An applicant or permittee may request to use an alternate practice in place of a specific requirement in the forest harvest practices standards, 19.20.4.9 NMAC, so long as equivalent or better protection regarding fire, insect and disease control and erosion control measures is provided. The request to use an alternate practice shall describe the mitigation measures that the applicant or permittee will take so that the division can determine that the proposal offers equivalent or better protection. The division shall make the decision to grant or deny the use of an alternate practice within 30 calendar days after the request's receipt. The division's written approval or disapproval shall state the reasons why the division granted or denied the request. The division shall not allow the applicant or permittee to use an alternate practice if it is known to result in violation of other applicable state laws. The permittee may appeal the denial of a request to use an alternate practice to the state forester pursuant to Subsection A of 19.20.4.13 NMAC.
N.M. Admin. Code § 19.20.4.10