2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-8 - Forestry division responsibility for statewide forest fire protection and forest conservation; authority; police power.

A. The forestry division of the energy, minerals and natural resources department is responsible for the conservation of forests and forest resources and the prevention and suppression of forest fires on all nonfederal, nonmunicipal lands in the state. The division, whether independently or in cooperation with federal, state or local agencies, is authorized to:
(1) conserve forests and forest resources;
(2) maintain and improve forest health;
(3) prevent, control and suppress forest fires;
(4) conduct forest fire suppression rehabilitation and repair;
(5) conduct post-fire slope stabilization, erosion control, riparian restoration, seeding and reforestation of burned areas;
(6) research forestry and forest fires;
(7) prescribe uses of fires;
(8) conduct urban and community forestry;
(9) establish and support nurseries;
(10) furnish forestry and forest fire-related technical advice to the people of the state, including technical advice and projects related to the mitigation of or adaptation to changing climatic conditions; and
(11) provide financial, technical and related assistance to local governments to organize, train and equip local firefighters to prevent, control and suppress forest fires threatening the natural resources of rural forest areas or communities.
B. The forestry division and the division's agents:
(1) shall have unrestricted access to private and state lands, including the use of roads and trails to carry out forest fire suppression work; and
(2) 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.
C. The police power of the state shall extend to such control of private forest lands as is necessary for the suppression of forest fires.
D. The authorization provided in Subsection A of this section with respect to forest conservation, fire prevention and post-fire forest rehabilitation activities, but not forest fire suppression activities, is to be exercised in cooperation and pursuant to an agreement with the underlying landowner or land manager.
History:
1953 Comp., § 62-3-6.2, enacted by Laws 1967, ch. 208, § 2; 1978 Comp., § 68-2-8; 1979, ch. 395, § 3; 2023, ch. 64, § 6.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, authorized the forestry division of the energy, minerals and natural resources department to conduct forest fire prevention, suppression, control, suppression rehabilitation and repair, post-fire slope stabilization, erosion control, riparian restoration, seeding and reforestation of burned areas; in the section heading, deleted "Statewide" and added "Forestry division", and "and forest conservation; authority; police power"; added subsection designation "A." to the former introductory clause; in Subsection A, after "The", deleted "state shall have the responsibility" and added "forestry division of the energy, minerals and natural resources department is responsible", after "for", added "the conservation of forests and forest resources and the", after "nonmunicipal lands in the state", deleted "Activities authorized under this section shall include, but not 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" and added "The division, whether independently or in cooperation with federal, state or local agencies, is authorized to", added Paragraphs A(1) through A(10), in Paragraph A(11), added "provide", after "assistance to", deleted "others" and added "local governments", after "equip local", deleted "fire-fighting forces" and added "firefighters", and after "rural forest areas", added "or communities"; deleted former Subsection A, which related to the police power of the state extending to the control of forests lands; in Subsection B, after "The", deleted "state forester" and added "forestry division", and redesignated former Subsection C as Paragraph B(2); and deleted former Subsection D and added new Subsections C and D.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
52 Am. Jur. 2d Logs and Timber § 61.