2023 New Mexico Statutes › Chapter 68 - Timber › Article 2 - Forest Conservation › Section 68-2-14 - Enforcement of laws; investigation of violations.

A. The forestry division of the energy, minerals and natural resources department is authorized to enforce all laws and rules relating to all forested, cut-over or brush lands lying within the state under the following circumstances:
(1) prevention and suppression of forest fires;
(2) logging and timber operations and practices;
(3) trespass, waste and littering; and
(4) conservation of forests and forest resources and products.
B. The state forester, all persons the state forester designates as peace officers and any other peace officers are authorized to go upon forested, cut-over or brush lands lying within the state to investigate violations of the Forest Conservation Act and are given the necessary police powers to apprehend and arrest on warrant issued by any magistrate or judge of the state for violation of the Forest Conservation Act 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; 1978 Comp., § 68-2-14; 1979, ch. 395, § 4; 2023, ch. 64, § 9.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, authorized the forestry division of the energy, minerals and natural resources department to enforce all laws and rules relating to forested lands under listed circumstances; redesignated former Subsections A through D as Paragraphs A(1) through A(4), respectively; in Subsection A, after "The", added "forestry", after "division", added "of the energy, minerals and natural resources department", in Paragraph A(1), after "suppression", added "forest", and in Paragraph A(4), after "conservation of", deleted "commercial forest lands" and added "forests and forest resources"; and in Subsection B, after "all persons", deleted "designated by him" and added "the state forester designates as peace officers and any other peace officers", after "upon", deleted "such lands" and added "forested, cut-over or brush lands lying within the state", and after each occurrence of "violations of the", deleted "laws, rules and regulations" and added "Forest Conservation Act".
State 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.