New Mexico § 68-2-8 - Forestry division responsibility for statewide forest fire protection and forest conservation; authority; police power

§ 68-2-8. Forestry division responsibility for statewide forest fire protection and forest conservation; authority; police power

A. The forestry division of the energy, minerals and natural resources department

is responsible for the conservation of forests and forest resources and the prevention

and suppression of forest fires on all nonfederal, nonmunicipal lands in the state. The division, whether independently or in cooperation with federal, state or local

agencies, is authorized to: (1) conserve forests and forest resources; (2) maintain and improve forest health; (3) prevent, control and suppress forest fires; (4) conduct forest fire suppression rehabilitation and repair; (5) conduct post-fire slope stabilization, erosion control, riparian restoration,

seeding and reforestation of burned areas; (6) research forestry and forest fires; (7) prescribe uses of fires; (8) conduct urban and community forestry; (9) establish and support nurseries; (10) furnish forestry and forest fire-related technical advice to the people of the

state, including technical advice and projects related to the mitigation of or adaptation

to changing climatic conditions; and (11) provide financial, technical and related assistance to local governments to organize,

train and equip local firefighters to prevent, control and suppress forest fires threatening

the natural resources of rural forest areas or communities. B. The forestry division and the division's agents: (1) shall have unrestricted access to private and state lands, including the use of

roads and trails to carry out forest fire suppression work; and (2) shall not be liable to civil action for trespass or for damages for acts done

in the course of their official duties unless otherwise expressly provided by contract

or agreement with the landowner, which contract or agreement is made pursuant to the

provisions of the Forest Conservation Act. C. The police power of the state shall extend to such control of private forest lands

as is necessary for the suppression of forest fires. D. The authorization provided in Subsection A of this section with respect to forest

conservation, fire prevention and post-fire forest rehabilitation activities, but

not forest fire suppression activities, is to be exercised in cooperation and pursuant

to an agreement with the underlying landowner or land manager.