Any person, firm, association or corporation cutting sawtimber species from lands within the state shall:
A. take all reasonable precaution to prevent the starting of fires, and promptly suppress all fires that may be started on timberlands before, during or after cutting;
B. take all reasonable precaution in felling trees on the area being cut and to reserve uncut sufficient trees of seed-bearing size on the land being cut over to insure natural reforestation, as follows:
C. reserve and leave uncut, in operations cutting logs for lumber and timber manufacturing purposes, all trees measuring twelve inches or less in diameter outside bark, at a point four and one-half feet from the ground an in addition, leave not less than two live wind firm seed trees per acre measuring seventeen inches or more in diameter outside bark, at a point four and one-half feet from the ground; provided that in operations removing trees twelve inches or less in diameter outside bark at a point four and one-half feet from the ground, for nonlumber manufacturing purposes, such as railroad ties, mine props, stulls, poles or wood for products manufactured from pulp, or any combination thereof, trees required to produce said items may be cut to a minimum diameter of five inches outside bark at a point four and one-half feet from the ground, but in such cuttings there shall be reserved and left uncut not less than four live, wind firm seed trees per acre measuring seventeen inches or more in diameter outside bark, at a point four and one-half feet from the ground; provided, further, however, that in the event that no live, wind firm trees measuring seventeen inches or more in diameter outside bark at a point four and one-half feet from the ground exist on said area at the time of cutting, then the largest live, wind firm trees available on said area shall be left for seed trees in the number prescribed above for operations cutting logs for lumber and timber manufacturing purposes and for operations removing trees twelve inches or less in diameter for nonlumber manufacturing purposes respectively; provided, however, on spruce-type areas or mixed spruce and fir-type areas, an adequate stand of young growth shall be reserved and left uncut or, if such young growth is not present, there shall be reserved and left uncut not less than five percent of the coniferous trees, a substantial portion of which shall be of seed-bearing size; such trees may be reserved in long corners of creeks, across valleys, along ridges or natural firebreaks or in isolated settings of timber;
D. construct fire lines by piling and burning slash on a strip fifty feet wide on each side of main hauling roads.
History: Laws 1939, ch. 141, § 2; 1941 Comp., § 64-102; 1953 Comp., § 62-1-2; Laws 1961, ch. 221, § 1.
ANNOTATIONSCross references. — For penalty for setting fires on state lands, see 19-6-1 NMSA 1978.
Manufacture of pulp from timber grown either on private or state lands comes within proviso of this section. 1947 Op. Att'y Gen. No. 47-5078.
Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 35A Am. Jur. 2d Fires § 1; 52 Am. Jur. 2d Logs and Timber § 61.
Regulations: right of municipality or other public authority to enforce zoning or fire limit regulations as affected by its previous conduct in permitting or encouraging violation thereof, 119 A.L.R. 1509.
Reforestation: constitutionality of reforestation or forest conservation legislation, 13 A.L.R.2d 1095.
Measurement of standing timber, 72 A.L.R.2d 727.
Liability for spread of fire intentionally set for legitimate purpose, 25 A.L.R.5th 391.
98 C.J.S. Woods and Forests §§ 3, 7.