reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › PERMITS › Section 527.260 - Issuance of permit to conduct project possibly involving taking of plant on list of fully protected species of native flora

Current through June 11, 2024
1. The
			 State Forester may issue a permit, under such conditions as he or she deems
			 necessary or practicable, to a person, firm or other organization authorizing
			 the person, firm or other organization to conduct a project that may involve
			 the taking of a plant on the list of fully protected species of native flora
			 only if:
(a) The proposed project is for
			 scientific purposes and enhances the propagation and survival of a plant on the
			 list of fully protected species of native flora; or
(b) The proposed project involves an
			 otherwise lawful activity and the proposed taking is incidental to, and not the
			 purpose of, the project.
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › PERMITS › Section 527.270 - Application: Requirements; fee; waiver of fee; assistance from Division

Current through June 11, 2024
1. The State Forester may issue a permit to a
			 person, firm or other organization which authorizes the person, firm or other
			 organization to conduct a project that may involve the taking of a plant on the
			 list of fully protected species of native flora under such conditions as the
			 State Forester deems necessary or practicable, including, without limitation,
			 an agreement for establishing a management area, only if the applicant submits
			 a completed application on a form designated by the State Forester that
			 contains a detailed plan of the proposed project which satisfies the
			 requirements set forth in NAC 527.280 and 527.290 or, if the project is to be
			 conducted in whole or in part on public land, which satisfies the requirements
			 of NAC 527.300, and specifies:
(a) The impact
			 that will likely result from the taking;
(b) That such taking will not appreciably
			 reduce the likelihood of the survival and recovery of the species in the
			 wild;
(c) The best management
			 practices and mitigation activities that will be used to avoid, minimize and
			 mitigate the impacts from such a taking during the implementation of the
			 proposed project; and
(d) That the
			 applicant has funds sufficient to complete the proposed project plan and
			 mitigation activities.
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › PERMITS › Section 527.280 - Application: Contents

Current through June 11, 2024
1. An application
			 must be submitted to the Division on a form prescribed by the State
			 Forester.
2. Except as otherwise
			 provided in NAC 527.300, an application must contain:
(a) The full name, mailing address and
			 telephone number of the applicant.
(b) If the applicant is a natural person, the
			 date of birth, driver's license number, and any business or institutional
			 affiliation of the applicant related to the project for which the permit is
			 requested.
(c) If the applicant is
			 a corporation, firm, partnership, association, institution, or public or
			 private agency, the name and address of the president or principal officer, and
			 the registered agent for service of process.
(d) If the applicant is not the owner of the
			 land on which the proposed project is to be executed, the full name, mailing
			 address and telephone number of the landowner, and:
(1) If the landowner is an individual, any
			 business or institutional affiliation of the landowner related to the project
			 for which the permit is requested; or
(2) If the landowner is a corporation, firm,
			 partnership, association, institution, or public or private agency, the name
			 and address of the president or principal officer, and the registered agent for
			 service of process.
(e)
			 A complete plan for the proposed project that satisfies the requirements of:
(1) NAC 527.290; or
(2) If the project is to be conducted in
			 whole or in part on public land, NAC 527.300.
(f) A complete plan for the proposed
			 mitigation activities, including, without limitation, proposed off-site
			 mitigation activities of the project, that satisfies the requirements of:
(1) NAC 527.290; or
(2) If the project is to be conducted in
			 whole or in part on public land, NAC 527.300.
(g) An estimate of the cost of executing the
			 project plan and mitigation activities.
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › PERMITS › Section 527.290 - Project plan

Current through June 11, 2024
1. The project plan
			 submitted with an application for a permit must contain:
(a) A topographic map of the area of the
			 project and any off-site mitigation activities that identifies:
(1) The boundaries of the area of the
			 proposed project;
(2) The ownership
			 of the surface rights of the land within the project area;
(3) The plants on the list of fully protected
			 species of native flora, designated by species, within the project
			 area;
(4) The existing habitat of
			 all plants, designated by species, on the list of fully protected species of
			 native flora within the project area;
(5) All other vegetation by
			 community;
(6) Existing soils to
			 the extent the information is available;
(7) The areas to be affected by the project
			 in sufficient detail so that the areas can be located from the ground;
			 and
(8) The existing artificially
			 created features and disturbances, including, without limitation, surface
			 facilities, wells, roads, drainage ways, fill material and fencing.
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › PERMITS › Section 527.300 - Acceptance of plan approved by federal land management agency; review of new or amended plan by Division and federal agency

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 2, in lieu of the project plan and mitigation
			 activities plan required pursuant to NAC 527.280, the Division will accept a
			 plan approved by the Bureau of Land Management, United States Forest Service or
			 another federal land management agency only if:
(a) The project plan and mitigation
			 activities will be implemented solely on land administered by the federal land
			 management agency that approved the plan; and
(b) The plan addresses the plants on the list
			 of fully protected species of native flora and the habitat of such plants that
			 will be affected by the proposed project, including, without limitation,
			 mitigation activities specifically directed to the listed species, so that it
			 reasonably can be concluded that the review of the plan by the federal agency
			 was substantially equivalent to the review the Division would give a plan
			 submitted with an application pursuant to NAC 527.280.
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › PERMITS › Section 527.310 - Application: Notification of additional or supplementary information needed

Current through June 11, 2024
1. If the Division requires additional
			 information from an applicant to adequately review an application for a permit,
			 the Division shall notify the applicant within 30 days after the receipt of the
			 application by the Division. The notification must specify the additional
			 information required by the Division.
2. If the Division requires supplementary
			 information in addition to that provided by the applicant in response to a
			 request by the Division pursuant to subsection 1, the Division shall notify the
			 applicant within 15 days after the receipt of the additional information by the
			 Division. The notification must specify the supplementary information required
			 by the Division.
Added to NAC by St.
				Forester Firewarden by R056-01, eff. 11-1-2001
NRS
				  527.050,
				  527.300
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › PERMITS › Section 527.320 - Duration; scope of authorization; limitations on issuance

Current through June 11, 2024
1. Unless a permit is revoked, or the
			 permittee receives notice to cease activity pursuant to NAC 527.420, a permit
			 is valid for the life of the project or until the termination date provided in
			 the permit, if any, whichever occurs first.
2. Except as otherwise stated in the permit,
			 any person who is under the direct control of the permittee as an employee or
			 otherwise may carry out the activity authorized by the permit.
3. In the case of permits issued to a
			 governmental entity, a person is under the direct control of the permittee when
			 the person is within the jurisdiction of the permittee and the permit provides
			 that such a person may carry out the authorized activity.
4. The State Forester may refuse to issue a
			 permit to any person if:
(a) The applicant or
			 its agent has been:
(1) Found in violation of
			 any law or regulation governing the practice of a licensed
			 profession;
(2) Assessed a civil
			 penalty; or
(3) Convicted of any
			 criminal provision of any statute or regulation,
relating to an activity for which the application is filed, if
				such violation, assessment or conviction evidences a lack of responsibility or
				that the applicant is not qualified to hold a permit.
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › PERMITS › Section 527.330 - Comments from public

Current through June 11, 2024
1. Before issuing a
			 permit, the Division, in its sole discretion, may seek comments from the public
			 on a proposed project that may involve the taking of a plant on the list of
			 fully protected species of native flora.
2. The Division may solicit written comments
			 or verbal comments, or both, from the public to the extent and in the manner
			 the Division deems practicable and expedient to assist in determining whether a
			 proposed project is consistent with the program authorized by
			 NRS 527.260
			 to
			 527.300,
			 inclusive.
3. The solicitation and
			 acceptance of public comment by the Division does not:
(a) Alter the criteria or procedure used by
			 the Division to determine whether or not to grant or deny an application for a
			 permit; or
(b) Constitute a
			 hearing.
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › PERMITS › Section 527.340 - Granting, denial, revocation or amendment by Division; request for reconsideration by applicant; decision of State Forester; notification; further reconsideration; final decision by Director

Current through June 11, 2024
1. Within 30
			 days after receiving an application containing the information the Division
			 deems necessary to determine whether or not the issuance of a permit will be
			 consistent with the purposes of
			 NRS
			 527.260 to
			 527.300, inclusive, including,
			 without limitation, all additional or supplementary information requested by
			 the Division, the Division shall notify an applicant in writing that the
			 Division has:
(a) Granted the
			 permit;
(b) Granted the permit
			 subject to additional conditions, including, without limitation, establishing a
			 management area; or
(c) Denied the
			 permit.
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › PERMITS › Section 527.350 - Transfer or assignment of permit

Current through June 11, 2024
1. Except as
			 otherwise provided in this section, a permit issued pursuant to NAC 527.010 to
			 527.500, inclusive, is not transferable or assignable.
2. The Division may approve the transfer or
			 assignment, in whole or in part, of a permit upon the joint request for
			 transfer or assignment by:
(a) The permittee
			 and the proposed transferee; or
(b)
			 In the case of a deceased permittee, the legal representative of the deceased
			 permittee and the proposed transferee.
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › PERMITS › Section 527.360 - Departure from approved project plan: Request to amend permit; fee; amendment by Division on finding of necessity; request for reconsideration by permittee; notification of decision of State Forester; further reconsideration; final decision by Director

Current through June 11, 2024
1. Except as
			 otherwise provided in this section or in the event of an emergency, a permittee
			 may not initiate or continue activities that depart from an approved project
			 plan unless the Division has granted an amendment to the project
			 plan.
2. A permittee desiring to
			 modify any condition of his or her permit must submit to the Division:
(a) A request for amendment;
(b) A written statement that describes the
			 facts supporting the requested amendment; and
(c) Any relevant information supporting the
			 granting of the requested amendment.
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › COMPLIANCE WITH PLAN › Section 527.400 - Consent by permittee to regulation and monitoring of project and inspection of location and records

Current through June 11, 2024
1. Any person
			 accepting and holding a permit issued pursuant to NAC 527.010 to 527.500,
			 inclusive, shall be deemed to acknowledge the necessity for close regulation
			 and monitoring of a project authorized by the Division.
2. By applying for and holding such a permit,
			 the permittee consents to and shall allow entry by agents and employees of the
			 Division upon the premises where the project or any off-site mitigation
			 activities are being conducted at any reasonable hour. The agents or employees
			 of the Division may enter such premises to inspect the location and any books,
			 records or permits required to be kept pursuant to the terms and conditions of
			 a permit issued by the Division.
Added to NAC by St.
				Forester Firewarden by R056-01, eff. 11-1-2001
NRS
				  527.050,
				  527.300
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › COMPLIANCE WITH PLAN › Section 527.410 - Inspection: Notice; failure to cooperate deemed violation; report

Current through June 11, 2024
1. The Division may inspect a project site to
			 determine:
(a) If a permittee is operating in
			 compliance with the terms and conditions of a permit issued by the Division;
			 and
(b) The status of mitigation
			 activities.
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › COMPLIANCE WITH PLAN › Section 527.420 - Notice of non compliance: Cause for issuance; requirement to cease certain activity; withdrawal of notice

Current through June 11, 2024
1. The Division may
			 issue a notice of noncompliance that requires a permittee to cease part or all
			 of the activity authorized by a permit issued by the Division if the Division
			 reasonably believes that:
(a) The permittee
			 has failed to submit timely, accurate or valid reports required by the
			 Division;
(b) The permittee has
			 failed to pay any required fees, costs associated with an agreement for the
			 administration of a management area, or assessed costs or penalties, whether or
			 not such costs or penalties have been reduced to judgment;
(c) The permittee has failed to comply with
			 any term or condition of the permit, or an agreement for administration of a
			 management area, if any;
(d) The
			 permittee is not in compliance with any applicable law, regulation or
			 professional standard governing the conduct or activities authorized by the
			 permit;
(e) The permittee has
			 engaged in any activity that would disqualify the permittee from obtaining the
			 permit; or
(f) The permittee no
			 longer has the qualifications required to hold the permit.
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › REVOCATION OF PERMIT › Section 527.450 - Grounds

Current through June 11, 2024
A permit issued pursuant to the provisions of NAC 527.010 to
				527.500, inclusive, may be revoked if:
1. The permittee violates any provision of
			 this chapter or chapter 527 of NRS.
2. The permittee fails to comply with any
			 term or condition of a permit, or an agreement for administration of a
			 management area, if any.
3. The
			 permittee willfully violates any federal, state, tribal or local law or
			 regulation in the United States or in another country that constitutes a
			 violation of the conditions of the permit or of the laws or regulations
			 governing the permitted activity.
4. The permittee fails to correct
			 deficiencies that were the cause of a notice of noncompliance within 30 days
			 after receipt of the notice, unless the permittee is acting pursuant to a
			 corrective plan of action approved by the Division.
5. The permittee has conducted any activity
			 that would disqualify the permittee from obtaining a permit.
6. The permittee no longer has the
			 qualifications required to hold a permit.
7. A change occurs in the laws authorizing
			 the issuance of a permit that requires the revocation or discontinuation of
			 such a permit.
8. The population of
			 the native plant on the list of fully protected species of native flora for
			 which the permit is issued declines to the extent that continuation of the
			 permitted activity would be detrimental to the maintenance or recovery of the
			 population of the affected species.
Added to NAC by St.
				Forester Firewarden by R056-01, eff. 11-1-2001
NRS
				  527.050,
				  527.300
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › REVOCATION OF PERMIT › Section 527.460 - Notice; written objection by permittee; review; decision by Division; request for reconsideration; decision of State Forester; further reconsideration; final decision of Director

Current through June 11, 2024
1. When the
			 Division believes there are valid grounds for revoking a permit, the permittee
			 must be notified in writing of the proposed revocation by certified or
			 registered mail. The notice must identify the reasons for the proposed
			 revocation and the effective date of the revocation, which must be at least 45
			 days after the date the notice is sent to the permittee by certified or
			 registered mail. The notice must inform the permittee of the right to object to
			 the proposed revocation.
2. Pending
			 the effective date of the revocation of a permit, the Division may also issue a
			 notice of noncompliance and require the permittee to cease a specific activity
			 that is not in compliance with:
(a) The laws
			 or regulations relating to plants on the list of fully protected species of
			 native flora;
(b) The terms or
			 conditions of the permit;
(c) An
			 agreement for administration of a management area; or
(d) A corrective plan of action.
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › PROTECTION OF CACTI AND YUCCA › Section 527.500 - Forms

Current through June 11, 2024
1. The State Forester will use the following
			 forms in administering the laws which provide for the protection of cacti and
			 yucca:
(a) Form A - Desert Flora Harvest
			 Registration Form - Instructions and Definitions.
(b) Form B - Desert Flora Shipping
			 Permit.
(c) Form C - Receipt for
			 Desert Flora Tags.
(d) Form D -
			 Desert Flora Tag - Owner's Receipt.
(e) Form E - Desert Flora Tags and Seals -
			 How to Use.
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › PETITIONS › Section 527.550 - Petition to adopt, amend or repeal regulation: Contents; notification of decision of State Forester

Current through June 11, 2024
1. Any interested
			 person may request that the State Forester adopt, amend or repeal a regulation
			 by submitting a written petition to the Division on a form provided by the
			 Division or in a format that is substantially similar to that form. The
			 petition must include:
(a) The name and
			 mailing address of the petitioner;
(b) The signature of the petitioner and the
			 date the petition was signed;
(c) A
			 statement of the reasons for the proposed adoption, amendment or repeal of the
			 regulation;
(d) An estimate by the
			 petitioner of the economic effect of the regulation to be adopted, amended or
			 repealed on the general public and the business that it regulates or will
			 regulate, including, without limitation, the adverse and beneficial effects,
			 and the immediate and long-term effects;
(e) An estimate by the petitioner of the cost
			 to the Division for enforcement or implementation of the regulation to be
			 adopted, amended or repealed;
(f) A
			 statement concerning the regulations of other federal, state and local
			 governmental agencies that overlap or duplicate the regulation to be adopted,
			 amended or repealed, including, without limitation, a specific reference to any
			 such regulation;
(g) A statement
			 indicating whether the regulation to be adopted, amended or repealed
			 establishes a new fee or increases, reduces or eliminates an existing fee;
			 and
(h) Any other relevant data,
			 views and arguments in support of the petition.
Nevada Administrative Code › Chapter 527 - Protection and Preservation of Timbered Lands, Trees and Flora › PETITIONS › Section 527.560 - Petition for declaratory order or advisory opinion regarding statute, regulation or decision; notification of action taken by State Forester regarding petition; declaratory relief of NRS 233B.110

Current through June 11, 2024
1. Any
			 interested person who alleges that a statute, regulation or decision of the
			 Division interferes with or impairs, or threatens to interfere with or impair,
			 his or her legal rights or privileges, may submit a written petition to the
			 State Forester for a declaratory order or an advisory opinion regarding the
			 applicability of the particular statute, regulation or decision.
2. Within 90 days after a petition for a
			 declaratory order or an advisory opinion is submitted, the State Forester will:
(a) Notify the petitioner in writing of his
			 or her decision to deny the petition, including the reasons for the denial;
			 or
(b) Initiate the preparation of
			 a declaratory order or an advisory opinion concerning the validity of the
			 statute, regulation or decision to be mailed to the petitioner within 30 days
			 after the decision is reached.
Nevada Administrative Code › Chapter 528 - Forest Practice and Reforestation › FOREST PRACTICE › Section 528.010 - Logging, forest product operations: Regulations

Current through June 11, 2024
Every timber owner or operator conducting logging or forest
				product operations within Nevada shall conform to NAC to 528.010528.100,
				inclusive.
Div. of Forestry, part
				Art. A, eff. 1-1-63
Nevada Administrative Code › Chapter 528 - Forest Practice and Reforestation › FOREST PRACTICE › Section 528.020 - Registration

Current through June 11, 2024
1. Registration with the state forester
			 firewarden at least 10 days prior to operations is required of any person who
			 intends to remove for commercial purposes any forest product from state or
			 private lands in Nevada. No work may commence until registration forms have
			 been approved by the state forester firewarden and returned to the
			 operator.
2. All cutting
			 registrations for logging operations within the Lake Tahoe Basin will be
			 submitted by the state forester firewarden to the Nevada Tahoe regional
			 planning agency for consideration prior to approval.
Div. of Forestry, Art. A
				§ 10, eff. 1-1-63 + Reg., eff.
				7-11-69
Nevada Administrative Code › Chapter 528 - Forest Practice and Reforestation › FOREST PRACTICE › Section 528.030 - Fire prevention

Current through June 11, 2024
1. Operations in
			 the woods may not proceed until:
(a) All
			 tractors and other power equipment which may give off sparks and which is used
			 in woods operations is equipped with an effective modern spark arrester of a
			 type meeting the approval of the state forester firewarden and a shovel size 0
			 or larger.
(b) A tool cache,
			 consisting of a minimum of three shovels, two axes and one back pack pump,
			 operable and full of water, must be maintained. On operations employing more
			 than five men, there must be at least a tool per man in the tool cache and of
			 the same proportion as above for each additional five men. These tools must be
			 reserved for fire use only, and kept in a box which has the words "Fire Tools"
			 painted in red in large letters on it.
Nevada Administrative Code › Chapter 528 - Forest Practice and Reforestation › FOREST PRACTICE › Section 528.040 - Forest insect pests and disease

Current through June 11, 2024
1. Every timber
			 owner or operator conducting a logging or cutting operation shall provide
			 reasonable protection against forest insect pests and disease. This must
			 include logging and slash disposal operations that will discourage the build-up
			 of destructive insect populations or the spread of forest disease.
2. All operators shall report to the state
			 forester firewarden the location of any forest pest or disease found in their
			 area of operation.
Div. of Forestry, Art. A
				§ 9, eff. 1-1-63
Nevada Administrative Code › Chapter 528 - Forest Practice and Reforestation › FOREST PRACTICE › Section 528.050 - Cutting practices, prohibitions

Current through June 11, 2024
1. No Christmas
			 trees may be cut within 100 feet of any public road or highway on any state,
			 county or privately owned lands, unless written permission is obtained from the
			 state forester firewarden or his authorized agent.
2. Reserve trees, seed trees and reproduction
			 must not be damaged or destroyed by equipment or falling operations, except
			 where after reasonable inspection it is unavoidable due to safety factors, lean
			 of tree, obstructions, roads, or insufficient openings for falling.
3. All falling must be in line with the
			 skidding direction when reasonably possible.
4. Stumps must be as low as possible but not
			 over 14 inches above the ground line on the side adjacent to the highest
			 ground.
5. All limbs must be lopped
			 within 8 inches of the trunk on the exposed sides of the unutilized portion of
			 all downed trees, when this can be done safely, within a reasonable length of
			 time but not more than 7 days after falling. Slash must be scattered to provide
			 rapid drying to prevent breeding areas for forest insect pests or disease.
			 Slash must not be burned on grades greater than 25 percent without approval of
			 the state forester firewarden.
Div. of Forestry, Art. A
				§§ 1-3, 7 & 8, eff. 1-1-63
Nevada Administrative Code › Chapter 528 - Forest Practice and Reforestation › FOREST PRACTICE › Section 528.060 - Skid trails, roads

Current through June 11, 2024
1. Skid trails and
			 landings must be limited in number and size consistent with economical logging.
			 Skidding must be conducted to prevent unnecessary damage to reserve trees, seed
			 trees and reproduction.
2. All skid
			 trails on slopes exceeding 10 percent must be provided with waterbars
			 acceptable to the state forester firewarden to prevent excessive erosion prior
			 to removal of equipment. The state forester firewarden encourages the use of
			 slash on skid trails to help prevent soil erosion. Waterbars must be
			 constructed at intervals not to exceed 300 feet and less if conditions of
			 topography or soil should require, in order to prevent excessive erosion at all
			 natural drainage points or other critical locations.
3. All roads in the logging area either
			 constructed or utilized for the logging operation must be kept open for fire
			 agency use during entire period of operation. They must be properly waterbarred
			 and drained to prevent excessive erosion after logging operations have been
			 completed and prior to removal of equipment.
Div. of Forestry, Art. A
				§§ 4-6, eff. 1-1-63
Nevada Administrative Code › Chapter 528 - Forest Practice and Reforestation › FOREST PRACTICE › Section 528.070 - Explosives

Current through June 11, 2024
All blasting in forest or high fire hazard areas may be done
				only after issuance of a valid permit as required in paragraph (b) of
				subsection 1 of
				NRS
				528.080. Such blasting must be done in a
				manner to prevent fires of any nature. Detonation must be by electrical means
				only, unless specific permission is authorized in writing by the state forester
				firewarden or his authorized agent.
Div. of Forestry, Art. C,
				eff. 1-1-63
Nevada Administrative Code › Chapter 528 - Forest Practice and Reforestation › FOREST PRACTICE › Section 528.080 - Sawmills

Current through June 11, 2024
No sawmill may be established or operated in a forested area or
				adjacent to a forested area unless the landowner or operator employs the
				following fire prevention practices:
1. Installs a safe sawdust burner in an area
			 which is cleared of vegetation for 300 feet around the burner, or remove the
			 sawdust from the premises concurrently in the course of operations, or spread
			 and mix the sawdust with soil daily in the proportion of 50 percent sawdust and
			 50 percent soil. No lopped limbs or other logging debris may be mixed with
			 sawdust.
2. The slabs resulting
			 from a sawmill operation may not be mixed with sawdust or piled against living
			 trees. Slabs must be piled in an area which is cleared of vegetation for 100
			 feet around the piling area. The slabs must be placed in this area concurrently
			 in the course of operations. The slabs must be removed from the area not later
			 than 10 days after completion of operations or be burned in small piles,
			 whichever the state forester firewarden decides is the safer method according
			 to the season of the year. The slabs may be burned in a safe burner daily if
			 the owner or operator so decides.
3. There must be at least one fire
			 extinguisher at the mill at all times. The extinguisher is to be of the
			 CO2 foam or dry chemical type. It must be inspected by a
			 qualified person and certified to be in operable condition in the past 60 days.
			 The extinguisher must have a certification tag attached to it. In addition
			 there must be at least one 5-gallon back pack can and pump full of water and in
			 operating condition, and at least three good shovels and one axe. This fire
			 equipment must be reserved for fire use only. The shovels and other tools must
			 be placed in a box which has the words "Fire Tools" painted in red on it in
			 large letters.
4. All diesel
			 tractors and other equipment which may throw sparks, operating at the mill or
			 in its vicinity, must be equipped with an effective modern spark arrester of a
			 type meeting the approval of the state forester firewarden and a shovel size 0
			 or larger.
Div. of Forestry, Art. A
				§ 11, eff. 1-1-63
Nevada Administrative Code › Chapter 528 - Forest Practice and Reforestation › FOREST PRACTICE › Section 528.090 - Power saws

Current through June 11, 2024
1. Except as
			 provided in paragraph (b) of subsection 1 of NAC 528.030, each power saw used
			 for any purpose relating to harvesting or removing forest products within a
			 forest or hazard area must be equipped with a serviceable shovel size 0 or
			 larger which must be within 100 feet of the saw during saw operation. Any power
			 saw operation within a forest or hazard area must be reported to a local fire
			 agency or the division of forestry at least 24 hours prior to operations giving
			 the location of use and the name of the operator.
2. All power equipment which may give off
			 sparks and is used in harvesting or removing forest products for noncommercial
			 purposes within a forest or hazard area must be equipped with an efficient
			 muffler or spark arrester.
3.
			 Regulations that apply to the cutting of Christmas trees for commercial use as
			 stated in subsection 1 of NAC 528.050 also apply to the cutting of trees for
			 Christmas trees for use by natural persons.
Div. of Forestry, Art. B,
				eff. 1-1-63
Nevada Administrative Code › Chapter 528 - Forest Practice and Reforestation › REFORESTATION (REPEALED) › Section 528.110 - Sale of plant materials to private landowners (Repealed)

Current through June 11, 2024
Div. of Forestry, eff.
				11-21-79;	R by
				R049-24A,
				eff. 6/6/2024
NRS 528.105
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 532.020 to 532.160, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by St. Engineer by R024-08, eff. 9-18-2008
NRS 532.120
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.060 - "Enforcement cost" defined

Current through June 11, 2024
"Enforcement cost" means an amount of money imposed by the State Engineer pursuant to NRS 533.481, 534.193, 535.200 or 536.200 for any costs of a proceeding, including investigative costs and attorney's fees, incurred by the Division in investigating and stopping a violation.
Added to NAC by St. Engineer by R024-08, eff. 9-18-2008
NRS 532.120
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.080 - "Hearing to show cause" defined

Current through June 11, 2024
"Hearing to show cause" means a hearing between a respondent and the Division to determine the manner in which the respondent acted upon a finding of alleged violation or a violation order issued by the Division to the respondent.
Added to NAC by St. Engineer by R024-08, eff. 9-18-2008
NRS 532.120
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.090 - "Independent advisory committee" defined

Current through June 11, 2024
"Independent advisory committee" means a committee that:
1. Consists entirely of members appointed by the Director of the State Department of Conservation and Natural Resources who have knowledge of and experience in the laws and regulations of this State relating to water; and
2. Is formed to review an appeal of a penalty assessed for a violation.
Added to NAC by St. Engineer by R024-08, eff. 9-18-2008
NRS 532.120
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.100 - "Penalty" defined

Current through June 11, 2024
"Penalty" means an administrative fine imposed by the State Engineer in response to a violation pursuant to NRS 533.481, 534.193, 535.200 or 536.200, as appropriate, which may include a requirement to reimburse enforcement costs pursuant to those sections and a requirement to replace not more than 200 percent of any water unlawfully used, wasted or diverted pursuant to NRS 533.481 or 534.193.
Added to NAC by St. Engineer by R024-08, eff. 9-18-2008
NRS 532.120
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.120 - "Requirement" defined

Current through June 11, 2024
"Requirement" means:
1. Any provision of chapter 533, 534, 535 or 536 of NRS;
2. Any provision of a permit, certificate, order or decision issued or regulation adopted by the State Engineer; or
3. Any provision for the development and use of water from a well for domestic purposes pursuant to NRS 534.013 and 534.180.
Added to NAC by St. Engineer by R024-08, eff. 9-18-2008
NRS 532.120
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.150 - "Violation" defined

Current through June 11, 2024
"Violation" means any act or failure to act which violates a requirement. The term includes, without limitation:
1. Engaging in any activity that is prohibited by or not in compliance with a requirement;
2. Engaging in any activity without a required permit or without approval required to engage in that activity; or
3. The failure to perform a requirement or the failure to perform a requirement in a timely manner.
Added to NAC by St. Engineer by R024-08, eff. 9-18-2008
NRS 532.120
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.160 - "Violation order" defined

Current through June 11, 2024
"Violation order" means a decision issued by the State Engineer in conjunction with a finding of alleged violation which sets forth the required actions and periods of time for the respondent to correct a violation specified in the order.
Added to NAC by St. Engineer by R024-08, eff. 9-18-2008
NRS 532.120
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.180 - Computation of time; extension of time; date on which information that is hand-delivered or mailed is deemed filed; electronic transmission of information not accepted without prior written approval

Current through June 11, 2024
1. In computing any period of time prescribed by this chapter, the day of the act from which the designated period begins is included. The last day of the period so computed is included unless it is a Saturday, Sunday or legal holiday. If the last day is a Saturday, Sunday or legal holiday, the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday. If the period prescribed is less than 7 days, intermediate Saturdays, Sundays or legal holidays are excluded.
2. The State Engineer may extend any time limit contained in this chapter for good cause. All requests for extensions must be submitted in writing within the period specified by the State Engineer.
3. Any information which is hand-delivered to the Division during regular business hours shall be deemed filed on the date of delivery.
4. Any information deposited in the United States mail shall be deemed filed on the date of the postmark on the envelope in which it was mailed, as provided in NRS 238.100.
5. Unless the State Engineer gives prior written approval, any information transmitted electronically will not be accepted for filing.
Added to NAC by St. Engineer by R024-08, eff. 9-18-2008
NRS 532.120, 533.481, 534.193, 535.200, 536.200
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.200 - Violations: Issuance of warning letter; commencement of enforcement action; injunctive relief

Current through June 11, 2024
If a person under the jurisdiction of the Division, including an owner of a well constructed for the development and use of water for domestic purposes, commits a violation, the State Engineer may:
1. Issue a warning letter setting forth the alleged violation and requesting the person to correct the violation;
2. Commence an enforcement action which will include:
(a) A finding of alleged violation which:
(1) Specifies the requirement allegedly violated; and
(2) Supports the allegation with facts determined by the Division; and
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.210 - Additional penalties: Administrative fines; enforcement costs and cost of compliance inspections; calculation

Current through June 11, 2024
1. The State Engineer may assess a penalty not to exceed $10,000 per day for each violation, not including any assessed enforcement costs or requirement to replace any water.
2. The period for which the State Engineer may impose an administrative fine pursuant to NRS 533.481, 534.193, 535.200 or 536.200 begins on the first day the violation occurs and continues to accrue until the day the respondent corrects the violation. In calculating a period of time pursuant to this subsection, the State Engineer will not include delays which are not caused by the respondent.
3. In addition to an administrative fine, the State Engineer may assess enforcement costs and the cost of compliance inspections as follows:
(a) For enforcement costs, time spent to enforce actions surrounding the violation by water enforcement staff, supervisors and the Office of the Attorney General, at the full cost of the hourly rate of each employee, including, without limitation, salary, benefits, overhead and other directly related costs.
(b) For compliance inspections, the amount due based on staff time at the full cost of the hourly rate of the employee, including, without limitation, salary, benefits, overhead and other directly related costs.
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.220 - Additional penalties: Order to replace water

Current through June 11, 2024
1. In addition to any penalty assessed pursuant to NAC 532.210, the State Engineer may, pursuant to NRS 533.481 or 534.193, order the respondent against whom the penalty is assessed to replace not more than 200 percent of any water unlawfully used, wasted or diverted.
2. Before ordering a replacement of water, the State Engineer will consider:
(a) The value or quantity of water unlawfully used, wasted or diverted, including, without limitation, the cost or difficulty of replacing the water;
(b) The gravity of the violation, including, without limitation, any economic injury or impact to other persons;
(c) Whether the respondent attempted to comply with any applicable orders of the State Engineer; and
(d) The economic benefit, if any, derived by the respondent from the violation.
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.230 - Hearings to show cause: Appearance of parties; procedure

Current through June 11, 2024
1. The parties may appear in person at a hearing to show cause and may be represented by counsel. All testimony must be given under oath and recorded.
2. The Division:
(a) Shall determine the order of the presentation of evidence; and
(b) May limit the time and scope of the examination of witnesses and disallow repetitive testimony.
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.240 - Hearings to show cause: Conduct of persons; maintenance of order

Current through June 11, 2024
1. A person who appears at a hearing to show cause shall conform to the recognized standards of ethical and courteous conduct as determined by the Division. All parties to the hearing, their counsel and the spectators shall conduct themselves in a respectful manner.
2. The Division may take any action which it determines is necessary to maintain order during a hearing to show cause, including, without limitation:
(a) Excluding a party or his or her attorney or authorized representative from the hearing;
(b) Excluding a witness from the hearing; and
(c) Limiting the taking of testimony and presentation of evidence during the hearing.
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.250 - Hearing before independent advisory committee: Request; extension of time; notice; final decision

Current through June 11, 2024
1. A respondent may request, in writing, a hearing before an independent advisory committee within 30 days after the date the State Engineer imposes a penalty against the respondent.
2. The independent advisory committee shall schedule a hearing within 30 days after receiving the request, unless the Division extends the time for good cause.
3. The State Engineer, in conjunction with the independent advisory committee, will determine the time, date and location of the hearing and notify the respondent of that fact.
4. The State Engineer will issue a final decision concerning the appeal within 30 days after the hearing.
Added to NAC by St. Engineer by R024-08, eff. 9-18-2008
NRS 532.120, 533.481, 534.193, 535.200, 536.200
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.260 - Proposal of alternative penalties by respondent

Current through June 11, 2024
At any time after a violation is committed, the respondent may propose an alternative penalty for the violation. If it is accepted by the State Engineer, the matter may be resolved pursuant to the proposal.
Added to NAC by St. Engineer by R024-08, eff. 9-18-2008
NRS 532.120, 533.481, 534.193, 535.200, 536.200
Nevada Administrative Code › Chapter 532 - State Engineer › Section 532.270 - Appeals

Current through June 11, 2024
Pursuant to NRS 533.481, 534.193, 535.200 or 536.200, as appropriate, the respondent may appeal any order or decision of the State Engineer to a district court.
Added to NAC by St. Engineer by R024-08, eff. 9-18-2008
NRS 532.120, 533.481, 534.193, 535.200, 536.200
Nevada Administrative Code › Chapter 533 - ADJUDICATION OF VESTED WATER RIGHTS; APPROPRIATION OF PUBLIC WATERS › GENERAL PROVISIONS › Section 533.010 - Scope; construction; deviation from requirements

Current through June 11, 2024
1. The provisions of this chapter:
(a) Govern the practice and procedure of hearings before the State Engineer on protests against applications to appropriate water or to change the place of diversion, manner of use or place of use of an existing water right under NRS 533.365.
(b) Are intended to be liberally construed to secure the just, speedy and economical determination of all issues presented to the State Engineer.
Nevada Administrative Code › Chapter 533 - ADJUDICATION OF VESTED WATER RIGHTS; APPROPRIATION OF PUBLIC WATERS › GENERAL PROVISIONS › Section 533.020 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 533.030 to 533.090, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by St. Engineer, eff. 2-8-95
Nevada Administrative Code › Chapter 533 - ADJUDICATION OF VESTED WATER RIGHTS; APPROPRIATION OF PUBLIC WATERS › GENERAL PROVISIONS › Section 533.030 - "Applicant" defined

Current through June 11, 2024
"Applicant" means a person seeking to appropriate water or to change the place of diversion, manner of use or place of use of an existing water right by filing an appropriate application with the State Engineer.
Added to NAC by St. Engineer, eff. 2-8-95
Nevada Administrative Code › Chapter 533 - ADJUDICATION OF VESTED WATER RIGHTS; APPROPRIATION OF PUBLIC WATERS › GENERAL PROVISIONS › Section 533.060 - "Person presenting public comment" defined

Current through June 11, 2024
"Person presenting public comment" means a person attending the hearing and expressing:
1. General support or opposition regarding a particular project proposal, application, protest to an application or comment on the facts already in evidence or on any related public policy; or
2. An opinion regarding the adequacy of environmental documents relating to the hydrologic effects of a project presented for consideration to the State Engineer.
Added to NAC by St. Engineer, eff. 2-8-95; A by R129-08, 2-11-2009
NRS 532.120, 533.365
Nevada Administrative Code › Chapter 533 - ADJUDICATION OF VESTED WATER RIGHTS; APPROPRIATION OF PUBLIC WATERS › GENERAL PROVISIONS › Section 533.070 - "Protest hearing" defined

Current through June 11, 2024
"Protest hearing" means a hearing before the State Engineer on a protest against an application to appropriate water or to change the place of diversion, manner of use or place of use of an existing water right.
Added to NAC by St. Engineer, eff. 2-8-95
Nevada Administrative Code › Chapter 533 - ADJUDICATION OF VESTED WATER RIGHTS; APPROPRIATION OF PUBLIC WATERS › GENERAL PROVISIONS › Section 533.080 - "Protestant" defined

Current through June 11, 2024
"Protestant" means a person filing a protest pursuant to NRS 533.365 with the Office of the State Engineer against an application to appropriate water or to change the place of diversion, manner of use or place of use of an existing water right, or a successor in interest to a protestant as set forth in NRS 533.370.
Added to NAC by St. Engineer, eff. 2-8-95; A by R129-08, 2-11-2009
NRS 532.120, 533.365, 533.370
Nevada Administrative Code › Chapter 533 - ADJUDICATION OF VESTED WATER RIGHTS; APPROPRIATION OF PUBLIC WATERS › GENERAL PROVISIONS › Section 533.090 - "State Engineer" defined

Current through June 11, 2024
"State Engineer" has the meaning ascribed to it in NRS 533.015 and, for the purposes of this chapter, includes a person designated by the State Engineer to preside over a protest hearing.
Added to NAC by St. Engineer, eff. 2-8-95