[Rev. 11/22/2013 9:30:33 AM--2013]
[NAC-528 Revised Date: 10-86]
CHAPTER 528 - FOREST PRACTICE AND REFORESTATION
FOREST PRACTICE
528.010 Logging, forest product operations: Regulations.
528.020 Registration.
528.030 Fire prevention.
528.040 Forest insect pests and disease.
528.050 Cutting practices, prohibitions.
528.060 Skid trails, roads.
528.070 Explosives.
528.080 Sawmills.
528.090 Power saws.
528.100 Logging debris.
REFORESTATION
528.110 Sale of plant materials to private landowners.
FOREST PRACTICE
NAC 528.010 Logging, forest product operations: Regulations. Every timber owner or operator conducting logging or forest product operations within Nevada shall conform to NAC 528.010 to 528.100, inclusive.
[Div. of Forestry, part Art. A, eff. 1-1-63]
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]
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.
2. No welding may be done unless in a location which is cleared to mineral soil for at least 10 feet around the working area.
[Div. of Forestry, Art. A §§ 12 & 13, eff. 1-1-63]
NAC 528.040 Forest insect pests and disease.
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]
NAC 528.050 Cutting practices, prohibitions.
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]
NAC 528.060 Skid trails, roads.
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]
NAC 528.070 Explosives. 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]
NAC 528.080 Sawmills. 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]
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]
NAC 528.100 Logging debris. No logging debris or excess construction material may be deposited in stream beds or within 200 feet of any lake or stream.
[Div. of Forestry, eff. 7-11-69; A 9-7-69]
REFORESTATION
NAC 528.110 Sale of plant materials to private landowners. The criteria for eligibility for distribution of plant materials to private landowners in Nevada are:
1. The land on which the plants are to be planted must consist of a parcel containing 1 acre or more, or 2 or more contiguous parcels owned by different owners if those parcels total 1 acre or more; and
2. The land must be entirely outside the city limits of any incorporated city of this state, except that in Carson City the land must be outside the designated urban area of the city.
[Div. of Forestry, eff. 11-21-79]