New Mexico § 68-2-22 - Cutting and removing woody material without written consent

§ 68-2-22. Cutting and removing woody material without written consent

A. As used in this section: (1) “ owner ” means any public agency, person, partnership, firm, corporation and recognized agents

owning or having legal control to the surface rights of the land upon which the woody

material is located and having legal authority to issue permits or enter into agreements

for the disposal of the woody material; and (2) “woody material” includes any live or dead evergreen, coniferous or deciduous

tree, branch, bough, bush, sapling or shrub in its natural condition, trimmed or untrimmed,

and with or without roots. B. No person shall cut, remove, transport or sell any woody material without written

consent of the owner or proof of ownership, whether the land is publicly or privately

owned. The written consent shall contain a legal description of the land where the woody

material is removed, the name and address of the legal owner, the volume or amount

of material to be removed, the date of execution and the expiration date of the consent. In addition, any person purchasing woody material from another for the purpose of

resale must possess a valid bill of sale containing the date of sale, the amount of

material purchased and the name, address and signature of the seller. The written consent, bill of sale or a true copy shall be carried by every person

in charge of cutting, removing, transporting or selling the woody material and shall

be exhibited to any peace officer at the officer's request. This provision shall not apply to campers, picnickers, hunters and persons fishing

who gather woody material for use in the immediate vicinity of their campsite or private

landowners removing woody material from their own land for their personal use.