reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 67 - Highways › Article 15 - Clean Highways › Section 67-15-3 - State highway department; enforcement and administration duties.

The state highway department shall:
A. establish within the department an office of highway litter control. Such office shall be charged with the administration and enforcement of the Clean Highways Act and shall supervise designated personnel within each of the highway district offices who shall implement litter control programs within that district; and
B. institute through the office of highway litter control a continuous and aggressive litter control program on the roads and highways of this state which shall include:
(1) the hiring of special litter removal crews composed of unemployed, underemployed and young persons to regularly police litter from the roads and highways of this state and the rights-of-way of such roads and highways; provided, that in employing such persons the department shall give strong consideration to the unemployed and underemployed levels in each highway district;
(2) initiate and supervise litter removal and collection programs by civic groups, youth organizations and summer vacation students and to provide a method of reimbursement to such groups and persons based on the number of pounds of such litter removed from the roads and highways, and to assist such removal whenever possible by the use of available highway department vehicles;
(3) the design and installation of appropriate signs along the roads and highways urging the traveling public to observe proper litter control;
(4) the design and furnishing of litter control bags for the traveling public bearing a statewide litter symbol and a statement of the penalties provided by law for littering; such bags to be distributed at rest stops, ports of entry and other suitable places where the traveling public has access; and
(5) the providing of additional litter control receptacles at appropriate places along the roads and highways of this state and for the regular and periodic removal and collection of litter from such receptacles.
History:
1953 Comp., § 55-11A-3, enacted by Laws 1977, ch. 271, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 Am. Jur. 2d Highways, Streets and Bridges §§ 74, 87, 113.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 15 - Clean Highways › Section 67-15-4 - State highway department; additional powers.

The state highway department may:
A. enter into agreements with counties, municipalities and communities of this state and provide a program of grants on a matching basis to carry out appropriate litter control programs along state highways within such county, municipality or community; and
B. adopt rules and regulations necessary to carry out the provisions of the Clean Highways Act.
History:
1953 Comp., § 55-11A-4, enacted by Laws 1977, ch. 271, § 4.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 16 - Litter Control and Beautification › Section 67-16-1 - Short title.

Chapter 67, Article 16 NMSA 1978 may be cited as the "Litter Control and Beautification Act".
History:
Laws 1985, ch. 23, § 1; 2020, ch. 33, § 1.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, changed "This act" to "Chapter 67, Article 16 NMSA 1978".
2023 New Mexico Statutes › Chapter 67 - Highways › Article 16 - Litter Control and Beautification › Section 67-16-2 - Legislative findings; purpose; intent.

A. The legislature finds that the proliferation and accumulation of litter discarded throughout the state constitutes a public nuisance and damages the economy of the state by making it less attractive to tourists and newcomers. There is a need to anticipate, plan for and accomplish effective litter control through a state-coordinated plan of education, control, prevention, recycling and elimination.
B. The purpose of the Litter Control and Beautification Act is to accomplish litter control by vesting in the department authority to eliminate litter from the state to the maximum practical extent. The department shall aid in establishing a statewide keep America beautiful program. The department shall cooperate with cities, counties and other departments of state government in developing a statewide litter and solid waste reduction program.
C. The Litter Control and Beautification Act is intended to add to and coordinate existing litter control and removal efforts, except as specifically stated in that act.
History:
Laws 1985, ch. 23, § 2; 1989, ch. 10, § 1; 2020, ch. 33, § 2.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, in Subsection B, after "keep America beautiful", deleted "system".
The 1989 amendment,
effective June 16, 1989, substituted "damages" for "may damage" and inserted "recycling" in the first sentence in Subsection A, and made minor stylistic changes in Subsection B.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 16 - Litter Control and Beautification › Section 67-16-5 - Clean and beautiful program coordinator.

The department shall designate a clean and beautiful program coordinator to coordinate the activities of the New Mexico clean and beautiful program and the committee.
History:
Laws 1985, ch. 23, § 5; 2017, ch. 30, § 3; 2020, ch. 33, § 5.
ANNOTATIONS
The 2020 amendment,
effective May 20, 2020, changed "litter control coordinator" to "clean and beautiful program coordinator"; in the section heading, deleted "Litter control" and added "Clean and beautiful program"; and after "department shall", deleted "appoint" and added "designate", after "a", deleted "litter control" and added "clean and beautiful program", and after "activities of the", added "New Mexico clean and beautiful program and the".
The 2017 amendment,
effective July 1, 2017, after "activities of the", deleted "council within three months after the effective date of the Litter Control and Beautification Act" and added "committee".
2023 New Mexico Statutes › Chapter 67 - Highways › Article 16 - Litter Control and Beautification › Section 67-16-6 - Rules and regulations.

In addition to its other powers and duties, the department shall adopt rules and regulations necessary to carry out the provisions of the Litter Control and Beautification Act pursuant to the State Rules Act [Chapter 14, Article 4 NMSA 1978].
History:
Laws 1985, ch. 23, § 6.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 67 - Highways › Article 16 - Litter Control and Beautification › Section 67-16-7 - Measurement and evaluation.

The committee shall document and report on an annual basis the effectiveness and impact of department-sponsored litter control and beautification programs through the following:
A. report on all projects and activities funded by the department through allocations from the litter control and beautification fund. The community appearance index technique shall be a part of this report in communities where appropriate and available; and
B. investigate and report on the feasibility, appropriateness and cost of a statewide community appearance index or other technique for the evaluation of highway litter.
History:
1978 Comp., § 67-16-7, enacted by Laws 1989, ch. 10, § 4; 2017, ch. 30, § 4; 2020, ch. 33, § 6.
ANNOTATIONS
Repeals and reenactments.
— Laws 1989, ch. 10, § 4 repealed former 67-16-7 NMSA 1978, as enacted by Laws 1988, ch. 23, § 7, relating to collection and survey of litter, and enacted a new section, effective June 16, 1989.
The 2020 amendment,
effective May 20, 2020, revised certain New Mexico clean and beautiful advisory committee reporting requirements; and in Subsection A, deleted "evaluate and", after "report on all", deleted "governmental entities and keep New Mexico beautiful, incorporated", and after "department", added "through allocations from the litter control and beautification fund".
The 2017 amendment,
effective July 1, 2017, revised certain duties of the New Mexico clean and beautiful advisory committee; in the introductory clause, after "The", deleted "department" and added "committee", and after "impact of", deleted "council-sponsored" and added "department-sponsored"; in Subsection A, after "funded by the", deleted "council" and added "department", after "The", deleted "photometric" and added "community appearance"; deleted former Subsection B, which related to litter receptacles placed on state property, and redesignated former Subsection C as Subsection B; and in Subsection B, after "statewide", deleted "photometric" and added "community appearance".
2023 New Mexico Statutes › Chapter 67 - Highways › Article 16 - Litter Control and Beautification › Section 67-16-8 - Contracting with other agencies.

The department shall have authority to contract with other state and local government agencies for services and personnel reasonably necessary to carry out the provisions of the Litter Control and Beautification Act.
History:
Laws 1985, ch. 23, § 8; 1989, ch. 10, § 5; 2001, ch. 140, § 2.
ANNOTATIONS
The 2001 amendment,
effective April 2, 2001, deleted "having law enforcement powers" following "local government agencies".
The 1989 amendment,
effective June 16, 1989, substituted the present catchline for "Enforcement" and added "The" at the beginning of the section.
Compiler's notes.
— Laws 1985, ch. 23, § 17, which had provided for the repeal of Chapter 67, Article 16 NMSA 1978 effective July 1, 1989, was repealed by Laws 1989, ch. 10, § 7, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 16 - Litter Control and Beautification › Section 67-16-9 - Repealed.

History:
Laws 1985, ch. 23, § 9; 2001, ch. 140, § 3; repealed by Laws 2020, ch. 33, § 8.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 33, § 8 repealed 67-16-9 NMSA 1978, as enacted by Laws 1985, ch. 23, § 9, relating to litter receptacles placement, effective May 20, 2020. For provisions of former section,
see
the 2019 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 16 - Litter Control and Beautification › Section 67-16-10 - Repealed.

History:
Laws 1985, ch. 23, § 10; 2001, ch. 140, § 4; repealed by Laws 2017, ch. 30, § 6.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 30, § 6 repealed 67-16-10 NMSA 1978, as enacted by Laws 1985, ch. 23, § 10, relating to litter bags, effective July 1, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 16 - Litter Control and Beautification › Section 67-16-11 - Responsibility for removal of litter from receptacles.

The responsibility for removal of litter from receptacles placed at parks, beaches, campgrounds, trailer parks and other public places shall remain upon those state and local agencies now performing litter removal services. The removal of litter on private property used by the public shall remain the duty of the owner or operator of the private property.
History:
Laws 1985, ch. 23, § 11.
ANNOTATIONS
Compiler's notes.
— Laws 1985, ch. 23, § 17, which had provided for the repeal of Chapter 67, Article 16 NMSA 1978 effective July 1, 1989, was repealed by Laws 1989, ch. 10, § 7, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 16 - Litter Control and Beautification › Section 67-16-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 2001, ch. 140, § 7 repeals 67-16-13 NMSA 1978, as enacted by Laws 1985, ch. 23, § 13, regarding the reimbursement of the transportation department for expenses incurred in implementing the Litter Control and Beautification Act, effective April 2, 2001.
2023 New Mexico Statutes › Chapter 67 - Highways › Article 16 - Litter Control and Beautification › Section 67-16-14 - Litter control and beautification fund; created; beautification fee.

The "litter control and beautification fund" is created in the state treasury. The beautification fee of fifty cents ($.50) per registration year imposed pursuant to Section 66-6-6.2 NMSA 1978, collected from the registration fee of vehicles registered pursuant to Section 66-3-1 NMSA 1978 or the Motor Transportation Act [Chapter 65, Articles 1, 3 and 5 NMSA 1978], shall be deposited in the fund. All income earned on the fund shall be credited to the fund. The fund is appropriated to the department for the purpose of carrying out the provisions of the Litter Control and Beautification Act. The money in the fund shall not revert at the end of any fiscal year.
History:
Laws 1985, ch. 23, § 14; 1993, ch. 275, § 3; 2002, ch. 16, § 2.
ANNOTATIONS
The 2002 amendment,
effective March 4, 2002, rewrote the section heading, which read: "Beautification Fees"; deleted the former first sentence of the section, all of whose provisions, except the creation of the litter control and beautification fun, now appear in 66-6-6.2 NMSA 1978; and added the present first sentence of the section.
The 1993 amendment,
effective June 18, 1993, substituted "fifty cents ($.50)" for "thirty cents ($.30)" near the end of the first sentence.
Severability clauses.
— Laws 1985, ch. 23, § 16 provides for the severability of the act if any part or application thereof is held invalid.
Compiler's notes.
— Laws 1985, ch. 23, § 17, which had provided for the repeal of Chapter 67, Article 16 NMSA 1978 effective July 1, 1989, was repealed by Laws 1989, ch. 10, § 7, effective June 16, 1989.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 1 - Restrictions and Regulations › Section 68-1-6 to 68-1-9 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 1 - Restrictions and Regulations › Section 68-1-10 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1979, ch. 395, § 13, recompiled former 68-1-10 NMSA 1978 as present 68-2-22 NMSA 1978.
2023 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.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-1 - Short title.

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.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, changed the statutory reference from "68-2-25" to "68-2-27".
Law 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.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-2 - Acceptance of federal laws.

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 amended.
History:
1953 Comp., § 62-3-2, enacted by Laws 1959, ch. 122, § 2; 1978 Comp., § 68-2-2; 2023, ch. 64, § 2.
ANNOTATIONS
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.
The 2023 amendment,
effective June 16, 2023, authorized the state of New Mexico to accept the provisions of the Forestry Assistance Act of 1978, and removed a reference to the federal Forest Pest Control Act; added the section heading "Acceptance of federal laws"; after "congress dated", deleted "August 25, 1950" and added "July 1, 1978 (92 Stat. 365)", and after "Cooperative", deleted "Forest Management Act and the act of congress dated June 25, 1947 (61 Stat. 177) commonly known as the Forest Pest Control Act" and added "Forestry Assistance Act of 1978, as amended".
Law reviews.
— For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-3 - State forester; compensation; 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.
B. No individual may be appointed as the state forester unless the individual 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; 1978 Comp., § 68-2-3; 1987, ch. 234, § 45; 2023, ch. 64, § 3.
ANNOTATIONS
Cross 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.
The 2023 amendment,
effective June 16, 2023, removed references to the repealed forest conservation fund, and removed references to the state forestry division seal; in the section heading, deleted "Seal"; and in Subsection A, after "natural resources", deleted "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".
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.
2023 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.
2023 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.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-6 - Division to serve as contracting agency for state; 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 of agriculture of the United States of America, private landowners, the commissioner of public lands of the state, individuals, corporations or other local, state, federal and private agencies or organizations to carry out the provisions of the Forest Conservation Act and to do all other acts necessary to take advantage of and carry out the provisions of the acts of congress promulgated for the purposes of the Forest Conservation Act and the federal Cooperative Forestry Assistance Act of 1978, as amended.
History:
1953 Comp., § 62-3-6, enacted by Laws 1959, ch. 122, § 6; 1963, ch. 24, § 1; 1977, ch. 254, § 79; 1978 Comp., § 68-2-6; 2023, ch. 64, § 4.
ANNOTATIONS
Cross references.
— For acts of congress,
see
68-2-2 NMSA 1978 and notes thereto.
The 2023 amendment,
effective June 16, 2023, authorized the forestry division of the energy, minerals and natural resources department to enter into contracts and cooperative agreements with the United States secretary of agriculture, private landowners, the commissioner of public lands of the state, individuals, corporations or other local, state, federal and private agencies or organizations to carry out the provisions of the Forest Conservation Act; in the section heading, added "contracting authority"; and added "forestry" preceding "division", after "division", added "of the energy, minerals and natural resources department", after "private agencies or organizations to", deleted "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 added "carry out the provisions of the Forest Conservation Act", after "acts of congress", deleted "hereinbefore set out and all other acts of congress which are promulgated for forest conservation or rural fire defense" and added "promulgated for the", and after "purposes", added "of the Forest Conservation Act and the federal Cooperative Forestry Assistance Act of 1978, as amended".
Law reviews.
— For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-7 - Forest fire and suppression defined.

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.
History:
1953 Comp., § 62-3-6.1, enacted by Laws 1967, ch. 208, § 1; 1978 Comp., § 68-2-7; 2023, ch. 64, § 5.
ANNOTATIONS
Cross references.
— For state fire marshall,
see
59A-52-1 NMSA 1978 et seq.
The 2023 amendment,
effective June 16, 2023, defined "suppression" as used in the "Forest Conservation Act; in the section heading, added "and suppression"; in Subsection A, after "or other", deleted "inflammable"; and added Subsection B.
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.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-9 - Penalty for obstruction.

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 days nor more than ninety days in the county jail or fined not less than one hundred dollars ($100) nor 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; 1978 Comp., § 68-2-9; 2023, ch. 64, § 7.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, after "access of the", deleted "state forester or his" and added "forestry division of the energy, minerals and natural resources department or the division's", and after "agents to lands", deleted "failing to obey any summons to appear and assist in the suppression of a forest fire or refusing to furnish tools and equipment".
Am. 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.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
2023 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 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 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; 1978 Comp., § 68-2-11; 2023, ch. 64, § 8.
ANNOTATIONS
Cross references.
— For the Enabling Act,
see
the New Mexico Territorial Laws and Treaties on
NMOneSource.com
.
The 2023 amendment,
effective June 16, 2023, authorized the commissioner of public lands 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 after "agreements with the", added "forestry", and after "division", added "of the energy, minerals and natural resources department".
Law reviews.
— For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
2023 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.
ANNOTATIONS
Am. 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.
2023 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 68-2-27 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 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.
ANNOTATIONS
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. —
98 C.J.S. Woods and Forests § 8.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-18 - Repealed.

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.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-19 - Repealed.

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.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 64, § 16 repealed 68-2-19 NMSA 1978, as enacted by Laws 1959, ch. 122, § 14, relating to fire protection cooperative contract receipts, special suspense fund, general forest conservation fund, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-20 - Repealed.

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.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-21 - Revolving fund created.

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 plantings and any other revenues directed to the fund. Expenditures may be made from the conservation planting revolving fund upon vouchers signed by the state forester and warrants issued by the secretary of finance and administration for the purpose of purchasing, selling or distributing trees to New Mexico landowners, schools, civic or community groups or other organizations for conservation plantings or generally to protect or enhance the state's environment. Money in the conservation planting revolving fund shall not revert to the state general fund.
History:
1978 Comp., § 68-2-21, enacted by Laws 1979, ch. 221, § 2; 1979, ch. 395, § 7; 1990, ch. 96, § 6; 1991, ch. 3, § 1.
ANNOTATIONS
The 1991 amendment,
effective June 14, 1991, in the second sentence, inserted "to the fund" near the middle, added "and any other revenues directed to the fund" at the end, and made a related stylistic change.
The 1990 amendment,
effective May 16, 1990, in the second sentence, inserted "money appropriated by the legislature and" and substituted "trees" for "tree seedlings to New Mexico landowners" and, in the third sentence, substituted "selling or distributing trees to New Mexico landowners, schools, civic or community groups or other organizations for conservation plantings or generally to protect or enhance the state's environment" for "tree seedlings for sale and distribution to New Mexico landowners for conservation plantings".
Duplicate laws.
— Laws 1979, ch. 221, § 2, and Laws 1979, ch. 395, § 7, enacted new sections which were identical except for the second sentence in each. The section was set out as enacted by Laws 1979, ch. 395, § 7. The second sentence in Laws 1979, ch. 221, § 2, read: "The conservation planting revolving fund shall consist of all receipts from the sale of tree seedlings to New Mexico landowners for conservation plantings and money appropriated by this act."
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-22 - Cutting and removing woody material without written 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 permits or enter into agreements for the disposal of the woody material; and
(2) "woody material" includes any live or dead evergreen, coniferous or deciduous tree, branch, bough, bush, sapling or shrub in its natural condition, trimmed or untrimmed, and with or without roots.
B. No person shall cut, remove, transport or sell any woody material without written consent of the owner or proof of ownership, whether the land is publicly or privately owned. The written consent shall contain a legal description of the land where the woody material is removed, the name and address of the legal owner, the volume or amount of material to be removed, the date of execution and the expiration date of the consent. In addition, any person purchasing woody material from another for the purpose of resale must possess a valid bill of sale containing the date of sale, the amount of material purchased and the name, address and signature of the seller. The written consent, bill of sale or a true copy shall be carried by every person in charge of cutting, removing, transporting or selling the woody material and shall be exhibited to any peace officer at the officer's request. This provision shall not apply to campers, picnickers, hunters and persons fishing who gather woody material for use in the immediate vicinity of their campsite or private landowners removing woody material from their own land for their personal use.
History:
1953 Comp., § 62-1-13, enacted by Laws 1961, ch. 200, § 1; 1963, ch. 316, § 1; 1967, ch. 15, § 1; 1977, ch. 254, § 75; 1979, ch. 395, § 1; 1978 Comp., § 68-1-10 NMSA 1978, recompiled as § 68-2-22 by Laws 1979, ch. 395, § 13; 1987, ch. 143, § 2; 2023, ch. 64, § 11.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, defined "owner" and "woody material"; added Subsection A; and in Subsection B, after "shall be exhibited to any", deleted "officer of the law, forestry agent, forest ranger, forest patrolman or conservation" and added "peace".
Language of section is clear and unambiguous.
1969 Op. Att'y Gen. No. 69-121.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
52 Am. Jur. 2d Logs and Timber §§ 49, 61.
98 C.J.S. Woods and Forests § 5.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-22.1 - Repealed.

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
.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-23 - Repealed.

History:
1978 Comp., § 68-2-23, enacted by Laws 1979, ch. 395, § 8; repealed by Laws 2023, ch. 64, § 16.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 64, § 16 repealed 68-2-23 NMSA 1978, as enacted by Laws 1979, ch. 395, § 8, relating to definitions, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-24 - Forest land policy.

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 that maintain and enhance such benefits and such resources and to recognize varying forest resources by employing silvicultural planning, including fire prevention that provides for the removal of trees in a manner that provides reasonable assurance for the natural or artificial regeneration of native tree species; provided, however, nothing in this section shall be in conflict with any law now in force.
History:
1978 Comp., § 68-2-24, enacted by Laws 1979, ch. 395, § 9; 2023, ch. 64, § 12.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised the public policy of the state as it relates to forest land; and after "regeneration of", deleted "commercial" and added "native".
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-25 - Forest owner assistance.

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-related activities.
History:
1978 Comp., § 68-2-25, enacted by Laws 1979, ch. 395, § 10; 2023, ch. 64, § 13.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, after "harvesting", added "or other forestry-related".
Severability.
— Laws 1979, ch. 395, § 14, provided for the severability of the act if any part or application thereof was held invalid.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-26 - Enforcement; Forest Conservation Act.

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, including common carrier;
C. seize and hold any woody material cut, removed, piled, transported or offered for sale in violation of this section. Upon determination by the appropriate court that a section of the Forest Conservation Act has been violated and the court's issuance of an order authorizing the sale, the forestry division of the energy, minerals and natural resources department shall sell the woody material and all money collected is to be deposited into the forest land protection revolving fund; and
D. seize and hold any property used in violation of this section and, upon determination of the appropriate court that a section of the Forest Conservation Act has been violated, keep or dispose of the property upon order of the district court. All money collected, if any, shall be deposited into the forest land protection revolving fund.
History:
1978 Comp., § 68-2-26, enacted by Laws 1987, ch. 143, § 4; 2023, ch. 64, § 14.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, revised procedures related to the enforcement of the provisions of the Forest Conservation Act; and in Subsection C, after "has been violated", added "and the court's issuance of an order authorizing the sale", and after "forestry division", added "of the energy, minerals and natural resources department".
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-27 - Using false information to comply with the Forest 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 shall be sentenced according to Section 68-2-17 NMSA 1978.
History:
1978 Comp., § 68-2-27, enacted by Laws 1987, ch. 143, § 5.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-29 - Short title.

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.
ANNOTATIONS
Compiler's notes.
— Laws 1990 (1st SS), ch. 6, § 8 repealed Laws 1990, ch. 96, § 7 which provided a contingent effective date for Sections 1 to 5 of the act.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-30 - Findings and purpose of act.

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 synthesize carbon dioxide into oxygen as a byproduct of photosynthesis and thereby reduce the harmful environmental effects caused by carbon dioxide.
B. Trees protect and promote soil, energy and water conservation and generally enhance the state's environment.
C. The purpose of the New Mexico Forest Re-Leaf Act [68-2-29 to 68-2-33 NMSA 1978] is to help protect the environment and to improve the quality of life by encouraging and arranging for the planting of trees throughout the state by children, students, parents, schools, civic and community groups and all residents of New Mexico.
History:
Laws 1990, ch. 96, § 2.
ANNOTATIONS
Compiler's notes.
— Laws 1990 (1st SS), ch. 6, § 8 repealed Laws 1990, ch. 96, § 7 which provided a contingent effective date for Sections 1 to 5 of the act.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-31 - Definition[s].

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. 96, § 3; 1993, ch. 76, § 1.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, inserted the Subsection designation "A" and added Subsection B.
2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-32 - Tree plantings; promotions and programs; duties of the 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 the environment. The division shall attempt, through the promotion of tree planting campaigns and other efforts, including public education, to grant or sell trees to individuals and groups to provide for effective planting of trees throughout the state.
B. To promote tree planting, the division shall implement, in harmony, the New Mexico Forest Re-Leaf Act [68-2-29 to 68-2-33 NMSA 1978] and the conservation planting revolving fund provided for in Section 68-2-21 NMSA 1978. The division is authorized to adopt regulations necessary or appropriate to administer and achieve the purposes of the New Mexico Forest Re-Leaf Act and the conservation planting revolving fund.
C. Persons may apply to the division, on forms and in accordance with rules and procedures the division may adopt, for grants or purchases of trees to plant in the state. The division shall encourage applications from schools and universities, environmental education programs and civic and community groups. Each application shall indicate whether any applicable local soil and water conservation district has reviewed and approved the application.
D. Applications to receive and plant trees shall be granted or denied by the division in accordance with criteria the division shall establish. In granting applications, the division shall ensure that no less than twenty percent of the balance of the conservation planting revolving fund shall be granted free to groups or individuals in any fiscal year for the purpose of planting trees.
History:
Laws 1990, ch. 96, § 4; 1993, ch. 76, § 2.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, substituted "no less than" for "no more than" in the second sentence of Subsection D; added "for the purpose of planting trees" at the end of Subsection D; and deleted former Subsection E, pertaining to a report required to be made by the division to the first session of the fortieth legislature.