[Rev. 11/21/2013 12:17:29 PM--2013]

CHAPTER 528 - FOREST PRACTICE AND REFORESTATION

FOREST PRACTICE

NRS 528.010           Short title.

NRS 528.012           Definitions.

NRS 528.013           “Adequately stocked” defined.

NRS 528.014           “d.b.h.” defined.

NRS 528.015           “Director” defined.

NRS 528.016           “Division” defined.

NRS 528.017           “Dry season” defined.

NRS 528.018           “Lop” defined.

NRS 528.019           “Old growth” defined.

NRS 528.021           “Operating area” defined.

NRS 528.022           “Prior-cut” defined.

NRS 528.023           “Seed tree” defined.

NRS 528.024           “Slash” defined.

NRS 528.025           “Snag” defined.

NRS 528.0255         “Stream” defined.

NRS 528.026           “Thrifty trees” defined.

NRS 528.0265         “Tractor” defined.

NRS 528.027           “Young growth” defined.

NRS 528.030           Statement of purposes.

NRS 528.040           Administration by State Forester Firewarden.

NRS 528.042           Logging permit: Requirement; application.

NRS 528.043           Logging permit: Logging plan; performance bond.

NRS 528.044           Logging permit: Issuance; denial; hearing after denial; return of performance bond.

NRS 528.045           Logging permit: Duration; renewal.

NRS 528.046           Logging permit: Reduction of performance bond.

NRS 528.047           Logging permit: Suspension and revocation.

NRS 528.048           Variance required for logging with tractor on certain slopes.

NRS 528.050           Cutting practices.

NRS 528.053           Certain activities prohibited near bodies of water; exceptions.

NRS 528.055           Control of erosion: Location and construction of skid trails, landings, roads and firebreaks.

NRS 528.0551         Control of erosion: Water breaks and culverts required.

NRS 528.0552         Control of erosion: Outsloped drainage in lieu of water breaks or culverts.

NRS 528.0553         Control of erosion: Hand maintenance required in absence of other structures.

NRS 528.0554         Control of erosion: Use of slash to retard water flow.

NRS 528.057           Seeding of trails, roads and landings required on completion of operations.

NRS 528.060           Rules and regulations of State Forester Firewarden.

NRS 528.070           Required practices to prevent and suppress fire.

NRS 528.080           Additional practices required during fire season.

NRS 528.082           Timberland conversion certificate: Required for conversion of timber lands to other use; application.

NRS 528.083           Timberland conversion certificate: Conversion plan; affidavit; performance bond.

NRS 528.084           Timberland conversion certificate: Issuance; denial; hearing after denial; return of performance bond.

NRS 528.085           Timberland conversion certificate: Contents; not transferable; renewal.

NRS 528.086           Timberland conversion certificate: Copy to be furnished to timber operator before commencing operations.

NRS 528.087           Timberland conversion certificate: Reduction of performance bond.

NRS 528.088           Timberland conversion certificate: Suspension and revocation.

NRS 528.090           Penalty.

REFORESTATION

NRS 528.091           Definitions.

NRS 528.092           “Conservation plant materials” defined.

NRS 528.093           “Desert forestry” defined.

NRS 528.095           “Production” defined.

NRS 528.096           “Public property” defined.

NRS 528.097           “Reforestation” defined.

NRS 528.098           “Urban forestry” defined.

NRS 528.100           Cooperative agreements for establishment of nurseries; Fund for Forest Nurseries.

NRS 528.105           Operation and management of state nurseries by State Forester Firewarden; powers; penalty.

NRS 528.107           Buildings, equipment and personnel for state nurseries.

NRS 528.110           Boards of county commissioners authorized to enter into cooperative agreements to establish cooperative nurseries.

NRS 528.115           Cooperative agreements for research and dissemination of information.

NRS 528.120           Land suitable for program of conservation: Negotiation for acceptance; revegetation, protection and management on behalf of State.

LAKE TAHOE BASIN

NRS 528.150           Report concerning fire prevention and forest health in Lake Tahoe Basin; contents of report. [Effective through September 30, 2015, and after that date if: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective through September 30, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future, and effective after September 30, 2017, if those events take place by September 30, 2017.]

NRS 528.150           Report concerning fire prevention and forest health in Lake Tahoe Basin; contents of report. [Effective October 1, 2015, unless: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) before October 1, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective October 1, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]

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FOREST PRACTICE

      NRS 528.010  Short title.  NRS 528.010 to 528.090, inclusive, may be cited as the Nevada Forest Practice Act of 1955.

      [1:355:1955]—(NRS A 1971, 1448)

      NRS 528.012  Definitions.  As used in this chapter, unless the context otherwise requires, the terms defined in NRS 528.013 to 528.027, inclusive, have the meanings ascribed to them in such sections.

      (Added to NRS by 1971, 754; A 1973, 1154)

      NRS 528.013  “Adequately stocked” defined.  “Adequately stocked” means a stand having sound, thrifty trees well distributed over the growing area (rocky areas, meadows and bodies of water excepted) in which one or a combination of the following listed conditions are met:

      1.  420 trees per acre, 12 inches in height, but less than 4 inches d.b.h. (10 feet average spacing).

      2.  150 trees per acre, 4 to 6 inches d.b.h. (17 feet average spacing).

      3.  75 trees per acre, 8 to 10 inches d.b.h. (24 feet average spacing).

      4.  40 trees per acre, 12 inches d.b.h. or larger (31 feet average spacing).

      (Added to NRS by 1971, 754)

      NRS 528.014  “d.b.h.” defined.  “d.b.h.” means “diameter breast high” measured outside the bark at 4.5 feet above average ground level.

      (Added to NRS by 1971, 755)

      NRS 528.015  “Director” defined.  “Director” means the Director of the State Department of Conservation and Natural Resources.

      (Added to NRS by 1971, 755)

      NRS 528.016  “Division” defined.  “Division” means the Division of Forestry of the State Department of Conservation and Natural Resources.

      (Added to NRS by 1971, 755)

      NRS 528.017  “Dry season” defined.  “Dry season” means that period of the year from the time fires will spread in the spring until there is no longer danger of spreading in the fall.

      (Added to NRS by 1971, 755)

      NRS 528.018  “Lop” defined.  “Lop” means severing all limbs from the exposed sides of the unutilized portions of trees felled in harvesting operations so that portions of the severed limbs are in contact with the ground.

      (Added to NRS by 1971, 755)

      NRS 528.019  “Old growth” defined.  “Old growth” refers to stands of essentially undisturbed virgin timber on which less than 25 percent of the volume has been removed by cutting, fire or other causes.

      (Added to NRS by 1971, 755)

      NRS 528.021  “Operating area” defined.  “Operating area” means any of the following:

      1.  A strip of land 100 feet on each side of the centerline of any private logging-truck road.

      2.  Any area occupied by or within one-quarter mile of any active logging camp or active sawmill, or upon which construction work is in progress, and owned or controlled by the operator.

      3.  That area on which timber or forest operations are being carried on during the current season.

      (Added to NRS by 1971, 755)

      NRS 528.022  “Prior-cut” defined.  “Prior-cut” refers to stands from which 25 to 70 percent of virgin timber has been removed for at least 10 years by cutting, fire or other causes.

      (Added to NRS by 1971, 755)

      NRS 528.023  “Seed tree” defined.  “Seed tree” means a firm coniferous tree with full crown now capable of producing seed.

      (Added to NRS by 1971, 755)

      NRS 528.024  “Slash” defined.  “Slash” means split product material, branches, limbs or stems of any species left in the harvest area as a result of current timber harvesting.

      (Added to NRS by 1971, 755; A 1973, 1154)

      NRS 528.025  “Snag” defined.  “Snag” means a standing dead tree or standing section thereof.

      (Added to NRS by 1971, 755)

      NRS 528.0255  “Stream” defined.  “Stream” means a natural watercourse designated by a solid line or dash and three dot symbol shown in blue on the most recently published United States Geological Survey 7.5 minute series topographic map.

      (Added to NRS by 1973, 1153)

      NRS 528.026  “Thrifty trees” defined.  “Thrifty trees” means trees with usually long, full, pointed tops and lower limbs frequently dead, but containing very few dead limbs in the upper green portion of the crown. Such trees usually fall within Dunning’s tree classes 1 and 2, and Keen’s tree classes 1a, 1b, 2a and 2b.

      (Added to NRS by 1971, 755)

      NRS 528.0265  “Tractor” defined.  “Tractor” means a 4-wheeled or caterpillar-tread, rider-controlled automotive vehicle used primarily for drawing or propelling logs or other wood products.

      (Added to NRS by 1973, 1153)

      NRS 528.027  “Young growth” defined.  “Young growth” refers to stands composed mainly of young, thrifty trees from which 70 percent or more of virgin timber has been removed for at least 10 years by cutting, fire or other causes.

      (Added to NRS by 1971, 755)

      NRS 528.030  Statement of purposes.

      1.  NRS 528.010 to 528.090, inclusive, are adopted:

      (a) To establish minimum standards of forest practice and to require compliance therewith by every timber owner or operator.

      (b) To promote the sustained productivity of the forests of the Sierra Nevada Mountains in Nevada.

      (c) To preserve the natural water supply of the State in the interests of the economic welfare of the State.

      2.  The provisions of NRS 528.010 to 528.090, inclusive, shall not be construed in any way to condone any activity which causes significant degradation of water quality.

      [3:355:1955]—(NRS A 1971, 1448; 1973, 1154)

      NRS 528.040  Administration by State Forester Firewarden.  The State Forester Firewarden shall administer the provisions of NRS 528.010 to 528.090, inclusive, and may exercise all powers necessary to accomplish their purposes and intent.

      [4:355:1955]—(NRS A 1971, 1449; 1977, 1169)

      NRS 528.042  Logging permit: Requirement; application.

      1.  Prior to any logging or cutting operation, any timber owner or the agent of the timber owner shall secure a logging permit from the State Forester Firewarden.

      2.  Application for such permit shall be made to the nearest office of the Division of Forestry of the State Department of Conservation and Natural Resources.

      (Added to NRS by 1971, 1445)

      NRS 528.043  Logging permit: Logging plan; performance bond.  An application for a logging permit shall be accompanied by:

      1.  A logging plan including, but not limited to, the following information:

      (a) An accurate topographical map showing exterior boundaries of the areas to be logged and the roads, structures and landings, existing and proposed.

      (b) The volume of timber to be removed.

      (c) The time required for removal of such volume.

      (d) The specification as to the percentage of merchantable volume to be removed and the composition of any residual stand.

      (e) The revegetation plan, if applicable.

      (f) The slash-disposal and cleanup plans.

      (g) The road construction specifications and erosion control measures.

      (h) An outline of the fire prevention and protection plans and procedures.

      (i) A description of tools and equipment suitable and available for fire fighting, and the number of persons normally available for fire fighting.

      2.  If a variance is requested pursuant to NRS 528.048, the applicant shall also furnish the State Forester Firewarden with information and data regarding:

      (a) Soil characteristics;

      (b) Reproduction capability of the area;

      (c) Ground and litter cover;

      (d) Soil erosion hazards;

      (e) Natural drainage features;

      (f) Percent of gradient and aspect of slopes;

      (g) Description of the method of logging and equipment to be used; and

      (h) Such other information as the State Forester Firewarden may require.

      3.  A performance bond in an amount set by the State Forester Firewarden and based upon the contract price or value of the timber to be cut, which shall be conditioned upon compliance with all provisions of the logging permit, and shall be approved as to form and sufficiency by the State Forester Firewarden.

      (Added to NRS by 1971, 1445; A 1973, 460)

      NRS 528.044  Logging permit: Issuance; denial; hearing after denial; return of performance bond.

      1.  Within 45 days after the receipt of an application for a logging permit, the State Forester Firewarden shall either:

      (a) Issue an original logging permit subject to such conditions or recommendations as the State Forester Firewarden may deem necessary; or

      (b) Deny such permit for any of the following reasons:

             (1) The applicant is not the real party in interest.

             (2) Material misrepresentation or false statement in the application.

             (3) Failure to comply with the forest practice rules or regulations.

             (4) The logging operation as planned will cause significant soil erosion and siltation.

             (5) Failure to correct a violation of a previously issued permit within a period of 3 years prior to the current application.

             (6) Inadequate performance bond.

      2.  Within 10 days after the receipt of any denial, an applicant may request a hearing with the State Forester Firewarden.

      3.  Upon any final denial, any performance bond shall be returned to the applicant.

      (Added to NRS by 1971, 1446)

      NRS 528.045  Logging permit: Duration; renewal.  Any original logging permit shall be for the period of January 1 through December 31 of the year of issuance, or for any remaining portion of such period. Such permit may be renewed upon request of the applicant, and any acceptable alternate logging plan may be submitted for consideration.

      (Added to NRS by 1971, 1446)

      NRS 528.046  Logging permit: Reduction of performance bond.  Upon application, the State Forester Firewarden may reduce any performance bond required under NRS 528.043 in an amount proportionately equal to the number of acres adequately seeded or reforested out of the total acres covered by the logging permit.

      (Added to NRS by 1971, 1446)

      NRS 528.047  Logging permit: Suspension and revocation.  Any logging permit may be suspended or revoked for any of the following reasons:

      1.  Failure to comply with:

      (a) The forest practice rules or regulations;

      (b) The conditions of the permit;

      (c) The original logging plan; or

      (d) Any accepted alternate logging plan.

      2.  Refusal to allow any inspection by the State Forester Firewarden or the agent of the State Forester Firewarden.

      3.  Inadequate performance bond.

      (Added to NRS by 1971, 1446)

      NRS 528.048  Variance required for logging with tractor on certain slopes.

      1.  No person may engage in tractor logging on a slope whose gradient is 30 percent or more without first obtaining a variance from the State Forester Firewarden.

      2.  The State Forester Firewarden shall act on a request for a variance within 45 days after receipt of a proper application, which shall include the information required by subsection 2 of NRS 528.043. If a variance is granted, it is subject to such conditions and requirements as the State Forester Firewarden may prescribe.

      3.  In acting on a request for a variance, the State Forester Firewarden shall consider the following factors:

      (a) The extent to which tractor logging may destroy advanced regeneration and litter cover;

      (b) The extent to which tractor logging may cause soils to be displaced or erode; and

      (c) The extent to which tractor logging may cause siltation and eroded soils to infiltrate the 200-foot stream buffer.

      4.  An applicant may request a hearing before the State Forester Firewarden within 10 days after the denial of a request for a variance.

      5.  Upon any final denial, any performance bond shall be returned to the applicant.

      (Added to NRS by 1973, 459)

      NRS 528.050  Cutting practices.  The cutting practices of every timber owner or operator conducting logging operations within this state shall conform to the following:

      1.  Areas of old-growth timber shall have reserved and left uncut for future crops all sound, immature trees 18 inches d.b.h. or less, with an average of not less than 10 satisfactorily located seed trees 18 inches d.b.h. or larger to be left per acre, and no area will be more than one-eighth mile from seed source unless the area is adequately stocked. Seed trees shall be approved by the State Forester Firewarden.

      2.  Areas of young-growth and prior-cut timber harvested for saw logs and veneer logs shall have reserved and left uncut for future crops all sound, immature trees of 18 inches d.b.h. or less, with an average of not less than 10 satisfactorily located seed trees 18 inches d.b.h. or larger to be left per acre, and no area will be more than one-eighth mile from the seed source unless the area is adequately stocked. Seed trees shall be approved by the State Forester Firewarden.

      3.  On areas of young-growth and prior-cut timber where forest products other than saw logs and veneer logs are being harvested an adequately stocked stand shall be left.

      4.  The following may be cut regardless of size:

      (a) Trees with dead tops.

      (b) Trees with butt burns, with over half of the circumference burned and exposed wood showing decay.

      (c) Trees with bad lightning scars.

      (d) Trees infested with insects or disease.

      (e) Trees injured or broken during operations.

      (f) Trees to be removed for purpose of clearing of rights-of-way, landings, campsites or firebreaks.

      (g) Excessively crooked trees.

      (h) Suppressed trees with less than 25 percent crown.

      5.  No tractor logging shall be conducted on saturated soils.

Ê The provisions of this section do not apply if trees are being removed to change the use of the land from forest production to another use, but the timber owner or the agent of the timber owner shall obtain a timberland conversion certificate as provided in this chapter.

      [5:355:1955]—(NRS A 1961, 165; 1971, 1449; 1973, 461)

      NRS 528.053  Certain activities prohibited near bodies of water; exceptions.

      1.  No felling of trees, skidding, rigging or construction of tractor or truck roads or landings, or the operation of vehicles, may take place within 200 feet, measured on the slope, of the high-water mark of any lake, reservoir, stream or other body of water unless a variance is first obtained from a committee composed of the State Forester Firewarden, the Director of the Department of Wildlife and the State Engineer.

      2.  The committee may grant a variance authorizing any of the activities prohibited by subsection 1 within a 200-foot buffer area if the committee determines that the goals of conserving forest resources and achieving forest regeneration, preserving watersheds, reaching or maintaining water quality standards adopted by federal and state law, continuing water flows, preserving and providing for the propagation of fish life and stream habitat and preventing significant soil erosion will not be compromised.

      3.  In acting on a request for such variances, the committee shall consider the following factors:

      (a) The extent to which such requested activity is consistent with good forestry management for the harvesting of timber;

      (b) The extent to which such requested activity significantly impedes or interrupts the natural volume and flow of water;

      (c) The extent to which such requested activity significantly affects a continuation of the natural quality of the water pursuant to state and federal water quality standards;

      (d) The extent to which such requested activity is consistent with the prevention of significant soil erosion;

      (e) The extent to which such requested activity may significantly obstruct fish passage, cause sedimentation in fish spawning areas, infringe on feeding and nursing areas and cause variations of water temperatures; and

      (f) The filtration of sediment-laden water as a consequence of timber harvesting on adjacent slopes.

      (Added to NRS by 1971, 1446; A 1973, 461; 1979, 913; 1993, 1700; 2003, 1580)

      NRS 528.055  Control of erosion: Location and construction of skid trails, landings, roads and firebreaks.

      1.  Tractor skid trails, landings, logging truck roads and firebreaks shall be so located, constructed, used and left after timber harvesting that erosion caused by water flow therefrom and water flow in natural watercourses shall be limited to a reasonable minimum that will not impair the productivity of the soil or appreciably diminish the quality of the water.

      2.  Roadside berms shall be constructed where necessary to guide surface water flow to the point of planned diversion required by NRS 528.0551 and 528.0552, and to prevent unnecessary erosion of fills and side cast material.

      (Added to NRS by 1973, 1153)

      NRS 528.0551  Control of erosion: Water breaks and culverts required.

      1.  Except as provided in NRS 528.0552, 528.0553 and 528.0554, water breaks or culverts, or both, shall be constructed for all logging truck roads, tractor skid trails and firebreaks no later than November 15 of each year. Water breaks or culverts, or both, shall:

      (a) Be located in minimal fill areas;

      (b) Be effective in diverting surface water from logging truck roads, tractor skid trails and firebreaks;

      (c) Provide unrestricted discharge into an area having sufficient filter capacity to effectively remove water-borne sediment to prevent a serious risk of causing significant degradation of water quality; and

      (d) Be installed at such intervals as are necessary to reasonably prevent surface water on or from such logging truck roads, tractor skid trails and firebreaks from accumulating in sufficient volume or accelerating to sufficient velocity to cause excessive erosion. The following guidelines shall be considered in determining reasonable water break or culvert intervals:

             (1) On grades of 10 percent or less, intervals of 100 to 200 feet;

             (2) On grades of 11 to 25 percent, intervals of 75 to 150 feet;

             (3) On grades of 26 to 49 percent, intervals of 50 to 100 feet; and

             (4) On grades of 50 percent or more, intervals of 30 to 75 feet.

      2.  Advance flagging of water break or culvert locations shall be provided wherever necessary to insure that the location and spacing of the water breaks or culverts, or both, is adequate to prevent water flow from creating a serious risk of causing significant degradation of water quality.

      3.  On permanent truck roads, water breaks or culverts, or both, shall be cut a minimum of 12 inches into the firm road surface and shall be constructed so that they will not be rendered ineffective by the passage of motorized vehicles.

      (Added to NRS by 1973, 1153)

      NRS 528.0552  Control of erosion: Outsloped drainage in lieu of water breaks or culverts.

      1.  Outsloped drainage structures may be constructed in lieu of water breaks or culverts. Such structures may be outsloped dips or the entire traveled surface may be outsloped with sections of berm removed at periodic intervals to permit water to flow from the traveled surface.

      2.  The requirements of NRS 528.0551 with respect to the time for construction and the location and spacing of water breaks and culverts shall apply to outsloped drainage structures constructed pursuant to the provisions of subsection 1.

      (Added to NRS by 1973, 1154)

      NRS 528.0553  Control of erosion: Hand maintenance required in absence of other structures.  If weather or soil conditions, or both, prevent installation of water breaks, culverts or outsloped drainage structures, or any combination thereof, prior to November 15 of each year as required by NRS 528.0551 and 528.0552, the drainage of truck roads, tractor trails and firebreaks shall be maintained by hand to prevent excessive erosion until permanent facilities can be installed.

      (Added to NRS by 1973, 1154)

      NRS 528.0554  Control of erosion: Use of slash to retard water flow.  Wherever terrain or any other factor precludes proper diversion of water flow from tractor trails as required by NRS 528.0551 and 528.0552, slash shall be scattered on such tractor trails in sufficient quantity to retard water flow thereon and hold erosion to a minimum.

      (Added to NRS by 1973, 1154)

      NRS 528.057  Seeding of trails, roads and landings required on completion of operations.

      1.  Every timber owner or operator, upon completion of his or her logging or cutting operation, shall sow suitable grass seed on skid trails, skid roads, unmaintained tractor and truck roads and landings to help maintain the productive condition of the cut-over timberlands. Drill seedings shall be done where feasible.

      2.  The seed shall:

      (a) Be approved by the State Forester Firewarden;

      (b) Not be sown during windy weather or when the ground is frozen or under any other unsuitable conditions; and

      (c) Be spread evenly at not less than 12 pounds per acre in the spring when moisture conditions are favorable.

      (Added to NRS by 1971, 1446)

      NRS 528.060  Rules and regulations of State Forester Firewarden.  For the purpose of protecting from damage those trees required to be left for reserve and to leave cut-over timberland in a productive condition and to regulate timberland conversion, the State Forester Firewarden:

      1.  Shall make reasonable rules in relation to stump heights, felling of trees, skid trails and skid roads, tractor and truck roads, landings and rigging as the State Forester Firewarden deems wise and necessary.

      2.  May adopt such regulations as are necessary to carry out the provisions of NRS 528.010 to 528.090, inclusive.

      [6:355:1955]—(NRS A 1961, 166; 1971, 1450; 1977, 1169)

      NRS 528.070  Required practices to prevent and suppress fire.  The fire prevention and suppression practices of every timber owner or operator conducting logging operations in this State shall conform to the following:

      1.  All such owners or operators shall fell all snags over 20 feet in height which are 16 inches d.b.h. or larger concurrently with the felling of live merchantable timber on forest lands in this State. However, in salvaging fire-killed or insect-killed timber where the average number of snags, after logging, will be greater than four per acre, the owner or operator shall dispose of only an average of four snags per acre.

      2.  All limbs from unutilized portions of trees and reproduction, felled or knocked down by logging or construction, within 100 feet of the traveled surface of any public road and main logging roads shall be lopped and scattered currently in the course of operations. In areas where a timber owner or operator chooses to pile and burn lopped slash, the slash shall be piled and burned where the burning will not damage residual trees or reproduction. The piled slash shall be burned at a safe time as determined by the State Forester Firewarden. Piles that fail to burn clean shall be repiled and burned. All reasonable precautions shall be taken to confine such burning to the piled slash.

      [7:355:1955]

      NRS 528.080  Additional practices required during fire season.

      1.  Every timber owner or operator operating during the fire season shall have a fire protection organization and program for the prevention and suppression of fires on operating areas. The timber owner or operator shall make immediate and continuing attack on all forest fires occurring in his or her operating area and upon adjacent lands owned or controlled by the operator, employing his or her normal logging crew and equipment to the extent necessary to suppress such fires, and he or she shall observe the following practices:

      (a) Perform loading, equipment servicing, welding and other hazardous operations over bare ground that extends at least 10 feet on all sides from such operations.

      (b) Obtain permits for blasting from the local forest officer, as required by law. A worker shall remain on the scene for at least 1 hour following any blasting.

      (c) Each year the owner or operator shall give written notice to the State Forester Firewarden of the owner’s or operator’s intent to commence logging operations on a specified area, prior to the commencement of operations. The State Forester Firewarden shall then furnish a standard fire plan form which the operator shall fill out and return to the State Forester Firewarden not later than 10 days prior to commencement of operations.

      2.  The fire plan shall be observed and shall include at least the following:

      (a) Names of all personnel having responsibility in fire suppression, indicating their duties and line of authority.

      (b) Location and number of persons ordinarily available for fire fighting.

      (c) Arrangement for receiving reports of fires at any and all times during the dry season, and arrangement for summoning the crew both on and off shift.

      (d) Lists showing the type, number and location of tools and equipment reserved for use only on fires, and, also, those units of regular operating equipment that may be used for fire fighting.

      (e) Legal description of logging area.

      3.  The State Forester Firewarden may promulgate such additional reasonable rules and regulations as he or she may deem necessary.

      [8:355:1955]

      NRS 528.082  Timberland conversion certificate: Required for conversion of timber lands to other use; application.

      1.  Any person, firm, partnership, association or corporation owning timberland which is to be devoted to any use other than the growing of timber shall file an application for a timberland conversion certificate with the State Forester Firewarden.

      2.  Such application shall be on a form prescribed by the State Forester Firewarden and shall include the following information:

      (a) The name of the timberland owner of record, and his or her address.

      (b) The legal description of the land to be converted.

      (c) The approximate number of acres to be converted.

      (Added to NRS by 1971, 1447)

      NRS 528.083  Timberland conversion certificate: Conversion plan; affidavit; performance bond.  An application for a timberland conversion certificate shall be accompanied by the following:

      1.  A conversion plan on a form prescribed by the State Forester Firewarden, which shall set forth in detail information pertaining to:

      (a) The present and future use of such land;

      (b) The soil and topography of such land;

      (c) The conversion techniques;

      (d) The conversion time schedule; and

      (e) Such other information as the State Forester Firewarden may require.

      2.  An affidavit on a form prescribed by the State Forester Firewarden, which shall include:

      (a) The name of the applicant;

      (b) The nature of the use to which such land is to be devoted;

      (c) The dates when such conversion is to commence and be completed; and

      (d) The signature of the applicant.

      3.  A performance bond of not less than an amount equal to $75 for each acre of the land to be converted, which shall be conditioned on compliance with the provisions of the timberland conversion certificate, and shall insure the cost of any needed stabilization, revegetation or rehabilitation work. Such performance bond shall be in one of the following forms:

      (a) A surety bond with a surety qualified to do business in this state.

      (b) A personal bond accompanied by a deposit of:

             (1) Cash, a cashier’s check or a money order in the required amount; or

             (2) Negotiable securities acceptable to the State Forester Firewarden in the required amount together with a power of attorney in favor of the State Forester Firewarden to sell such securities in the event of default.

      (c) An individual surety executed on a form prescribed by the State Forester Firewarden and guaranteed by at least two persons of financial standing acceptable to the State Forester Firewarden.

      4.  Such additional information as the applicant may desire to submit or as the State Forester Firewarden may require.

      (Added to NRS by 1971, 1447)

      NRS 528.084  Timberland conversion certificate: Issuance; denial; hearing after denial; return of performance bond.

      1.  If the information and proof submitted is satisfactory to the State Forester Firewarden and is verified by records and field examination, the State Forester Firewarden shall issue a timberland conversion certificate to the applicant.

      2.  The State Forester Firewarden may deny such certificate for any of the following reasons:

      (a) Material misrepresentation or false statement in the application, affidavit, conversion plan or any other material submitted as proof that the timberlands in question are to be devoted to other than a timber-growing use.

      (b) Failure to comply with the forest practice rules or regulations.

      (c) Failure to give satisfactory proof that the timberlands being cut or to be cut are to be devoted to other than timber-growing use.

      (d) Failure to give satisfactory proof that adequate provision will be made to stabilize, revegetate or rehabilitate disturbed soils in order to minimize erosion, flooding or other damage to the watershed.

      (e) Inadequate performance bond.

      3.  Within 10 days after the receipt of any denial, an applicant may request a hearing with the State Forester Firewarden.

      4.  Upon any final denial, any performance bond shall be returned to the applicant.

      (Added to NRS by 1971, 1447)

      NRS 528.085  Timberland conversion certificate: Contents; not transferable; renewal.

      1.  A timberland conversion certificate shall include:

      (a) The name and address of the holder.

      (b) The legal description of the land to which it is applicable.

      (c) The period of time for which it is valid.

      (d) Any exemption granted from any provision of this chapter or any forest practice rule or regulation.

      (e) Any additional conditions or requirements imposed.

      2.  Such certificate is not transferable or assignable, but may be renewed by the holder upon a satisfactory showing of cause and necessity.

      (Added to NRS by 1971, 1448)

      NRS 528.086  Timberland conversion certificate: Copy to be furnished to timber operator before commencing operations.  Prior to any logging or cutting operation on any land covered by a timberland conversion certificate, the holder shall furnish a copy of such certificate to any timber operator harvesting forest products on such land.

      (Added to NRS by 1971, 1448)

      NRS 528.087  Timberland conversion certificate: Reduction of performance bond.  Upon application, the State Forester Firewarden may reduce any performance bond required under NRS 528.083 in an amount proportionately equal to the number of acres adequately stabilized, revegetated or rehabilitated out of the total acres covered by the timberland conversion certificate.

      (Added to NRS by 1971, 1448)

      NRS 528.088  Timberland conversion certificate: Suspension and revocation.  Any timberland conversion certificate may be suspended or revoked for:

      1.  Failure to comply with the conditions of the certificate.

      2.  Any reason for which a certificate may be denied.

      (Added to NRS by 1971, 1448)

      NRS 528.090  Penalty.  Any person who violates any of the provisions of NRS 528.010 to 528.090, inclusive, or any of the rules or regulations made under the authority of NRS 528.010 to 528.090, inclusive, is guilty of a misdemeanor.

      [9:355:1955]—(NRS A 1971, 1463; 1973, 1154; 1979, 1486; 1985, 305)

REFORESTATION

      NRS 528.091  Definitions.  As used in NRS 528.091 to 528.120, inclusive, unless the context otherwise requires, the terms defined in NRS 528.092 to 528.098, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1975, 528; A 1985, 695)

      NRS 528.092  “Conservation plant materials” defined.  “Conservation plant materials” means those trees, shrubs and plants used for:

      1.  Well-established conservation purposes such as windbreaks, wood lots, soil erosion control, wildlife habitation, reforestation, noise abatement and fire control; or

      2.  Beautification purposes for parks, recreation areas, greenbelts, schools and public buildings.

      (Added to NRS by 1975, 528)

      NRS 528.093  “Desert forestry” defined.  “Desert forestry” means the science of developing, caring for or cultivating conservation plant materials in an arid environment by modifying their response to adverse growing conditions while minimizing the consumptive use of water.

      (Added to NRS by 1975, 528)

      NRS 528.095  “Production” defined.  “Production” means the propagation, maintenance, protection and distribution of sufficient quantities of conservation plant materials to meet the purposes of NRS 528.091 to 528.120, inclusive.

      (Added to NRS by 1975, 528; A 1981, 223; 1985, 695)

      NRS 528.096  “Public property” defined.  “Public property” means all forms of property in which a government or governmental subdivision or agency has an ownership interest.

      (Added to NRS by 1975, 528)

      NRS 528.097  “Reforestation” defined.  “Reforestation” means planting and cultivation of conservation plant materials which are indigenous or adaptable to forests, plains, meadows, deserts and urban areas of Nevada.

      (Added to NRS by 1975, 528)

      NRS 528.098  “Urban forestry” defined.  “Urban forestry” means the science of developing, caring for or cultivating conservation plant materials in an urban environment to enhance air quality, provide shade protection, stabilize soils, reduce noise and dust levels, and improve esthetics.

      (Added to NRS by 1975, 528)

      NRS 528.100  Cooperative agreements for establishment of nurseries; Fund for Forest Nurseries.

      1.  In order to aid agriculture, conserve water resources, renew the timber supply, promote erosion control, beautify urban areas, educate the public, improve natural forests, deserts, wildlife habitation, and in other ways advance the general welfare and bring about benefits resulting from reforestation and the establishment of windbreaks, shelterbelts, wood lots, greenbelts, open space, parks and arboretums on lands in the State of Nevada, the State Forester Firewarden, subject to the approval of the Director, may act for the State of Nevada in negotiating for and entering into cooperative agreements with the United States of America, with the governing bodies of the counties and other political subdivisions of this state, and with organizations and natural persons for the purpose of securing the establishment and development of a nursery site or sites for the procurement and production, research and display of forest tree seeds and conservation plant materials.

      2.  The State Forester Firewarden may receive contributions of money from cooperators under the cooperative agreement.

      3.  The Fund for Forest Nurseries is hereby created as an enterprise fund. All money received for the establishment, development and operation of nurseries must be accounted for in the Fund. The balance in the Fund may not be transferred to any other Fund. All claims against the Fund must be paid as other claims against the State are paid.

      [1:87:1941; 1931 NCL § 3168]—(NRS A 1957, 322; 1973, 129; 1975, 529; 1977, 1169; 1979, 113; 1983, 344)

      NRS 528.105  Operation and management of state nurseries by State Forester Firewarden; powers; penalty.

      1.  Any state nursery authorized by NRS 528.100 must be operated under management of the State Forester Firewarden and must propagate stock for uses as provided in this section.

      2.  The State Forester Firewarden may:

      (a) Purchase nursery stock, seed and other conservation plant materials.

      (b) Engage in seed, tree and plant development research.

      (c) Demonstrate methods of conservation plant material planting, propagation and landscaping to public or private organizations or individuals.

      (d) Distribute conservation plant materials for planting on public property for the purposes of soil erosion control, windbreaks, noise abatement, reforestation, greenbelts, watershed protection, wildlife protection and beautification.

      (e) Distribute conservation plant materials for planting on private property for the purposes of production of forest or wood-lot products, reforestation, windbreaks, wood lots, shelterbelts, greenbelts and wildlife habitat.

      (f) Charge and collect for all plant materials distributed under paragraphs (d) and (e) in accordance with a fee schedule developed by the State Forester Firewarden and approved by the Director.

      3.  Conservation plant materials distributed by the State Forester Firewarden under the provisions of paragraph (e) of subsection 2 must be used only for the purposes therein set forth. The State Forester Firewarden may set by regulation the criteria for eligibility for distribution of plants under paragraph (e) of subsection 2.

      4.  Any person who violates the provisions of this section is guilty of a misdemeanor.

      (Added to NRS by 1957, 322; A 1975, 529; 1977, 79; 1981, 223)

      NRS 528.107  Buildings, equipment and personnel for state nurseries.  The State Forester Firewarden may order the construction of such buildings, the purchase of such equipment and the employment of such personnel as shall be necessary to effectuate the provisions of NRS 528.100 and 528.105, and as shall be authorized by law.

      (Added to NRS by 1957, 323)

      NRS 528.110  Boards of county commissioners authorized to enter into cooperative agreements to establish cooperative nurseries.  The boards of county commissioners of the counties of the State of Nevada are likewise authorized to enter into cooperative agreements with the representative of the State of Nevada appointed pursuant to the provisions of NRS 528.100 and with other counties, municipalities, organizations and individuals for the purpose of establishing a cooperative nursery or nurseries for production, arboretum and research purposes, and to appropriate and expend funds for all necessary expenses incurred in the planting and cultivation of conservation plant materials.

      [2:87:1941; 1931 NCL § 3168.01]—(NRS A 1975, 530)

      NRS 528.115  Cooperative agreements for research and dissemination of information.

      1.  The Division, subject to the approval of the Director, may:

      (a) Enter into cooperative agreements with research organizations providing for the use of Division facilities for the development of needed information concerning the propagation, establishment, protection, maintenance and use of conservation plant materials; and

      (b) Enter into contracts with established research organizations to obtain such information.

      2.  The Director and the Nevada System of Higher Education may enter into a cooperative agreement providing for the dissemination of information obtained by the Division pursuant to subsection 1.

      (Added to NRS by 1975, 528; A 1977, 1169; 1993, 412)

      NRS 528.120  Land suitable for program of conservation: Negotiation for acceptance; revegetation, protection and management on behalf of State.  The Division may, subject to the approval of the Director and the State Land Registrar, and pursuant to NRS 321.001 and 321.003:

      1.  Negotiate for the acceptance of any land suitable for a program of conservation; and

      2.  Revegetate, protect and manage that land on behalf of the State.

      (Added to NRS by 1971, 755; A 1977, 1170; 1985, 695)

LAKE TAHOE BASIN

      NRS 528.150  Report concerning fire prevention and forest health in Lake Tahoe Basin; contents of report. [Effective through September 30, 2015, and after that date if: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective through September 30, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future, and effective after September 30, 2017, if those events take place by September 30, 2017.]

      1.  On or before January 1 of each year, the State Forester Firewarden shall, in coordination and cooperation with the Tahoe Regional Planning Agency and the fire chiefs within the Lake Tahoe Basin, submit a report concerning fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin to:

      (a) The Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and Marlette Lake Water System created by NRS 218E.555 and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature;

      (b) The Governor;

      (c) The Tahoe Regional Planning Agency; and

      (d) Each United States Senator and Representative in Congress who is elected to represent the State of Nevada.

      2.  The report submitted by the State Forester Firewarden pursuant to subsection 1 must address, without limitation:

      (a) The status of:

             (1) The implementation of plans for the prevention of fires in the Nevada portion of the Lake Tahoe Basin, including, without limitation, plans relating to the reduction of fuel for fires;

             (2) Efforts concerning forest restoration in the Nevada portion of the Lake Tahoe Basin; and

             (3) Efforts concerning rehabilitation of vegetation, if any, as a result of fire in the Nevada portion of the Lake Tahoe Basin.

      (b) Compliance with:

             (1) The goals and policies for fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin; and

             (2) Any recommendations concerning fire prevention or public safety made by any fire department or fire protection district in the Nevada portion of the Lake Tahoe Basin.

      (c) Any efforts to:

             (1) Increase public awareness in the Nevada portion of the Lake Tahoe Basin regarding fire prevention and public safety; and

             (2) Coordinate with other federal, state, local and private entities with regard to projects to reduce fire hazards in the Nevada portion of the Lake Tahoe Basin.

      (Added to NRS by 2009, 513)

      NRS 528.150  Report concerning fire prevention and forest health in Lake Tahoe Basin; contents of report. [Effective October 1, 2015, unless: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) before October 1, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective October 1, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017.]

      1.  On or before January 1 of each year, the State Forester Firewarden shall, in coordination and cooperation with the Nevada Tahoe Regional Planning Agency and the fire chiefs within the Lake Tahoe Basin, submit a report concerning fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin to:

      (a) The Legislative Committee for the Review and Oversight of the Nevada Tahoe Regional Planning Agency and Marlette Lake Water System created by NRS 218E.555 and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature;

      (b) The Governor;

      (c) The Nevada Tahoe Regional Planning Agency; and

      (d) Each United States Senator and Representative in Congress who is elected to represent the State of Nevada.

      2.  The report submitted by the State Forester Firewarden pursuant to subsection 1 must address, without limitation:

      (a) The status of:

             (1) The implementation of plans for the prevention of fires in the Nevada portion of the Lake Tahoe Basin, including, without limitation, plans relating to the reduction of fuel for fires;

             (2) Efforts concerning forest restoration in the Nevada portion of the Lake Tahoe Basin; and

             (3) Efforts concerning rehabilitation of vegetation, if any, as a result of fire in the Nevada portion of the Lake Tahoe Basin.

      (b) Compliance with:

             (1) The goals and policies for fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin; and

             (2) Any recommendations concerning fire prevention or public safety made by any fire department or fire protection district in the Nevada portion of the Lake Tahoe Basin.

      (c) Any efforts to:

             (1) Increase public awareness in the Nevada portion of the Lake Tahoe Basin regarding fire prevention and public safety; and

             (2) Coordinate with other federal, state, local and private entities with regard to projects to reduce fire hazards in the Nevada portion of the Lake Tahoe Basin.

      (Added to NRS by 2009, 513; A 2011, 3736; 2013, 2367, effective October 1, 2015, unless: (1) on or before January 1, 2014, the Governor of this State issues a proclamation that the State of California has enacted legislation which satisfies the requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2) before October 1, 2015, the amendments to the Tahoe Regional Planning Compact proposed by this State in 2011 are approved pursuant to Public Law 96-551, the State of California enacts amendments that are substantially identical to those amendments and the governing board of the Tahoe Regional Planning Agency adopts an update to the 1987 Regional Plan, or effective October 1, 2017, if those events have not taken place by July 1, 2015, and the Governor of this State issues a proclamation before October 1, 2015, that those events are likely to take place in the reasonably foreseeable future but those events do not take place by September 30, 2017)