NRS: CHAPTER 528 - FOREST PRACTICE AND REFORESTATION

[Rev. 6/29/2024 4:27:37 PM--2023]

CHAPTER 528 - FOREST PRACTICE AND REFORESTATION

FOREST PRACTICE

NRS 528.010 Short title.

NRS 528.012 Definitions.

NRS 528.014 “d.b.h.” defined.

NRS 528.015 “Director” defined.

NRS 528.016 “Division” defined.

NRS 528.017 “Dry season” defined.

NRS 528.0173 “Ground-based equipment” defined.

NRS 528.0175 “Logging operation” defined.

NRS 528.018 “Lop” defined.

NRS 528.0185 “Minimally stocked” defined.

NRS 528.021 “Operating area” defined.

NRS 528.024 “Slash” defined.

NRS 528.0255 “Stream” defined.

NRS 528.026 “Thrifty trees” defined.

NRS 528.0263 “Timber owner” 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 528.047 Logging permit: Suspension and revocation.

NRS 528.048 Variance required for operating ground-based equipment on certain slopes.

NRS 528.050 Stocking requirements after completion of logging operations.

NRS 528.053 Certain activities during logging operation 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; contents and observation of fire plan; rules and regulations.

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 528.088 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 528.094 “Native landscape” defined.

NRS 528.095 “Production” defined.

NRS 528.096 “Public property” defined.

NRS 528.097 “Revegetation” 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; fee schedule for plant materials distributed; regulations; 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.

URBAN AND COMMUNITY FORESTRY PROGRAM

NRS 528.131 Definitions.

NRS 528.132 “Historically underserved community” defined.

NRS 528.133 “Urban and community forest” defined.

NRS 528.134 “Urban and community forestry” defined.

NRS 528.135 Creation; requirements; duties of State Forester Firewarden.

NRS 528.136 Technical assistance to political subdivisions of State.

NRS 528.137 Authority of State Forester Firewarden to establish program to distribute grants; regulations.

NRS 528.138 Cooperative agreements; authority of State Forester Firewarden to apply for and receive gifts, grants, services and donations; regulations.

LAKE TAHOE BASIN

NRS 528.150 Report concerning fire prevention and forest health in Lake Tahoe Basin; contents of report.

_________

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; 2017, 1390)

NRS 528.012 Definitions. As used in this chapter, unless the context otherwise requires, the terms defined in NRS 528.014 to 528.0263, inclusive, have the meanings ascribed to them in such sections.

(Added to NRS by 1971, 754; A 1973, 1154; 2017, 1390; 2019, 734)

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 528.0173 “Ground-based equipment” defined. “Ground-based equipment” means mobile equipment, including, without limitation, tractors, dozers, skidders, excavators, loaders, mechanized harvesters and forwarders, that are used for harvesting, site preparation or slash hazard reduction.

(Added to NRS by 2019, 734)

NRS 528.0175 “Logging operation” defined. “Logging operation” means the commercial harvesting of trees by a timber owner or the agent of a timber owner by felling, skidding, forwarding or yarding, onsite processing and loading of trees or logs onto trucks.

(Added to NRS by 2017, 1390)

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 528.0185 “Minimally stocked” defined. “Minimally stocked” means having sound, thrifty trees distributed over the growing area, excluding rocky areas, meadows and bodies of water, in which:

1. There are 250 trees per acre, at least 6 inches in height, but less than 4 inches d.b.h.;

2. There are 150 trees per acre, 4 to 6 inches d.b.h.;

3. There are 75 trees per acre, 8 to 10 inches d.b.h.;

4. There are 40 trees per acre, 12 inches d.b.h. or larger; or

5. Any other minimum stocking levels of the area as set forth in a logging plan that were approved by the State Forester Firewarden are satisfied.

(Added to NRS by 2019, 734)

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 528.024 “Slash” defined. “Slash” means branches, limbs or stems of any species left in the harvest area as a result of current forest management activities.

(Added to NRS by 1971, 755; A 1973, 1154; 2019, 734)

NRS 528.0255 “Stream” defined. “Stream” means a perennial or intermittent natural watercourse that supports riparian vegetation.

(Added to NRS by 1973, 1153; A 2019, 734)

NRS 528.026 “Thrifty trees” defined. “Thrifty trees” means trees with healthy foliage, a live crown ratio of at least 40 percent and a generally healthy appearance.

(Added to NRS by 1971, 755; A 2019, 734)

NRS 528.0263 “Timber owner” defined. “Timber owner” means a person or entity who owns a tree-dominated landscape which is naturally capable of supporting minimally stocked stands of native trees in perpetuity, and is not otherwise devoted to nonforestry commercial or urban uses.

(Added to NRS by 2017, 1390; A 2019, 734)

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.

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; 2019, 735)

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, without limitation, 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) A statement that contains the objectives of the harvest and the conditions of the stand, including, without limitation:

(1) The current species composition and density of the stand;

(2) The anticipated species composition and density of the stand post treatment; and

(3) The current insects and diseases present at the stand.

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

(e) The revegetation plan, if applicable.

(f) The slash-disposal and cleanup plans, including, without limitation, the timing and the methods of the disposal of the slash.

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

(h) The spill prevention plan.

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

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

(k) The minimum stocking levels of the area as approved by the State Forester Firewarden.

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;

(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, 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; 2019, 735)

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 528.047 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;

(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.

4. Operating ground-based equipment on saturated soil.

(Added to NRS by 1971, 1446; A 2019, 736)

NRS 528.048 Variance required for operating ground-based equipment on certain slopes.

1. No person may operate ground-based equipment on a slope that is greater than 30 percent 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 ground-based equipment may destroy advanced regeneration and litter cover;

(b) The extent to which ground-based equipment may cause soils to be displaced or erode; and

(c) The extent to which ground-based equipment may cause siltation and eroded soils to infiltrate the 50-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; A 2019, 736)

NRS 528.050 Stocking requirements after completion of logging operations.

1. Except as otherwise provided in subsection 2, every timber owner or operator conducting logging operations within this state shall cause the harvest area to be minimally stocked not later than 5 years after completion of the logging operations.

2. The provisions of subsection 1 do not apply:

(a) 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; or

(b) To a logging operation that only involves the salvage of dead timber.

[5:355:1955]—(NRS A 1961, 165; 1971, 1449; 1973, 461; 2019, 736)

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

1. No felling of trees, skidding, rigging or construction of roads or landings, or the operation of vehicles, may take place during a logging operation within 50 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 pursuant to subsection 2 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 50-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.

4. The committee may prohibit a logging operation from felling trees, skidding, rigging or constructing roads or landings, or operating vehicles, in an area greater than 50 feet, measured on the slope, from the high-water mark of any lake, reservoir, stream or other body of water if the committee determines that the site conditions of the logging operation warrant such prohibition.

(Added to NRS by 1971, 1446; A 1973, 461; 1979, 913; 1993, 1700; 2003, 1580; 2017, 1390; 2019, 737)

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

1. Skid trails, landings, logging 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; A 2019, 738)

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 roads, 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 roads, 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 roads, 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 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; A 2019, 738)

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 roads, skid trails and firebreaks shall be maintained by hand to prevent excessive erosion until permanent facilities can be installed.

(Added to NRS by 1973, 1154; A 2019, 739)

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 skid trails as required by NRS 528.0551 and 528.0552, slash shall be scattered on such skid trails in sufficient quantity to retard water flow thereon and hold erosion to a minimum.

(Added to NRS by 1973, 1154; A 2019, 739)

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 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

(Added to NRS by 1971, 1446; A 2019, 739)

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, other 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; 2019, 739)

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 must include, without limitation, lopping and scattering 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. Such lopping and scattering must be performed currently in the course of operations. In areas where a timber owner or operator chooses to pile and burn lopped slash, the slash must be piled and burned where the burning will not damage residual trees or reproduction. The piled slash must be burned at a safe time as determined by the State Forester Firewarden. Piles that fail to burn clean must be repiled and burned. All reasonable precautions must be taken to confine such burning to the piled slash.

[7:355:1955]—(NRS A 2017, 1391; 2019, 739)

NRS 528.080 Additional practices required during fire season; contents and observation of fire plan; rules and regulations.

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 timber owner or operator shall give written notice to the State Forester Firewarden of the timber 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 A 2017, 1391)

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

1. Any timber owner whose timberland 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 timber owner and his or her address.

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

(Added to NRS by 1971, 1447; A 2017, 1392)

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;

(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;

(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; or

(b) A personal bond accompanied by a surety bond, certificate of deposit or treasury note in the required amount.

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; A 2019, 740)

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.

(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 528.088 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; 2017, 1392)

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; 2021, 622)

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

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

2. Beautification purposes for parks, recreation areas, public rights-of-way, areas that are commonly owned, greenbelts, schools and public buildings.

(Added to NRS by 1975, 528; A 2021, 622)

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 528.094 “Native landscape” defined. “Native landscape” means any forest, plain, meadow, desert, riparian area, wetland or natural area located in Nevada.

(Added to NRS by 2021, 622)

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 “Revegetation” defined. “Revegetation” means planting and cultivation of conservation plant materials which are indigenous or adaptable to the native landscapes and urban areas of Nevada.

(Added to NRS by 1975, 528; A 2021, 622)

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 and water quality, provide shade protection, stabilize soils, promote water conservation, reduce noise levels, reduce fire hazards, improve human health, provide wildlife habitat, sustain local economies and improve esthetics.

(Added to NRS by 1975, 528; A 2021, 623)

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, support urban forestry, educate the public, improve natural forests, deserts, wildlife habitation, and in other ways advance the general welfare and bring about benefits resulting from revegetation 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; 2021, 623)

NRS 528.105 Operation and management of state nurseries by State Forester Firewarden; powers; fee schedule for plant materials distributed; regulations; 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, revegetation, greenbelts, greenstrips, reduction of fire hazards, xeriscaping, watershed protection, providing wildlife habitat, improving human health, sustaining local economies and beautification.

(e) Distribute conservation plant materials for planting on private property for the purposes of production of forest or wood-lot products, soil erosion control, windbreaks, noise abatement, revegetation, greenbelts, greenstrips, reduction of fire hazards, xeriscaping, water conservation and providing 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; 2021, 623)

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)

URBAN AND COMMUNITY FORESTRY PROGRAM

NRS 528.131 Definitions. As used in NRS 528.131 to 528.138, inclusive, unless the context otherwise requires, the terms defined in NRS 528.132, 528.133 and 528.134 have the meanings ascribed to them in those sections.

(Added to NRS by 2023, 383)

NRS 528.132 “Historically underserved community” defined. “Historically underserved community” has the meaning ascribed to it in NRS 704.78343.

(Added to NRS by 2023, 384)

NRS 528.133 “Urban and community forest” defined. “Urban and community forest” means native or introduced trees and related plant materials in or near urban or community areas, including, without limitation, urban and community watersheds, soils, natural riparian habitats, street trees, park trees and residential trees.

(Added to NRS by 2023, 384)

NRS 528.134 “Urban and community forestry” defined. “Urban and community forestry” means the science of developing, caring for, cultivating, managing and maintaining native and introduced trees and related plant materials in an urban or community environment to enhance air and water quality, provide shade protection, stabilize soils, promote water conservation, reduce noise levels, reduce fire hazards, improve human health, provide wildlife habitat, sustain local economies and improve esthetics.

(Added to NRS by 2023, 384)

NRS 528.135 Creation; requirements; duties of State Forester Firewarden.

1. The Urban and Community Forestry Program is hereby created within the Division. The State Forester Firewarden shall administer the Program.

2. The Urban and Community Forestry Program must, without limitation, promote, create, improve and maintain urban and community forests in this State and advance and promote improvements that include, without limitation:

(a) Carbon sequestration and reductions in greenhouse gas emissions;

(b) Energy conservation;

(d) Urban and community parks;

(e) Riparian corridors;

(f) River parkways;

(g) School greening or sun-safe schoolyards;

(h) Urban and community revitalization;

(i) Green infrastructure and sustainable landscapes;

(j) Food forests that provide access to healthy and nutritious foods in urban areas and communities that have been designated as food deserts; and

(k) Solid waste prevention.

3. In carrying out the requirements of subsection 2, the State Forester Firewarden shall:

(a) Develop local and regional targets for urban and community tree canopies and prioritize the development of such targets in historically underserved communities and areas that are particularly vulnerable to heat island effects. The targets must include, without limitation, local or regional targets for:

(1) Urban and community forest diversity;

(2) The resistance of urban and community forests to future climate conditions;

(3) The resistance of urban and community forests to insects, pests and diseases; and

(4) Any other target determined to be relevant by the State Forester Firewarden.

(b) Cooperate with state and regional urban and community forestry organizations or associations, arboricultural organizations or associations and any other relevant federal, state or local agency, district, board or other entity or public or private organization or persons in the advancement and promotion of urban and community forests.

(c) Develop and disseminate best practices for maintaining the health of urban and community forests, which may include, without limitation, the control of forest pests, insects and diseases.

(Added to NRS by 2023, 384)

NRS 528.136 Technical assistance to political subdivisions of State.

1. As part of the Urban and Community Forestry Program created pursuant to NRS 528.135, the Division shall provide technical assistance to state and local agencies, governing bodies of cities and counties and other political subdivisions of this State in the following areas relating to urban and community forests:

(a) Local and regional planning and land use;

(b) The development and coordination of training programs for planting and maintaining neighborhood and local trees;

(c) Urban and community forest health, including, without limitation, tree disease, insect problems, planting and maintaining trees and best practices for forest health;

(d) The role of forest ecology in planning for the future of urban and community areas, including, without limitation, climate change, reductions in greenhouse gas emissions, carbon sequestration, air quality, proper watershed functions and energy conservation;

(e) The retention of native trees and riparian habitats;

(f) The role of urban and community forests as food forests in urban and community areas that have been designated as food deserts; and

(g) Any other matter the State Forester Firewarden deems relevant.

2. The Division may provide technical assistance to state and local agencies, governing bodies of cities and counties and other political subdivisions of this State relating to the utilization and composting of organic waste.

(Added to NRS by 2023, 385)

NRS 528.137 Authority of State Forester Firewarden to establish program to distribute grants; regulations.

1. As part of the Urban and Community Forestry Program, the State Forester Firewarden may establish a program to distribute grants to political subdivisions of this State, Indian tribes and nonprofit organizations to support and advance urban and community forestry in this State, which may include, without limitation:

(a) Urban and community forestry planning, including, without limitation, programs to promote community involvement in urban and community forestry planning, the coordination of local agencies or across multiple jurisdictions in urban and community forestry planning, and urban and community forestry planning for historically underserved communities;

(b) The planting of urban and community forests and the purchasing of seeds and nursery stock;

(c) The development and dissemination of training and educational materials on the benefits of urban and community forestry and best practices in maintaining the health of urban and community forests;

(d) Programs for the maintenance of urban and community forests, including, without limitation, programs in response to infestations and certain disruptive weather events such as droughts and storms;

(e) Projects that demonstrate methods of urban and community forestry, prioritizing those that promote achievement of the objectives of the Program set forth in subsection 2 of NRS 528.135;

(f) Partnerships between local agencies and nonprofit organizations that utilize urban and community forests to conserve energy, improve air quality or water management or mitigate greenhouse gases or heat island effects; or

(g) Other projects that promote achievement of the objectives of the Program set forth in subsection 2 of NRS 528.135, as determined by the State Forester Firewarden.

2. If a grant program is established pursuant to subsection 1, the State Forester Firewarden shall adopt regulations to carry out the program.

(Added to NRS by 2023, 385)

NRS 528.138 Cooperative agreements; authority of State Forester Firewarden to apply for and receive gifts, grants, services and donations; regulations.

1. 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 political subdivisions of this State, with Indian tribes and with organizations and natural persons to carry out the duties and functions of the Urban and Community Forestry Program in accordance with the provisions of NRS 528.131 to 528.138, inclusive.

2. The State Forester Firewarden may:

(a) Apply for and accept gifts, grants, services and donations from any source for the purposes of carrying out the provisions of NRS 528.131 to 528.138, inclusive; and

(b) Adopt regulations to carry out the provisions of NRS 528.131 to 528.138, inclusive.

(Added to NRS by 2023, 386)

LAKE TAHOE BASIN

NRS 528.150 Report concerning fire prevention and forest health in Lake Tahoe Basin; contents of report.

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;

(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 a fire or other event which significantly disturbs the vegetation 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.

(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; 2019, 740)