New Mexico § 63-3-25 - Fireguards; plowing; burning of vegetation; notice

§ 63-3-25. Fireguards; plowing; burning of vegetation; notice

The board of county commissioners of each county in this state, through which any

line of railroad is operated or may hereafter be operated, shall have power, subject

to the limitations in the three succeeding sections contained, by an order to be entered

of record, to require every railroad corporation operating a line of railroad in their

respective counties, to plow as a fireguard through such portions of said counties

as shall be specially designated in such order, a continuous strip of no more than

six feet in width, which said strip of land shall run parallel with said line of railroad,

and be plowed in such good and workmanlike manner as to effectually destroy and cover

the vegetation thereon, and be sufficient to prevent the spreading of fires; and

the outer line of said strip of plowed land shall be upon the outer line of the rights

of way of such railroad corporation, not to exceed however, one hundred feet from

the center of the track of the railroad. And such railroad corporations shall, in addition to the plowing of such strip,

in each and every year burn off, or remove all dry grass or dead and dry vegetation,

as soon as the same becomes sufficiently dry to burn, between said plowed strip and

the track of such road or roads: provided, however, that such plowing and burning

be done between the fifteenth of July and the first day of October, in each and every

year: provided, further, that the board of county commissioners shall each year serve

said railroad corporations with a duly certified copy of the order, designating the

particular localities where such plowing and burning shall be done, in each of said

counties, at least thirty days before the said fifteenth day of July; and such fireguards

need not be constructed, or burning done within the limits of any city or town, nor

along the line of railroads running through mountains or other lands impracticable

to plow, nor where such plowing and burning, as aforesaid, would be of no practical

utility.