reglab/housing_qa huggingface dataset:
NM Stat § 68-1-1 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 1 - Restrictions and Regulations|Section 68-1-1 - [Protection of growing timber; public policy.]

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. History: Laws 1939, ch. 141, § 1; 1941 Comp., § 64-101; 1953 Comp., § 62-1-1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For state fire marshal, see 59A-52-1 NMSA 1978 et seq. Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964). Am. Jur. 2d, A.L.R. and C.J.S. references. — 35A Am. Jur. 2d Fires §§ 1 to 4; 52 Am. Jur. 2d Logs and Timber § 61. Constitutionality of conservation or reforestation legislation, 13 A.L.R.2d 1095. Encroachment of trees, shrubbery, or other vegetation across boundary line, 65 A.L.R.4th 603. 98 C.J.S. Woods and Forests §§ 3, 5, 7.
NM Stat § 68-1-2.1 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 1 - Restrictions and Regulations|Section 68-1-2.1 - Restriction.

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.
NM Stat § 68-1-3 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 1 - Restrictions and Regulations|Section 68-1-3 - Violations; penalties.

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 cause suit to be filed for the collection of this penalty upon the failure of the violator to remit the penalty assessed against him. Each violation shall be a separate offense. History: 1978 Comp., § 68-1-3, enacted by Laws 1981, ch. 298, § 1. ANNOTATIONSCompiler's notes. — Laws 1979, ch. 395, § 11, repealed former 68-1-3 NMSA 1978, relating to violations of timber laws. Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964). Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Fires §§ 5, 6. 98 C.J.S. Woods and Forests § 8.
NM Stat § 68-1-4 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 1 - Restrictions and Regulations|Section 68-1-4 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 395, § 11, repealed 68-1-4 NMSA 1978, relating to the commissioner of public lands.
NM Stat § 68-1-5 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 1 - Restrictions and Regulations|Section 68-1-5 - [Timber subject to mortgage on February 1, 1939; partial 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 included in and described in a bona fide mortgage, encumbrance or contract entered into prior to February 1, 1939 shall be and the same is hereby exempted and excepted from all of the provisions of Section 2, Subparagraph C [68-1-2C NMSA 1978], of this act for the term and duration of such mortgage or contract; provided that in any event no trees shall be harvested less than ten inches in diameter outside bark, at a point twelve inches above the ground. History: Laws 1939, ch. 141, § 5; 1941 Comp., § 64-105; 1953 Comp., § 62-1-5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Logs and Timber § 7. Mortgage: right of mortgagor or owner of equity of redemption to cut timber, 57 A.L.R. 451.
NM Stat § 68-1-6 to 68-1-9 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 1 - Restrictions and Regulations|Section 68-1-6 to 68-1-9 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 395, § 11, repealed 68-1-6 to 68-1-9 NMSA 1978, relating to the transportation of logs by floating in streams.
NM Stat § 68-1-10 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 1 - Restrictions and Regulations|Section 68-1-10 - Recompiled.

ANNOTATIONSRecompilations. — Laws 1979, ch. 395, § 13, recompiled former 68-1-10 NMSA 1978 as present 68-2-22 NMSA 1978.
NM Stat § 68-1-11 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 1 - Restrictions and Regulations|Section 68-1-11 - Wildland firefighters not subject to criminal liability.

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 in firefighting activities. History: Laws 2007, ch. 16, § 1. ANNOTATIONSEffective dates. — Laws 2007, ch. 16 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature. Cross references. — For the good samaritan law, see 12-12-28 NMSA 1978. For voluntary fire wardens, see 30-32-1 NMSA 1978.
NM Stat § 68-2-1 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-1 - Short title.

Sections 68-2-1 through 68-2-25 NMSA 1978 may be cited as the "Forest Conservation Act". History: 1953 Comp., § 62-3-1, enacted by Laws 1959, ch. 122, § 1; 1979, ch. 395, § 2. ANNOTATIONSLaw reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964). For article, "The United States Forest Service: Changing of the Guard," see 32 Nat. Resources J. 449 (1992). For comment, "Fact, Fiction, and Forest Service Appeals," see 32 Nat. Resources J. 649 (1992). For article, "What Can Be Learned from Domestic and International Aspects of Japan's Forest Resource Utilization?," see 32 Nat. Resources J. 855 (1992). For article, " 'Traditions' of Forest Control in Java: Implications for Social Forestry and Sustainability," see 32 Nat. Resources J. 883 (1992). Am. Jur. 2d, A.L.R. and C.J.S. references. — Constitutionality of forest conservation or reforestation legislation, 13 A.L.R.2d 1095.
NM Stat § 68-2-2 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-2 - [Acceptance of federal laws.]

The state of New Mexico 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 August 25, 1950, commonly known as the Cooperative Forest Management Act and the act of congress dated June 25, 1947 (61 Stat. 177), commonly known as the Forest Pest Control Act. History: 1953 Comp., § 62-3-2, enacted by Laws 1959, ch. 122, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The remaining sections of the Clarke-McNary Act appear as 16 U.S.C.S. §§ 499, 505, 515, 568, 569, and 570. The Cooperative Forest Management Act was repealed by P.L. 95-313, § 13(a)(4), effective July 1, 1978. The Forest Pest Control Act was repealed by P.L. 95-313, § 13(a)(3), effective July 1, 1978. Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
NM Stat § 68-2-3 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-3 - State forester; compensation; seal; qualifications.

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, to be paid from the forest conservation fund. The division shall adopt a seal and such seal affixed to any paper signed by the state forester shall be prima facie evidence of the due execution thereof. B. No individual may be appointed as the state forester unless he is, by reason of scientific education and experience, knowledgeable in the principles of forest management. History: 1953 Comp., § 62-3-3, enacted by Laws 1959, ch. 122, § 3; 1977, ch. 254, § 76; 1987, ch. 234, § 45. ANNOTATIONSCross references. — For establishment of the energy, minerals, and natural resources department, see 9-5A-3 NMSA 1978. For appointment of director, see 9-5A-6 NMSA 1978. For transfer of radio communication property to communications division of the general services department, see 15-2-5 NMSA 1978. Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964). Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Logs and Timber § 61. 98 C.J.S. Woods and Forests § 13.
NM Stat § 68-2-4 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-4 - Forestry division office; state forester in charge; executive 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.
NM Stat § 68-2-5 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-5 - State forester; employment of personnel; state fire chief; 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 forestry division. History: 1953 Comp., § 62-3-5, enacted by Laws 1959, ch. 122, § 5; 1977, ch. 254, § 78; 1987, ch. 234, § 46.
NM Stat § 68-2-6 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-6 - Division to serve as contracting agency for state.

For the purposes of the Forest Conservation Act [68-2-1 to 68-2-25 NMSA 1978], the division is designated as the agent of the state and is authorized to enter into contracts and cooperative agreements with the secretary of agriculture of the United States of America, private landowners, the commissioner of public lands of the state, individuals, corporations or other state, federal and private agencies or organizations to prevent and suppress forest fires, brush fires, grass fires or other wild fires, to do research, establish nurseries and furnish technical advice to the people of the state, and to do all other acts necessary to take advantage of, and carry out the provisions of the acts of congress hereinbefore set out, and all other acts of congress which are promulgated for forest conservation or rural fire defense purposes. History: 1953 Comp., § 62-3-6, enacted by Laws 1959, ch. 122, § 6; 1963, ch. 24, § 1; 1977, ch. 254, § 79. ANNOTATIONSCross references. — For acts of congress, see 68-2-2 NMSA 1978 and notes thereto. Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
NM Stat § 68-2-7 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-7 - Forest fire defined.

As used in the Forest Conservation Act [68-2-1 to 68-2-25 NMSA 1978], "forest fire" means a fire burning uncontrolled on lands covered wholly or in part by timber, brush, grass, grain or other inflammable vegetation. History: 1953 Comp., § 62-3-6.1, enacted by Laws 1967, ch. 208, § 1. ANNOTATIONSCross references. — For state fire marshall, see 59A-52-1 NMSA 1978 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 35A Am. Jur. 2d Fires §§ 1 to 5. 98 C.J.S. Woods and Forests §§ 3, 5, 7.
NM Stat § 68-2-8 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-8 - Statewide responsibility for forest fire protection.

The state shall have the responsibility for prevention and suppression of forest fires on all nonfederal, nonmunicipal lands in the state. Activities authorized under this section shall include, but not be limited to, cooperation with federal, state and local agencies in the development of systems and methods for the prevention, control, suppression and prescribed use of fires on rural lands and within rural communities; and providing financial, technical and related assistance to others to organize, train and equip local fire-fighting forces to prevent, control and suppress fires threatening the natural resources of rural forest areas. For such purposes: A. the police power of the state shall extend to such control of private forest lands as shall be necessary for the prevention and suppression of forest fires; B. the state forester and his agents shall have unrestricted access to private and state lands, including the use of roads and trails, in order to carry out forest fire prevention and suppression work; C. the state forester and his agents shall not be liable to civil action for trespass or for damages for acts done in the course of their official duties unless otherwise expressly provided by contract or agreement with the landowner, which contract or agreement is made pursuant to the provisions of the Forest Conservation Act [68-2-1 to 68-2-25 NMSA 1978]; and D. the state forester and his agents may, in the event of a forest fire, summon and deputize any able-bodied man to assist in suppressing the forest fire and may request tools and equipment under the control of or owned by the landowner or timber operator upon whose lands the forest fire is burning or whose lands are threatened by the forest fire. History: 1953 Comp., § 62-3-6.2, enacted by Laws 1967, ch. 208, § 2; 1979, ch. 395, § 3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Logs and Timber § 61.
NM Stat § 68-2-9 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-9 - Penalty for obstruction.

Any person obstructing the access of the state forester or his agents to lands, failing to obey any summons to appear and assist in the suppression of a forest fire or refusing to furnish tools and equipment, 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 days or more than ninety days in the county jail, or fined not less than one hundred dollars ($100) or more than one thousand dollars ($1,000), or both such imprisonment and fine. History: 1953 Comp., § 62-3-6.3, enacted by Laws 1967, ch. 208, § 3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 35A Am. Jur. 2d Fires §§ 11, 12, 16. Punitive damages: liability for punitive or exemplary damages or statutory penalty of one intentionally or negligently starting fire which caused an injury to person or property, 104 A.L.R. 412. Liability of property owner for damages from spread of accidental fire originating on property, 17 A.L.R.5th 547. 98 C.J.S. Woods and Forests § 8.
NM Stat § 68-2-10 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-10 - Administrative districts.

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. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and it is not part of the law.
NM Stat § 68-2-11 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-11 - Contracts for protection of forest areas.

The commissioner of public lands is authorized to enter into contracts and cooperative agreements with the division for the protection and conservation of forest and denuded forest areas under his jurisdiction and control and is authorized to pay the assessments thereunder from the state land office maintenance fund, provided that such contracts and agreements do not commit the use of the lands in a manner and do not entail expenditures of the maintenance fund contrary to the provisions of the act of congress dated June 20, 1910, entitled Enabling Act for New Mexico. History: 1953 Comp., § 62-3-7, enacted by Laws 1959, ch. 122, § 7; 1977, ch. 254, § 80. ANNOTATIONSCross references. — For the Enabling Act, see the New Mexico Territorial Laws and Treaties on NMOneSource.com.Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
NM Stat § 68-2-12 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-12 - Acquisition and disposition of land by division.

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 of as provided by law. History: 1953 Comp., § 62-3-8, enacted by Laws 1959, ch. 122, § 8; 1977, ch. 254, § 81. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Acquisition by adverse possession or use of public property held by municipal corporation or other governmental unit otherwise than for streets, alleys, parks, or common, 55 A.L.R.2d 554.
NM Stat § 68-2-13 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-13 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 395, § 11, repealed 68-2-13 NMSA 1978, relating to the purchase of a radar site near Tierra Amarilla.
NM Stat § 68-2-14 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-14 - Enforcement of laws; investigation of violations.

The division is authorized to enforce all laws, rules and regulations relating to all forested, cutover or brushlands lying within the state under the following circumstances: A. prevention and suppression of fires; B. logging and timber operations and practices; C. trespass, waste and littering; and D. conservation of commercial forest lands and products. In addition, the state forester and all persons designated by him are authorized to go upon such lands to make investigations concerning violations of the laws, rules and regulations and are given the necessary police powers to apprehend and arrest on warrant issued by any magistrate of the state for violation of the laws, rules and regulations, or without warrant for violations thereof committed in their presence, and shall not be liable to civil actions in trespass for acts done in discharge of their duties. History: 1953 Comp., § 62-3-9, enacted by Laws 1959, ch. 122, § 9; 1977, ch. 254, § 83; 1979, ch. 395, § 4. ANNOTATIONSState power not exclusive. — The provisions of Sections 68-2-16 and 9-5A-4 NMSA 1978 and this section do not give the forestry division exclusive power to enforce and administer laws and regulations relating to timber harvesting and do not expressly prohibit local governments from enacting and enforcing such laws. Rancho Lobo, Ltd. v. Devargas, 303 F.3d 1195 (10th Cir. 2002), cert. denied, 538 U.S. 906, 123 S. Ct. 1483, 155 L. Ed. 2d 225 (2003). In passing the Forest Conservation Act, Section 68-2-1 NMSA 1978 et seq., the legislature left room for concurrent jurisdiction over local forestry issues; thus, the act does not impliedly preempt a county ordinance, dealing, inter alia, with economic development, local employment, and hours of operation, by occupying the entire field of regulation relating to timber harvesting in New Mexico. Rancho Lobo, Ltd. v. Devargas, 303 F.3d 1195 (10th Cir. 2002), cert. denied, 538 U.S. 906, 123 S. Ct. 1483, 155 L. Ed. 2d 225 (2003). Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964). Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Logs and Timber § 61. 98 C.J.S. Woods and Forests § 13.
NM Stat § 68-2-15 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-15 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 395, § 11, repealed 68-2-15 NMSA 1978, relating to fire prevention and contracts to suppress fires.
NM Stat § 68-2-17 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-17 - Laws; rules and regulations; violations; penalties.

It is unlawful for any person to violate any provision of the Forest Conservation Act [68-2-1 to 68-2-25 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 each violation by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail not to exceed one year or both. History: 1953 Comp., § 62-3-12, enacted by Laws 1959, ch. 122, § 12; 1977, ch. 254, § 86; 1979, ch. 395, § 6; 1980, ch. 84, § 1; 1987, ch. 143, § 1. ANNOTATIONSLaw reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964). Am. Jur. 2d, A.L.R. and C.J.S. references. — 98 C.J.S. Woods and Forests § 8.
NM Stat § 68-2-18 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-18 - Repealed.

ANNOTATIONSRepeals. — 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.
NM Stat § 68-2-19 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-19 - Fire protection cooperative contract receipts; special suspense fund; general forest conservation fund.

Any moneys received by the division from private, state or forest-owner fire protection cooperators prior to July 1 of any year, which moneys are to be applied to cooperative contracts which are to be effective on or after that date, shall not revert to the general fund but shall be placed in a special suspense fund with the state treasurer and immediately after that date the money shall be transferred to the general forest conservation funds [fund]. History: 1953 Comp., § 62-3-14, enacted by Laws 1959, ch. 122, § 14; 1977, ch. 254, § 88. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Severability. — Laws 1959, ch. 122, § 17, provided for the severability of the act if any part or application thereof was held invalid.
NM Stat § 68-2-20 (2021)
2021 New Mexico Statutes|Chapter 68 - Timber|Article 2 - Forest Conservation|Section 68-2-20 - Repealed.

ANNOTATIONSRepeals. — 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.