Nevada § 528.053 - Certain activities during logging operation prohibited near bodies of water; exceptions

§ 528.053. Certain activities during logging operation prohibited near bodies of water; exceptions

1. No felling of trees, skidding, rigging or construction of roads or landings, or

the operation of vehicles, may take place during a logging operation within 50 feet,

measured on the slope, of the high-water mark of any lake, reservoir, stream or other

body of water unless a variance is first obtained pursuant to subsection 2 from a

committee composed of the State Forester Firewarden, the Director of the Department

of Wildlife and the State Engineer. 2. The committee may grant a variance authorizing any of the activities prohibited

by subsection 1 within a 50-foot buffer area if the committee determines that the

goals of conserving forest resources and achieving forest regeneration, preserving

watersheds, reaching or maintaining water quality standards adopted by federal and

state law, continuing water flows, preserving and providing for the propagation of

fish life and stream habitat and preventing significant soil erosion will not be compromised. 3. In acting on a request for such variances, the committee shall consider the following

factors: (a) The extent to which such requested activity is consistent with good forestry management

for the harvesting of timber; (b) The extent to which such requested activity significantly impedes or interrupts

the natural volume and flow of water; (c) The extent to which such requested activity significantly affects a continuation

of the natural quality of the water pursuant to state and federal water quality standards; (d) The extent to which such requested activity is consistent with the prevention

of significant soil erosion; (e) The extent to which such requested activity may significantly obstruct fish passage,

cause sedimentation in fish spawning areas, infringe on feeding and nursing areas

and cause variations of water temperatures; and (f) The filtration of sediment-laden water as a consequence of timber harvesting on

adjacent slopes. 4. The committee may prohibit a logging operation from felling trees, skidding, rigging

or constructing roads or landings, or operating vehicles, in an area greater than

50 feet, measured on the slope, from the high-water mark of any lake, reservoir, stream

or other body of water if the committee determines that the site conditions of the

logging operation warrant such prohibition.