2005 Nevada Revised Statutes - Chapter 528 — Forest Practice and Reforestation

CHAPTER 528 - FOREST PRACTICE ANDREFORESTATION

FOREST PRACTICE

NRS 528.010 Shorttitle.

NRS 528.012 Definitions.

NRS 528.013 Adequatelystocked defined.

NRS 528.014 d.b.h.defined.

NRS 528.015 Directordefined.

NRS 528.016 Divisiondefined.

NRS 528.017 Dryseason defined.

NRS 528.018 Lopdefined.

NRS 528.019 Oldgrowth defined.

NRS 528.021 Operatingarea defined.

NRS 528.022 Prior-cutdefined.

NRS 528.023 Seedtree defined.

NRS 528.024 Slashdefined.

NRS 528.025 Snagdefined.

NRS 528.0255 Streamdefined.

NRS 528.026 Thriftytrees defined.

NRS 528.0265 Tractordefined.

NRS 528.027 Younggrowth defined.

NRS 528.030 Statementof purposes.

NRS 528.040 Administrationby State Forester Firewarden.

NRS 528.042 Loggingpermit: Requirement; application.

NRS 528.043 Loggingpermit: Logging plan; performance bond.

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

NRS 528.045 Loggingpermit: Duration; renewal.

NRS 528.046 Loggingpermit: Reduction of performance bond.

NRS 528.047 Loggingpermit: Suspension and revocation.

NRS 528.048 Variancerequired for logging with tractor on certain slopes.

NRS 528.050 Cuttingpractices.

NRS 528.053 Certainactivities prohibited near bodies of water; exceptions.

NRS 528.055 Controlof erosion: Location and construction of skid trails, landings, roads andfirebreaks.

NRS 528.0551 Controlof erosion: Water breaks and culverts required.

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

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

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

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

NRS 528.060 Rulesand regulations of State Forester Firewarden.

NRS 528.070 Requiredpractices to prevent and suppress fire.

NRS 528.080 Additionalpractices required during fire season.

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

NRS 528.083 Timberlandconversion certificate: Conversion plan; affidavit; performance bond.

NRS 528.084 Timberlandconversion certificate: Issuance; denial; hearing after denial; return ofperformance bond.

NRS 528.085 Timberlandconversion certificate: Contents; not transferable; renewal.

NRS 528.086 Timberlandconversion certificate: Copy to be furnished to timber operator beforecommencing operations.

NRS 528.087 Timberlandconversion certificate: Reduction of performance bond.

NRS 528.088 Timberlandconversion certificate: Suspension and revocation.

NRS 528.090 Penalty.

REFORESTATION

NRS 528.091 Definitions.

NRS 528.092 Conservationplant materials defined.

NRS 528.093 Desertforestry defined.

NRS 528.095 Productiondefined.

NRS 528.096 Publicproperty defined.

NRS 528.097 Reforestationdefined.

NRS 528.098 Urbanforestry defined.

NRS 528.100 Cooperativeagreements for establishment of nurseries; Fund for Forest Nurseries.

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

NRS 528.107 Buildings,equipment and personnel for state nurseries.

NRS 528.110 Boardsof county commissioners authorized to enter into cooperative agreements toestablish cooperative nurseries.

NRS 528.115 Cooperativeagreements for research and dissemination of information.

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

_________

FOREST PRACTICE

NRS 528.010 Shorttitle. NRS528.010 to 528.090, inclusive, maybe 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 otherwiserequires, the terms defined in NRS 528.013to 528.027, inclusive, have the meaningsascribed to them in such sections.

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

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

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

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

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

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

(Added to NRS by 1971, 754)

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

(Added to NRS by 1971, 755)

NRS 528.015 Directordefined. Director means the Director of theState Department of Conservation and Natural Resources.

(Added to NRS by 1971, 755)

NRS 528.016 Divisiondefined. Division means the Division of Forestryof the State Department of Conservation and Natural Resources.

(Added to NRS by 1971, 755)

NRS 528.017 Dryseason defined. Dry season means thatperiod of the year from the time fires will spread in the spring until there isno longer danger of spreading in the fall.

(Added to NRS by 1971, 755)

NRS 528.018 Lopdefined. Lop means severing all limbs fromthe exposed sides of the unutilized portions of trees felled in harvestingoperations so that portions of the severed limbs are in contact with theground.

(Added to NRS by 1971, 755)

NRS 528.019 Oldgrowth defined. Old growth refers to standsof essentially undisturbed virgin timber on which less than 25 percent of thevolume has been removed by cutting, fire or other causes.

(Added to NRS by 1971, 755)

NRS 528.021 Operatingarea defined. Operating area means any ofthe following:

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

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

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

(Added to NRS by 1971, 755)

NRS 528.022 Prior-cutdefined. Prior-cut refers to stands fromwhich 25 to 70 percent of virgin timber has been removed for at least 10 yearsby cutting, fire or other causes.

(Added to NRS by 1971, 755)

NRS 528.023 Seedtree defined. Seed tree means a firmconiferous tree with full crown now capable of producing seed.

(Added to NRS by 1971, 755)

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

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

NRS 528.025 Snagdefined. Snag means a standing dead tree orstanding section thereof.

(Added to NRS by 1971, 755)

NRS 528.0255 Streamdefined. Stream means a natural watercoursedesignated by a solid line or dash and three dot symbol shown in blue on themost recently published United States Geological Survey 7.5 minute seriestopographic map.

(Added to NRS by 1973, 1153)

NRS 528.026 Thriftytrees defined. Thrifty trees means treeswith usually long, full, pointed tops and lower limbs frequently dead, but containingvery few dead limbs in the upper green portion of the crown. Such trees usuallyfall within Dunnings tree classes 1 and 2, and Keens tree classes 1a, 1b, 2aand 2b.

(Added to NRS by 1971, 755)

NRS 528.0265 Tractordefined. Tractor means a 4-wheeled orcaterpillar-tread, rider-controlled automotive vehicle used primarily fordrawing or propelling logs or other wood products.

(Added to NRS by 1973, 1153)

NRS 528.027 Younggrowth defined. Young growth refers tostands composed mainly of young, thrifty trees from which 70 percent or more ofvirgin timber has been removed for at least 10 years by cutting, fire or othercauses.

(Added to NRS by 1971, 755)

NRS 528.030 Statementof purposes.

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

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

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

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

2. The provisions of NRS528.010 to 528.090, inclusive, shallnot be construed in any way to condone any activity which causes significantdegradation of water quality.

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

NRS 528.040 Administrationby State Forester Firewarden. The StateForester Firewarden shall administer the provisions of NRS 528.010 to 528.090, inclusive, and may exercise allpowers necessary to accomplish their purposes and intent.

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

NRS 528.042 Loggingpermit: Requirement; application.

1. Prior to any logging or cutting operation, anytimber owner or his agent shall secure a logging permit from the State ForesterFirewarden.

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

(Added to NRS by 1971, 1445)

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

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

(a) An accurate topographical map showing exteriorboundaries 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 ofmerchantable 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 erosioncontrol measures.

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

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

2. If a variance is requested pursuant to NRS 528.048, the applicant shall alsofurnish 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 equipmentto be used; and

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

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

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

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

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

(a) Issue an original logging permit subject to suchconditions or recommendations as he may deem necessary; or

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

(1) The applicant is not the real party ininterest.

(2) Material misrepresentation or falsestatement in the application.

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

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

(5) Failure to correct a violation of apreviously issued permit within a period of 3 years prior to the currentapplication.

(6) Inadequate performance bond.

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

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

(Added to NRS by 1971, 1446)

NRS 528.045 Loggingpermit: Duration; renewal. Any originallogging permit shall be for the period of January 1 through December 31 of theyear of issuance, or for any remaining portion of such period. Such permit maybe renewed upon request of the applicant, and any acceptable alternate loggingplan may be submitted for consideration.

(Added to NRS by 1971, 1446)

NRS 528.046 Loggingpermit: Reduction of performance bond. Uponapplication, the State Forester Firewarden may reduce any performance bond requiredunder NRS 528.043 in an amountproportionately equal to the number of acres adequately seeded or reforestedout of the total acres covered by the logging permit.

(Added to NRS by 1971, 1446)

NRS 528.047 Loggingpermit: Suspension and revocation. Any loggingpermit 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 StateForester Firewarden or his agent.

3. Inadequate performance bond.

(Added to NRS by 1971, 1446)

NRS 528.048 Variancerequired for logging with tractor on certain slopes.

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

2. The State Forester Firewarden shall act on arequest 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, itis subject to such conditions and requirements as the State Forester Firewardenmay prescribe.

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

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

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

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

4. An applicant may request a hearing before the StateForester Firewarden within 10 days after the denial of a request for avariance.

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

(Added to NRS by 1973, 459)

NRS 528.050 Cuttingpractices. The cutting practices of everytimber owner or operator conducting logging operations within this state shallconform to the following:

1. Areas of old-growth timber shall have reserved andleft 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 inchesd.b.h. or larger to be left per acre, and no area will be more than one-eighthmile from seed source unless the area is adequately stocked. Seed trees shallbe approved by the State Forester Firewarden.

2. Areas of young-growth and prior-cut timber harvestedfor saw logs and veneer logs shall have reserved and left uncut for futurecrops all sound, immature trees of 18 inches d.b.h. or less, with an average ofnot less than 10 satisfactorily located seed trees 18 inches d.b.h. or largerto be left per acre, and no area will be more than one-eighth mile from theseed source unless the area is adequately stocked. Seed trees shall be approvedby the State Forester Firewarden.

3. On areas of young-growth and prior-cut timber whereforest products other than saw logs and veneer logs are being harvested anadequately 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 thecircumference 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 ofrights-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 saturatedsoils.

Theprovisions of this section do not apply if trees are being removed to changethe use of the land from forest production to another use, but the timber owneror his agent shall obtain a timberland conversion certificate as provided inthis chapter.

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

NRS 528.053 Certainactivities prohibited near bodies of water; exceptions.

1. No felling of trees, skidding, rigging orconstruction of tractor or truck roads or landings, or the operation ofvehicles, may take place within 200 feet, measured on the slope, of the highwater mark of any lake, reservoir, stream or other body of water unless avariance is first obtained from a committee composed of the State ForesterFirewarden, the Director of the Department of Wildlife and the State Engineer.

2. The committee may grant a variance authorizing anyof the activities prohibited by subsection 1 within a 200-foot buffer area ifthe committee determines that the goals of conserving forest resources andachieving forest regeneration, preserving watersheds, reaching or maintainingwater quality standards adopted by federal and state law, continuing waterflows, preserving and providing for the propagation of fish life and streamhabitat and preventing significant soil erosion will not be compromised.

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

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

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

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

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

(e) The extent to which such requested activity maysignificantly obstruct fish passage, cause sedimentation in fish spawningareas, infringe on feeding and nursing areas and cause variations of watertemperatures; and

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

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

NRS 528.055 Controlof erosion: Location and construction of skid trails, landings, roads andfirebreaks.

1. Tractor skid trails, landings, logging truck roadsand firebreaks shall be so located, constructed, used and left after timberharvesting that erosion caused by water flow therefrom and water flow innatural watercourses shall be limited to a reasonable minimum that will notimpair the productivity of the soil or appreciably diminish the quality of thewater.

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

(Added to NRS by 1973, 1153)

NRS 528.0551 Controlof erosion: Water breaks and culverts required.

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

(a) Be located in minimal fill areas;

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

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

(d) Be installed at such intervals as are necessary toreasonably prevent surface water on or from such logging truck roads, tractorskid trails and firebreaks from accumulating in sufficient volume oraccelerating to sufficient velocity to cause excessive erosion. The followingguidelines shall be considered in determining reasonable water break or culvertintervals:

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

(2) On grades of 11 to 25 percent, intervals of75 to 150 feet;

(3) On grades of 26 to 49 percent, intervals of50 to 100 feet; and

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

2. Advance flagging of water break or culvertlocations shall be provided wherever necessary to insure that the location andspacing of the water breaks or culverts, or both, is adequate to prevent waterflow 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 andshall be constructed so that they will not be rendered ineffective by thepassage of motorized vehicles.

(Added to NRS by 1973, 1153)

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

1. Outsloped drainage structures may be constructed inlieu of water breaks or culverts. Such structures may be outsloped dips or theentire traveled surface may be outsloped with sections of berm removed atperiodic intervals to permit water to flow from the traveled surface.

2. The requirements of NRS 528.0551 with respect to the time forconstruction and the location and spacing of water breaks and culverts shallapply to outsloped drainage structures constructed pursuant to the provisionsof subsection 1.

(Added to NRS by 1973, 1154)

NRS 528.0553 Controlof erosion: Hand maintenance required in absence of other structures. If weather or soil conditions, or both, preventinstallation of water breaks, culverts or outsloped drainage structures, or anycombination 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 excessiveerosion until permanent facilities can be installed.

(Added to NRS by 1973, 1154)

NRS 528.0554 Controlof erosion: Use of slash to retard water flow. Whereverterrain or any other factor precludes proper diversion of water flow fromtractor trails as required by NRS 528.0551and 528.0552, slash shall be scatteredon such tractor trails in sufficient quantity to retard water flow thereon andhold erosion to a minimum.

(Added to NRS by 1973, 1154)

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

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

2. The seed shall:

(a) Be approved by the State Forester Firewarden;

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

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

(Added to NRS by 1971, 1446)

NRS 528.060 Rulesand regulations of State Forester Firewarden. Forthe purpose of protecting from damage those trees required to be left forreserve and to leave cut-over timberland in a productive condition and toregulate timberland conversion, the State Forester Firewarden:

1. Shall make reasonable rules in relation to stumpheights, 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 tocarry out the provisions of NRS 528.010to 528.090, inclusive.

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

NRS 528.070 Requiredpractices to prevent and suppress fire. Thefire prevention and suppression practices of every timber owner or operatorconducting logging operations in this State shall conform to the following:

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

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

[7:355:1955]

NRS 528.080 Additionalpractices required during fire season.

1. Every timber owner or operator operating during thefire season shall have a fire protection organization and program for the preventionand suppression of fires on operating areas. He shall make immediate andcontinuing attack on all forest fires occurring in his operating area and uponadjacent lands owned or controlled by the operator, employing his normallogging crew and equipment to the extent necessary to suppress such fires, andhe shall observe the following practices:

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

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

(c) Each year the owner or operator shall give writtennotice to the State Forester Firewarden of his intent to commence loggingoperations on a specified area, prior to the commencement of operations. TheState Forester Firewarden shall then furnish a standard fire plan form whichthe operator shall fill out and return to the State Forester Firewarden notlater than 10 days prior to commencement of operations.

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

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

(b) Location and number of men ordinarily available forfire fighting.

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

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

(e) Legal description of logging area.

3. The State Forester Firewarden may promulgate suchadditional reasonable rules and regulations as he may deem necessary.

[8:355:1955]

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

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

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

(a) The name of the timberland owner of record, and hisaddress.

(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 Timberlandconversion certificate: Conversion plan; affidavit; performance bond. An application for a timberland conversion certificateshall be accompanied by the following:

1. A conversion plan on a form prescribed by the StateForester 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 ForesterFirewarden may require.

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

(a) The name of the applicant;

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

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

(d) The signature of the applicant.

3. A performance bond of not less than an amount equalto $75 for each acre of the land to be converted, which shall be conditioned oncompliance with the provisions of the timberland conversion certificate, andshall insure the cost of any needed stabilization, revegetation orrehabilitation work. Such performance bond shall be in one of the followingforms:

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

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

(1) Cash, a cashiers check or a money order inthe required amount; or

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

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

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

(Added to NRS by 1971, 1447)

NRS 528.084 Timberlandconversion certificate: Issuance; denial; hearing after denial; return ofperformance bond.

1. If the information and proof submitted issatisfactory to the State Forester Firewarden and is verified by records andfield examination, he shall issue a timberland conversion certificate to theapplicant.

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

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

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

(c) Failure to give satisfactory proof that thetimberlands being cut or to be cut are to be devoted to other thantimber-growing use.

(d) Failure to give satisfactory proof that adequateprovision will be made to stabilize, revegetate or rehabilitate disturbed soilsin 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, anapplicant may request a hearing with the State Forester Firewarden.

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

(Added to NRS by 1971, 1447)

NRS 528.085 Timberlandconversion 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 isapplicable.

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

(d) Any exemption granted from any provision of thischapter 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 andnecessity.

(Added to NRS by 1971, 1448)

NRS 528.086 Timberlandconversion certificate: Copy to be furnished to timber operator beforecommencing operations. Prior to any logging orcutting operation on any land covered by a timberland conversion certificate,the holder shall furnish a copy of such certificate to any timber operatorharvesting forest products on such land.

(Added to NRS by 1971, 1448)

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

(Added to NRS by 1971, 1448)

NRS 528.088 Timberlandconversion certificate: Suspension and revocation. Anytimberland conversion certificate may be suspended or revoked for:

1. Failure to comply with the conditions of thecertificate.

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 orregulations made under the authority of NRS528.010 to 528.090, inclusive, isguilty 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 528.091to 528.120, inclusive, unless thecontext otherwise requires, the terms defined in NRS 528.092 to 528.098, inclusive, have the meaningsascribed to them in those sections.

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

NRS 528.092 Conservationplant materials defined. Conservation plantmaterials means those trees, shrubs and plants used for:

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

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

(Added to NRS by 1975, 528)

NRS 528.093 Desertforestry defined. Desert forestry means thescience of developing, caring for or cultivating conservation plant materialsin an arid environment by modifying their response to adverse growingconditions while minimizing the consumptive use of water.

(Added to NRS by 1975, 528)

NRS 528.095 Productiondefined. Production means the propagation,maintenance, protection and distribution of sufficient quantities ofconservation 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 Publicproperty defined. Public property means allforms of property in which a government or governmental subdivision or agencyhas an ownership interest.

(Added to NRS by 1975, 528)

NRS 528.097 Reforestationdefined. Reforestation means planting andcultivation of conservation plant materials which are indigenous or adaptableto forests, plains, meadows, deserts and urban areas of Nevada.

(Added to NRS by 1975, 528)

NRS 528.098 Urbanforestry defined. Urban forestry means thescience of developing, caring for or cultivating conservation plant materialsin 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 Cooperativeagreements for establishment of nurseries; Fund for Forest Nurseries.

1. In order to aid agriculture, conserve waterresources, renew the timber supply, promote erosion control, beautify urbanareas, educate the public, improve natural forests, deserts, wildlife habitation,and in other ways advance the general welfare and bring about benefitsresulting from reforestation and the establishment of windbreaks, shelterbelts,wood lots, greenbelts, open space, parks and arboretums on lands in the Stateof Nevada, the State Forester Firewarden, subject to the approval of theDirector, may act for the State of Nevada in negotiating for and entering intocooperative agreements with the United States of America, with the governing bodiesof the counties and other political subdivisions of this state, and withorganizations and natural persons for the purpose of securing the establishmentand 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 receivecontributions of money from cooperators under the cooperative agreement.

3. The Fund for Forest Nurseries is hereby created asan enterprise fund. All money received for the establishment, development andoperation of nurseries must be accounted for in the Fund. The balance in theFund may not be transferred to any other Fund. All claims against the Fund mustbe 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 Operationand management of state nurseries by State Forester Firewarden; powers;penalty.

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

2. The State Forester Firewarden may:

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

(b) Engage in seed, tree and plant developmentresearch.

(c) Demonstrate methods of conservation plant materialplanting, propagation and landscaping to public or private organizations orindividuals.

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

(f) Charge and collect for all plant materialsdistributed under paragraphs (d) and (e) in accordance with a fee scheduledeveloped by him and approved by the Director.

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

4. Any person who violates the provisions of thissection 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. TheState Forester Firewarden may order the construction of such buildings, the purchaseof such equipment and the employment of such personnel as shall be necessary toeffectuate the provisions of NRS 528.100and 528.105, and as shall be authorizedby law.

(Added to NRS by 1957, 323)

NRS 528.110 Boardsof county commissioners authorized to enter into cooperative agreements toestablish cooperative nurseries. The boards ofcounty commissioners of the counties of the State of Nevada are likewiseauthorized to enter into cooperative agreements with the representative of theState 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 cooperativenursery or nurseries for production, arboretum and research purposes, and toappropriate and expend funds for all necessary expenses incurred in theplanting and cultivation of conservation plant materials.

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

NRS 528.115 Cooperativeagreements for research and dissemination of information.

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

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

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

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

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

NRS 528.120 Landsuitable for program of conservation: Negotiation for acceptance; revegetation,protection and management on behalf of State. TheDivision may, subject to the approval of the Director and the State LandRegistrar, and pursuant to NRS 321.001and 321.003:

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

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

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

 

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