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

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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)


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