43 C.F.R. § 2805.22

Current through May 31, 2024
Section 2805.22 - Special provisions for vegetation management for electric transmission and distribution rights-of-way
(a)Emergency Conditions. If vegetation or hazard trees have contacted or present an imminent danger of contacting an electric transmission or distribution line from within or adjacent to an electric transmission or distribution right-of-way, the electric transmission or distribution line holder:
(1) May prune or remove the vegetation or hazard tree to avoid the disruption of electric service or to eliminate immediate fire and safety hazards; and
(2) Shall notify the authorized officer not later than 1 day after the date of the response to emergency conditions.
(b)Non-Emergency Conditions. For non-emergency conditions, the holder of a right-of-way for an electric transmission or distribution facility must conduct vegetation management activities in accordance with the terms and conditions of the grant, §§ 2805.12(a)(4) and 2805.14(d) , and any approved operating plan or agreement.
(1) You must request approval from the BLM for a proposed activity if your plan:
(i) Requires you to seek specific approval for the proposed activity; or
(ii) Does not address the proposed activity. You may also need to amend your operating plan or agreement if you anticipate conducting this activity on a recurring basis.
(2) If the BLM does not timely respond to your request according to the schedule set forth in the approved operating plan or agreement, if your request pertains to vegetation management activities, including the removal of hazard trees or other wildfire risk reduction activities, and if the proposed action does not conflict with your approved operating plan or agreement, you may proceed with the proposed activity.
(c)Wildfire prevention. You must do everything reasonable to prevent and suppress wildfires on or adjacent to the right-of-way. Reasonable actions include:
(1) Pruning or removal of vegetation or hazard trees to prevent fire ignition from electric transmission and distribution facilities during emergency conditions or cyclic maintenance; and
(2) Cooperating with the BLM in its efforts to investigate, suppress, and respond to fires within and near the right-of-way.

43 C.F.R. §2805.22

89 FR 25963, 5/13/2024