2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-16 - Rules of division.

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 and for the application of commercial or silvicultural forest practices within the state. The rulemaking power includes the requiring of registration of sawmills, declaring of designated areas to be high hazard fire areas and closing them to entry by the general public for reasonable periods and requiring native forest vegetative types to be harvested or treated in such manner as to support forest practices that maintain and enhance the benefits of forests and forest resources to New Mexico. Rules shall be provided to all interested parties upon request. Nothing in the Forest Conservation Act shall prevent a landowner from converting forest vegetative types to nonforest vegetative types for such purposes as range, wildlife habitat, farming, surface mining or subdivision development; provided, however, any slash resulting from such conversion shall be treated in a manner that will minimize the spread of forest fires and the possibility of insect or disease epidemic.
History:
1953 Comp., § 62-3-11, enacted by Laws 1959, ch. 122, § 11; 1961, ch. 113, § 1; 1977, ch. 254, § 85; 1978 Comp., § 68-2-16; 1979, ch. 395, § 5; 2023, ch. 64, § 10.
ANNOTATIONS
Cross references.
— For penalty for violation of rules and regulations,
see
68-2-17 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, authorized the forestry division of the energy, minerals and natural resources department to make and enforce rules it deems necessary for the prevention and suppression of forest fires; in the section heading, deleted "regulations"; and after "The", added "forestry", after "division", added "of the energy, minerals and natural resources department", after "control of forest", deleted "pests" and added "insects or diseases", and after "possibility of insect", added "or disease".
State power not exclusive.
— The provisions of Sections 68-2-14 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).
Rules held legitimate exercise of rule-making power.
— Rules 5 to 8 of the "Rules and Regulations Relating to the Prevention and Suppression of Forest Fires" are a legitimate exercise of the rule-making power granted to the forest conservation commission (now forestry division of energy, minerals and natural resources department). 1970 Op. Att'y Gen. No. 70-97 (rendered under prior law).
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 §§ 3, 13.