N.M. Admin. Code § 19.20.4.8

Current through Register Vol. 35, No. 20, October 22, 2024

Section 19.20.4.8 - HARVEST PERMITS

A. ACTIVITIES REQUIRING HARVEST PERMITS: An owner shall obtain a harvest permit before harvest activities, except those listed in Subsection B of 19.20.4.8 NMAC, are conducted in the following circumstances:

(1) harvests in an area of 25 acres or more of forest, or a combination of areas totaling 25 acres or more of forest in a calendar year if the harvest sites are on the same or adjacent property; or

(2) harvests in an area of less than 25 acres of forest in one calendar year if:

(a) the owner has been convicted of a criminal violation associated with harvest activities within the previous three years; or

(b) the owner is contracting with or employing a person or entity on the harvest that has been convicted of a criminal violation associated with harvest activities within the previous three years.

B. ACTIVITIES NOT REQUIRING HARVEST PERMITS: Owners are not required to obtain a harvest permit for:

(1) cutting firewood for personal use;

(2) cutting firewood for sale in compliance with 19.20.4.9 NMAC on up to 75 acres of forest in a calendar year or a combination of areas totaling up to 75 acres or more of forest in a calendar year if the harvest sites are on the same or adjacent property;

(3) cutting Christmas trees;

(4) pre-commercial thinning conducted in compliance with 19.20.4.9 NMAC;

(5) harvest activities related to construction projects such as pipeline or powerline installation or maintenance, construction pursuant to a building permit, fence building or construction of roads unrelated to harvest activities;

(6) clearing for defensible space within 100 feet of a building;

(7) harvests for wildland urban interface projects or hazardous fuel reduction projects if conducted pursuant to a contract with the energy, minerals and natural resources department that requires compliance with 19.20.4.9 NMAC;

(8) harvests conducted under a division funded or administered landowner assistance program in compliance with 19.20.4.9 NMAC; or

(9) rangeland or meadow restoration performed according to a conservation plan reviewed by a soil and water conservation district and conducted in compliance with 19.20.4.9 NMAC where the owner does not sell or exchange for services the trees that are harvested during the restoration or the resulting wood products.

C. APPLICATION FOR HARVEST PERMIT:

(1) An owner shall file an application for a harvest permit in the district office in the district where the harvest will take place for approval at least 30 calendar days before the proposed harvest is to start. The owner may begin harvest activities when the division issues the harvest permit and the permittee or responsible person or entity gives appropriate notification.

(2) The harvest permit application shall include the following, if applicable:

(a) the owner's name;

(b) a legal description of the land where the harvest will occur;

(c) sale name;

(d) evidence of ownership;

(e) the owner's mailing address (if the commercial forest species to be harvested are owned under a timber deed, the harvest permit application shall include names and mailing addresses of both the timber deed owner and the landowner);

(f) the owner's e-mail address, if available (if the commercial forest species to be harvested are owned under a timber deed, the harvest permit application shall include e-mail addresses of both the timber deed owner and the landowner);

(g) the names, mailing addresses and, if available, e-mail addresses of persons or entities that will directly manage the harvest;

(h) the time schedule for harvesting (i.e. beginning and ending dates);

(i) if the commercial forest species to be harvested are owned under a timber deed, the timber deed owner shall consult with the landowner about the land management goals and objectives included in the forest harvest practice plan; the landowner shall approve roads constructed for the harvest that will not be closed at the end of the harvest;

(j) statements of understanding;

(k) a forest harvest practice plan; and

(l) the owner's signature and the date of application.

D. FOREST HARVEST PRACTICE PLAN: The forest harvest practice plan shall include the following information:

(1) Harvest Description: The harvest description shall include the following:

(a) a description of the current stand condition including types of tree species, any insect and disease occurrence and the stocking level (e.g., an estimate of trees per acre or square feet of basal area and average diameter at breast height or diameter at root collar, or green tons per acre, as applicable);

(b) the owner's land management goals and harvest objectives such as forest management, forest production, wildlife habitat, dwarf mistletoe control, improved forage for wildlife or livestock or type conversion; the division shall consider a forest harvest practice plan inadequate unless it contains a silviculturally sound method of achieving the described land management goals and objectives that complies with the act and 19.20.4 NMAC;

(c) the harvest permit boundaries and cutting units to be established as shown on a United States geological survey topographic map with a scale no larger than 1:24000 (e.g., 7.5 minute quadrangle);

(d) the access route to and from the harvest permit area to a public road;

(e) identification of excessive slopes located within the cutting unit;

(f) identification of lakes, perennial or intermittent watercourses or wetlands located within the cutting unit on a United States geological survey topographic map with a scale no larger than 1:24000;

(g) a description of the proposed harvestmethod such as seed tree, shelterwood, single tree or group selection or patchcut;

(h) a description of the equipment the permittee or responsible person or entity will use during the harvest such as chainsaw, feller-buncher, skidder, delimber, plucker, forwarder or chipper;

(i) the residual stand condition including types of tree species and an estimate of trees per acre and the trees' average diameter at breast height, or, if applicable, diameter at root collar; if the harvest method is a patchcut a description of the size of the area to be harvested, by length and width, and the adjacent stand's height; and

(j) a description of the regeneration method such as natural regeneration, natural seeding or vegetative reproduction, or artificial regeneration, planting, reasonably calculated to ensure adequate forest regeneration if forest regeneration is the land management objective; if artificial regeneration is to be used the description shall include: when the planting will occur, the tree species to be planted, the seed source of the seedlings, the number of seedlings to be planted per acre, the method of seedling protection and site preparation.

(2) Erosion Management: Description of the erosion management measures that the permittee or responsible person or entity will take to comply with Subsection D of 19.20.4.9 NMAC.

(3) Skid Trails: Description of how the permittee or responsible person or entity will treat skid trails and landings to control erosion and comply with Subsection E of 19.20.4.9 NMAC.

(4) Roads: Description of road location, road erosion control measures and post-harvest maintenance or closure. The description shall contain sufficient detail to indicate compliance with Subsection F of 19.20.4.9 NMAC. If a road will be closed after harvest, the description shall identify the closure method and erosion control measures.

(5) Streamside Management Area: Description of the streamside management area designating the area to be included and describing the measures that the permittee or responsible person or entity will take to comply with Subsection G of 19.20.4.9 NMAC. If an existing road is located within a streamside management area, the applicant shall include a description of the road's location.

(6) Slash Treatment: Description of the means of treating slash, such as lop and scattering or pile burning, to comply with Subsection I of 19.20.4.9 NMAC.

(7) Fire: Description of the precautions the permittee or responsible persons or entities will take during the harvest and the modifications to harvesting operations they will take during periods of high, very high and extreme fire danger. Description of how the permittee or responsible person or entity will react to a fire caused by harvest activities including the equipment that the permittee or responsible person or entity will locate on the harvest site and use if a fire starts and notice to local fire departments and the division. Additionally, if the permittee or responsible persons or entities will burn slash, a description of whether they will broadcast or pile burn the slash and the precautions that they will take when the burning occurs. Precautions shall include obtaining necessary permits for burning and notifying the local governments and fire departments prior to burning.

(8) Excessive Slopes: Description of how the permittee or responsible person or entity will meet forest harvest practices standards on excessive slopes.

E. HARVEST PERMIT ISSUANCE OR DENIAL:

(1) Within 30 calendar days after receipt of the harvest permit application, the division shall either:

(a) issue a harvest permit approval letter including such conditions or recommendations as the division may deem necessary provided the harvest permit application contains the information required by Subsections C and D of 19.20.4.8 NMAC, the applicant has submitted the statements of understanding and the planned harvest is expected to comply with the act and 19.20.4 NMAC; or

(b) deny the harvest permit application in writing for the following reasons:

(i) the harvest permit application does not contain the information required by Subsections C and D of 19.20.4.8 NMAC;

(ii) the applicant is not the owner or the holder of a power of attorney or other authority sufficient to make decisions affecting the commercial forest species subject to the harvest permit application;

(iii) a material misrepresentation or false statement is included in the harvest permit application;

(iv) the proposed harvest would not comply with the act or 19.20.4 NMAC; or

(v) the applicant or contractor currently has a continuing violation.

(2) If the division denies the harvest permit application, the applicant may provide additional information to complete the harvest permit application or revise the harvest permit application to comply with the forest harvest practices standards. The applicant shall submit the additional information or revisions for reconsideration. If the division finds that the additional information or revisions correct the defects in the harvest permit application it shall issue the harvest permit. The division shall either issue the harvest permit or uphold the denial of the harvest permit application within 30 calendar days after receiving the additional information or revisions.

(3) When the division issues a harvest permit to a timber deed owner, the division shall provide a copy of the harvest permit to the landowner by first class mail or personal delivery.

F. STATEMENTS OF UNDERSTANDING:

(1) A person, partnership, corporation, association or other entity that has an active role in major harvest activities or a management role that may impact the harvest shall sign a statement of understanding in a form provided and developed by the division. This includes the owner, the owner's direct employees, consultants involved in the harvest, contract harvesters and other contractors or subcontractors.

(2) Anyone who must sign the harvest permit application or a statement of understanding shall comply with the act, 19.20.4 NMAC and the harvest permit. A supervisor of a business entity may sign a statement of understanding for the business entity's employees if the supervisor accepts responsibility for the employees' actions. Failure to keep statements of understanding current with the participation of new personnel or entities may result in violations or permit revocation.

(3) The statement of understanding shall be a division-provided form that includes:

(a) information identifying the person signing the statement such as name; birth date; social security, federal tax identification number or driver's license number; address and telephone number and, if applicable, the person's authority to sign for a partnership, corporation, association or other entity; the person's own employees; or the partnership, corporation, association or other entity's employees;

(b) the signature of the person signing the statement and date; and

(c) a statement that the person is aware that the person must comply with the act, 19.20.4 NMAC and the harvest permit and shall be accountable as provided for in 19.20.4 NMAC for such compliance and acknowledges that the person has read and understands the requirements of 19.20.4 NMAC and the harvest permit; if a person is signing on behalf of partnership, corporation, association or other entity, a statement that the entity is aware that it must comply with the act, 19.20.4 NMAC and the harvest permit and shall be accountable as provided for in 19.20.4 NMAC for such compliance; if a person is signing on behalf of the person's employees or a partnership, corporation, association or other entity's employees, a statement that the person is aware that the person is accepting responsibility for the person's own employees or the entity's employees and shall be accountable for the employees' compliance with 19.20.4 NMAC and the harvest permit.

G. PERMIT REVISIONS:

(1) The division may order revision of a harvest permit if it appears, after inspection, that the land management goals and objectives are not being met, if deficient conditions are occurring or if there are mistakes in the harvest permit.

(2) The owner may request revision of the harvest permit if there are mistakes in the harvest permit, ownership will change or other conditions make changes appropriate. The owner shall revise the permit during the harvest as needed to keep it current with operations.

(3) The owner may request the division revise the harvest permit to include additional acreage if the acreage is located in an area that is adjacent to or in close proximity to the area included in the current harvest permit, the land management goals and objectives and the proposed harvest operation are similar to those in the current harvest permit, the cover type is the same as the cover type in the current harvest permit and the same roads will be used to access the harvest area.

(4) The division shall approve or deny the owner's request for revision of the harvest permit within 30 calendar days after the request's receipt.

H. HARVEST PERMIT EXTENSIONS: When unforeseen circumstances beyond the permittee's control prevent completion of the harvest or a portion of the harvest activities as required by 19.20.4 NMAC within the time limits provided in the harvest permit, the division may, upon the permittee's written request, grant in writing additional time for completion of the harvest not to exceed one year. The division may grant no more than three such extensions.

I. NOTIFICATIONS: A permittee or responsible person or entity shall inform the division prior to or, in no case later than 48 hours following the event, either by telephone, in person or in writing of the following actions taken under the harvest permit:

(1) commencement or completion of major harvest activities in a cutting unit; or

(2) when a unit is complete and the permittee is requesting the unit be closed.

N.M. Admin. Code § 19.20.4.8

19.20.4.8 NMAC - N, 1/1/2002; A, 6/29/2007