage uniform forest practices implementing the policy of this chapter, and to provide a mechanism for harmonizing and helping it implement and enforce laws and rules relating to federal, state and private forest land, it is the purpose of this chapter to vest in the board authority to adopt rules designed to assure the continuous growing and harvesting of forest tree species and to protect and maintain the forest soil, air, water resources, wildlife and aquatic habitat.

(3) No unit of local government shall enact any ordinance, rule or resolution which purports to regulate forest practices on the forest land in this state and which conflicts with any provision of this chapter.

History:

[38-1302, added 1974, ch. 197, sec. 2, p. 1506; am. 1991, ch. 244, sec. 1, p. 595; am. 1992, ch. 259, sec. 1, p. 752.]
Idaho Code § 38-1220A — Idaho Code / Title 38 / Chapter 12 / Section 38-1220A
38-1220A INSPECTION — INVESTIGATION — VIOLATIONS — ENFORCEMENT — PENALTY.
Status: in_force

38-1220A. Inspection — Investigation — Violations — Enforcement — Penalty. (a) The chairman of the Idaho board of scaling practices shall cause investigations to be made upon the request of the board or upon receipt of information concerning an alleged violation of this chapter or of any rule, order or license issued or promulgated thereunder, and may cause to be made such other investigations as the chairman shall deem advisable.

(b) The chairman or the chairman's designee shall have the authority to:

(1) Conduct a program of continuing surveillance and of regular or periodic inspection of log scaling sites.

(2) Enter at all reasonable times upon any private or public property for the purpose of inspecting or investigating to ascertain possible violations of this chapter or of any rule, order or license issued or promulgated thereunder.

(c) Whenever the chairman determines that any person or legal entity is in violation of any provisions of this chapter or any rule, order or license issued or promulgated pursuant to this chapter, the chairman may initiate a civil enforcement action through the attorney general and/or a criminal action through the prosecuting attorney as provided in section 38-1221, Idaho Code. Civil enforcement actions shall be commenced and prosecuted in the district court in and for the county in which the alleged violation occurred, and may be brought against any person or legal entity who is alleged to have violated any provisions of this chapter or any rule, order or license which has become effective pursuant to this chapter. Such action may be brought to compel compliance with any provisions of this chapter or any rule, order or license issued or promulgated hereunder and for any relief or remedies authorized in this chapter. Except as provided in section 38-1218, Idaho Code, the chairman shall not be required to initiate or prosecute an administrative action before initiating a civil enforcement action.

(d) Any person or legal entity determined in a civil enforcement action to have violated any provision of this chapter or any rule, order or license issued or promulgated pursuant to this chapter shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) per violation or five hundred dollars ($500) for each day of a continuing violation, whichever is greater. The method of recovery of said penalty shall be by a civil enforcement action in the district court in and for the county where the violation occurred. All civil penalties collected under this chapter shall be paid into the state scaling account.

(e) In addition to such civil penalties, any person or legal entity who has been determined to have violated the provisions of this chapter or any rule, order or license issued or promulgated pursuant to this chapter, shall be liable for any expense, including reasonable attorney's fees, incurred by the state in enforcing this chapter.

(f) No action taken pursuant to the provisions of this chapter shall relieve any person or legal entity from any civil action and damages that may exist for damage resulting from any violation of this chapter or any rule, order or license issued or promulgated thereunder.

History:

[38-1220A, added 1979, ch. 303, sec. 4, p. 824; am. 1986, ch. 243, sec. 1, p. 661; am. 2008, ch. 200, sec. 6, p. 648.]
Idaho Code § 38-1509 — Idaho Code / Title 38 / Chapter 15 / Section 38-1509
38-1509 LIMITATIONS TO THE POWERS OF THE COMMISSION.
Status: in_force

38-1509. Limitations to the powers of the commission. Irrespective of such actions as may be taken by individual members of the commission, the commission itself shall not use any funds or other resources of the commission to influence the outcome of any election for public office, be it state or federal, or to influence the enactment or defeat of any specific piece of legislation; provided, however, the commission may, in the course of implementation of this chapter, generally and objectively inform the public of legislative or regulatory proposals which may affect the management of public or private forests in Idaho or the forest products industry.

History:

[38-1509, added 1992, ch. 163, sec. 1, p. 522.]
Idaho Code § 38-1514 — Idaho Code / Title 38 / Chapter 15 / Section 38-1514
38-1514 STATE NOT LIABLE FOR ACTS OR OMISSIONS OF THE COMMISSION OR OF ITS EMPLOYEES.
Status: in_force

38-1514. State not liable for acts or omissions of the commission or of its employees. The state of Idaho is not liable for the acts or omissions of the commission or any member thereof or any officer, agent or employee thereof.

History:

[38-1514, added 1992, ch. 163, sec. 1, p. 522.]
Idaho Code § 38-711 — Idaho Code / Title 38 / Chapter 7 / Section 38-711
38-711 RECOMMENDATIONS TO ADMINISTRATIVE AGENCIES — PUBLISHING OF INFORMATION.
Status: in_force

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 agencies, concerning the production, management and utilization of the various resources to which the information shall apply and from time to time to publish and to distribute such information as shall be of interest and value to the industries and activities affected.

History:

[38-711, added 1939, ch. 259, sec. 11, p. 643.]
Idaho Code § 38-130 — Idaho Code / Title 38 / Chapter 1 / Section 38-130
38-130 DISPOSITION OF FINES.
Status: in_force

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, fifty per cent (50%) to the current expense fund of the county in which the violation occurred and forty per cent (40%) to the state treasurer for deposit in the forest protection fund.

History:

[38-130, added 1972, ch. 401, sec. 2, p. 1164.]
Idaho Code § 38-106 — Idaho Code / Title 38 / Chapter 1 / Section 38-106
38-106 HEARING OF AGGRIEVED LANDOWNER.
Status: in_force

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, on any subject pertaining to the activities of the director of the department of lands or of said board affecting his or their property: provided, that no request for a hearing before the board shall have the effect of suspending the operations of the director of the department of lands or any fire warden undertaken pursuant to the provisions of this chapter, but, upon such hearing, the board may terminate such operations if found unreasonable.

History:

[38-106, added 1972, ch. 401, sec. 2, p. 1164.]
Idaho Code § 38-1219 — Idaho Code / Title 38 / Chapter 12 / Section 38-1219
38-1219 REISSUANCE OR REINSTATEMENT.
Status: in_force

38-1219. Reissuance or reinstatement. The board, for reasons it may deem sufficient, may reissue or reinstate a certificate of registration to any person whose certificate has been revoked or suspended, provided three (3) or more members of the board vote in favor of such reissuance or reinstatement. A new certificate of registration, to replace any certificate revoked, lost, destroyed or mutilated, may be issued, subject to the rules of the board, and upon payment of such reasonable charge therefor as shall be fixed by the board to cover the estimated cost of investigation and such reissuance, but not exceeding twenty-five dollars ($25.00) in any case.

History:

[38-1219, added 1969, ch. 91, sec. 20, p. 305; am. 1979, ch. 311, sec. 5, p. 843.]
Idaho Code § 38-407 — Idaho Code / Title 38 / Chapter 4 / Section 38-407
38-407 FOREST MANAGEMENT ACCOUNT.
Status: in_force

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, Idaho Code.

History:

[38-407, added 1945, ch. 74, sec. 7, p. 108; am. 1987, ch. 192, sec. 5, p. 395.]
Idaho Code § 38-131A — Idaho Code / Title 38 / Chapter 1 / Section 38-131A
38-131A DEFICIENCY WARRANTS FOR COSTS OF FIRE SUPPRESSION ON STATE-OWNED RANGE LANDS.
Status: in_force

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 lands are adjacent to or intermingled with forest lands. When so authorized, the state controller shall draw deficiency warrants against the general fund.

History:

[38-131A, added 1988, ch. 208, sec. 2, p. 391; am. 1994, ch. 180, sec. 66, p. 470; am. 2003, ch. 32, sec. 19, p. 129.]
Idaho Code § 38-1313 — Idaho Code / Title 38 / Chapter 13 / Section 38-1313
38-1313 FOREST PRACTICES REHABILITATION ACCOUNT.
Status: in_force

38-1313. Forest practices rehabilitation account. There is hereby created in the dedicated fund in the state treasury a forest practices rehabilitation account, which shall be used by the department to rehabilitate forest lands damaged by a forest practice that is not repaired following the serving of a notice of violation. The department shall recover the costs of repairs and reasonable administrative and legal fees in accordance with subsection (2)(e) of section 38-1307, Idaho Code. Costs of repairs shall be deposited in the forest practices rehabilitation account.

History:

[38-1313, added 1987, ch. 281, sec. 1, p. 592.]
Idaho Code § 38-132 — Idaho Code / Title 38 / Chapter 1 / Section 38-132
38-132 REGULATIONS OF THE BOARD — PENALTY FOR VIOLATION.
Status: in_force

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 efficient administration thereof. Any person violating any rule or regulation of the board, after written notice of the regulation has been furnished, shall be deemed guilty of the same crime as provided in the section of this chapter to which the rule or regulation pertains or if none be specified, then such violation shall be deemed a petty misdemeanor.

History:

[38-132, added 1972, ch. 401, sec. 2, p. 1164.]
Idaho Code § 38-1503 — Idaho Code / Title 38 / Chapter 15 / Section 38-1503
38-1503 FOREST PRODUCTS COMMISSION CREATED — MEMBERS.
Status: in_force

38-1503. Forest products commission created — Members. (1) There is hereby created and established in the department of self-governing agencies the Idaho forest products commission, to be composed of five (5) voting members appointed by the governor from a list of names with at least two (2) names for each appointive office for each district submitted to the governor by the financial supporters of the commission in each district. All commission members shall serve terms of three (3) years, and may be reappointed. The commission may adopt rules, subject to legislative approval, to further define the process for filling vacancies to the commission.

(2) The governor shall name as permanent advisory members to the commission the director of the department of lands, a representative of the United States forest service, the dean of the university of Idaho college of natural resources or the dean's designee, a representative of the Idaho department of commerce and the Idaho department of agriculture with expertise in marketing and promotion, and the executive director of the associated logging contractors. No advisory member of the commission shall have a vote on the commission.

(3) Nominations for expiring seats on the commission shall be made by the financial supporters of the commission from the district in which the seat is expiring, or from all districts if an at-large member seat is expiring, no later than June 1 of the year in which the seat is expiring. The commission shall provide nomination applications to all financial supporters of the commission. The commission shall send the names of all qualified nominees to the governor and may make its own recommendations and nominations. In making the appointments, the governor shall take into consideration the recommendations made by the commission and organizations that represent or are engaged in harvesting, transporting, or manufacturing forest products.

(4) Vacancies in any unexpired term shall be filled by the governor. The commission shall identify qualified candidates and send their names to the governor. The appointed member shall serve on the commission for the remainder of the unexpired term and shall represent the same region and interests as the person whose seat had become vacant. A member appointed to fill an at-large member vacancy shall represent all regions.

History:

[38-1503, added 1992, ch. 163, sec. 1, p. 519; am. 1995, ch. 255, sec. 1, p. 835; am. 2014, ch. 102, sec. 1, p. 301; am. 2026, ch. 8, sec. 2, p. 60.]
Idaho Code § 38-604 — Idaho Code / Title 38 / Chapter 6 / Section 38-604
38-604 FUNDING FOR INSECT AND DISEASE PROGRAM.
Status: in_force

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 projects may include an appropriation from the general account, contributions from cooperating landowners who have lands included in the project area, as defined in section 38-602, Idaho Code, or any combination of sources.

History:

[38-604, added 1987, ch. 192, sec. 9, p. 398.]
Idaho Code § 38-508 — Idaho Code / Title 38 / Chapter 5 / Section 38-508
38-508 BURN SEEDING FUND — DEFICIENCY WARRANTS.
Status: in_force

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 expense fund. It shall be created on the first Monday of February of each year. In any county in which emergency shall require immediate action in seeding of such burn seeding areas as may be established, the board of county commissioners having jurisdiction over such areas are empowered to pay such costs incurred in such seeding procedure by issuance of deficiency warrants, and shall provide for retirement of such warrants out of a burn seeding fund to be created as hereinabove provided.

History:

[38-508, added 1941, ch. 71, sec. 8, p. 135.]
Idaho Code § 38-1404 — Idaho Code / Title 38 / Chapter 14 / Section 38-1404
38-1404 LOCAL ORDINANCES — PRIOR ACTIONS.
Status: in_force

38-1404. Local ordinances — Prior actions. Any and all ordinances of any unit of local government now in effect or hereafter adopted that would make the operation of any forest practice conducted on forest land or an appurtenance to it a nuisance in the circumstances set forth in this chapter are and shall be null and void; provided, however, that the provisions of this section shall not apply whenever a nuisance results from the improper or negligent operation of any forest practice on forest land or an appurtenance to it. Provided further, that the provisions of this section shall not apply whenever a nuisance results from a forest practice on forest land located within the corporate limits of any city on July 1, 1989, nor shall the provisions of this chapter affect actions commenced prior to July 1, 1989.

History:

[38-1404, added 1989, ch. 226, sec. 1, p. 542.]
Idaho Code § 38-501 — Idaho Code / Title 38 / Chapter 5 / Section 38-501
38-501 STATEMENT OF POLICY.
Status: in_force

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 of vegetation and subject such lands to erosion with total loss of top soils; permit an infestation of weeds which imperil adjacent agricultural lands, destroy feed and cover for wild life, and create great distress in agriculture through loss of grazing. Therefore, the seeding of such burned areas to suitable range grasses and/or legumes as soon as possible after the cessation of such fires is declared to be a matter of public welfare to the state.

History:

[38-501, added 1941, ch. 71, sec. 1, p. 135.]