Revises provisions relating to natural resources. (BDR 47-359)
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SB 56 — Revises provisions relating to natural resources. (BDR 47-359)
Last action — Approved by the Governor. Chapter 135.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 19, 2018. Enacted.
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Summary
AN ACT relating to natural resources; revising provisions related to the protection of flora; revising certain definitions related to the protection of trees and flora and to forest practice and reforestation; revising provisions relating to a written plan for a prescribed fire; revising the information required to be included in an application for a logging permit; revising provisions regarding logging operations; authorizing the suspension or revocation of a logging permit for operating ground-based equipment on saturated soil; revising the requirements for the performance bond which must accompany an application for a timberland conversion certificate; eliminating the requirement that the State Forester Firewarden cause a decennial report to be created regarding certain renewable natural resources in the State; eliminating the authority of the State Forester Firewarden to reduce the required amount for certain performance bonds; making various other changes relating to forestry; providing a penalty; and providing other matters properly relating thereto.
Bill Text
What changed in the latest version
628 added · 676 removed628 line(s) added, 676 removed.
(ReprintedSenate withBill amendmentsNo. adopted on April 10, 2019) FIRST REPRINT S.B.
5656–Committee SENATEon BILLNNatural O.Resources CHAPTER..........
56–COMMITTEE ON NATURAL RESOURCES (O NB EHALF OF THE DIVISION OFFORESTRY OF THES TATE DEPARTMENT OF C ONSERVATION AND NATURAL RESOURCES ) PREFILED N OVEMBER 19, 2018 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to natural resources.
(BDR 47-359) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
-Legislative *SB56_R1*Counsel’s –Digest: 2 – LegUnder existing law, it is unlawful to cut, destroy, mutilate, pick or remove any flora on any:
(1)Under privateexisting landslaw, withoutit ais writtenunlawful permitto fromcut, thedestroy, owner,mutilate, occupantpick or authorizedremove agentany offlora theon ownerany: or occupant;
or(1) (2)private state lands underwithout a written permit from the jurisdictionowner, occupant or of the Division of State Parks of the State Department of Conservation and NaturalNaturalon Resources except in accordance with regulations of the Division.
(NRS 527.270) Section 1 of this bill clarifies that, in addition to obtaining written permission from the owner or complying with regulations of the Division, as applicable, a special permit must be obtained from the State Forester Firewarden in order to remove from private lands or state lands any flora that has been placed on the list of fully protected species.
state lands any flora that has Under existing law, the term “controlled fire” is used to describe the controlled application of fire to natural vegetation under specified conditions after precautionary actions have been taken to ensure that the fire is confined to a predetermined area.
(NRS 527.122, 527.126, 527.128) Sections 2-4 of this bill change the term “controlled fire” to “prescribed fire.” Sectionmobile 6logging ofequipment thisincluding billtractors.ased defines “ground-based equipment” to refer to certain mobSectionSection 29 of this bill eliminates the definition of “tractor.” Sections 19-24 of this bill make conforming changes.
(NRS 528.013) Sections 7, 12 and 29 of this bill replace “adequatelybe stocked”considered withminimally thestocked.rm term “minimally stocked” and revise the criteria to be- considered80th minimallySession stocked.(2019) – 2 – Under existing law, “slash” means split product material, branches, limbs or stems of any species left in the harvest area as a result of current timber harvesting.
Under(NRS existing528.024) law,Section “slash”9 meansof this bill eliminates split product material,material branches,from limbsthe ordefinition stemsand expands the scope of anythe speciesterm leftto ininclude theforest harvestmanagement areaactiUnder asexisting law, “stream” means a resultnatural ofwatercourse currentdesignated timberby harvesting.certain symbols in the most recent United States Geological Survey.
definition and expands the scope of the term to include forest managementom the activities.
Under existing law, “stream” means a natural watercourse designated by certain symbols in the most recent United States Geological Survey.
(NRS 528.026) Section 11 of this bill defines a“thrifty generallytrees” healthyas appearance.ealthytrees with healthy foliage, at least 40-percent live crown ratio and Existing law provides that a timbergenerally ownerhealthy orappearance. operator must submit an application and secure a logging permit from the State Forester Firewarden prior to any logging or cutting operation.
Existing law provides that a timber owner or operator must submit an application and secure a logging permit from the State Forester Firewarden prior to any logging or cutting operation.
(NRS 528.048) Section 16 of this bill changes the restriction -so *SB56_R1*that –use 3of –ground-based equipment on a slope greater than 30 percent is prohibited.
of ground-based equipment on a slope greater than 30 percent is Existing law restricts the cutting practices of every timber owner or operator conducting logging operations within this State.
Under existing law, felling of trees, skidding, rigging and construction of tractor or truck roads or landings, and the operation of such vehicles during a logging operation, is prohibited within 200 feet of the high-water mark of certain bodies of water, with limited exceptions.
(NRS 528.053) Section 18 of this billainbill reduces the prohibited area to 50 feet but also authorizes a committee composed of the State Forester Firewarden, the Director of the Department of Wildlife and the Stateconditions Engineerwarrant.rohibit to prohibit such activities in an area greater than 50 feet when site Under existing law, upon completion of a logging or cutting operation, the timber owner or operator is required to sow suitable grass seed in the spring when moisture conditions warrant.are favorable on skid trails, skid roads, unmaintained tractor and truck roads and landings.
Under(NRS existing528.057) law,Section upon23 completion of athis loggingbill orprovides cuttingthat operation, the timber owner or operator is required to sow suitable grass seed inmay thebe springsowed when moisture conditions are favorable onregardless skidof trails,the skidseason. roads, unmaintained tractor and truck roads and landings.
(NRS 528.057) Section 23 of this bill provides that season.d may be sowed when moisture conditions are favorable regardless of the Under existing law, a timber owner or operator conducting logging operations in the State is required to undertake certain fire prevention and suppression measures.
- 80th Session (2019) – 3 – Under existing law, a timberland conversion certificate from the State Forester Firewarden is required to convert timber lands for other use and a performance bond528.082, is528.083) requiredSection as26 part of this bill amends the applicationlist forof atypes conversionof certificate.acceptable performance bonds.
(NRS performance bonds.Section 26 of this bill amends the list of types of acceptable Under existing law, the State Forester Firewarden shall, in coordination and cooperation with the Tahoe Regional Planning Agency and the fire chiefs within the Lake Tahoe Basin, submit a report concerning fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin to certain governmental agencies.
(NRS(NRSUnder 528.150)existing Sectionlaw, 27the ofState thisForester billFirewarden revisesmust thecause requireda contentsreport ofonreport. this report.
Under existing law, the State Forester Firewarden must cause a report on certain renewable natural resources in the State to be created at least every 10 years.
(NRS 527.310) Further, the State Forester Firewarden may enter into cooperative (NRSagreements 527.320)with Sectioncertain 29entities ofto thiscollect billand eliminatespublish thedata reportingrelated requirementto andthe the.report.
(NRS 527.320) Section 29 of this bill eliminates the reporting requirement and the authority of the State Forester Firewarden to enter into cooperative agreements relatedrelaSection to29 also eliminates the report.authority of the State Forester Firewarden to reduce a performance bond required to secure a timberland conversion certificate or logging permit.
SectionExisting 29law alsodefines eliminatesvarious theterms authorityrelated ofto theforest Statepractice Foresterand Firewardenreforestation to(NRS reduce528.013-528.027) aSection performance29 bondremoves requiredthe todefinitions securefor a“old-growth,” timberland“prior-cut,” conversion“seed certificatetree,” or“snag” loggingand permit.“young-growth.” EXPLANATION – Matter in bolded italics is new;
Existingmatter lawbetween definesbrackets various[omitted termsmaterial] relatedis material to forestbe practiceomitted. and reforestation (NRS 528.013-528.027) Section 29 removes the definitions for “old-growth,” “prior-cut,” “seed tree,” “snag” and “young-growth.” - *SB56_R1* – 4 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- 80th Session (2019) – 4 – (1) Complying with regulations of the Division [.] of State Parks;
(c) To cut, destroy, mutilate, pick or remove any flora [declared endangered by the State Forester Firewarden] that has been placed on the list of fully protected species pursuant to NRS 527.270 from any lands [, other than state park lands provided for in paragraph (b),[or owned by or under the controlUnited of]States] withinnot theotherwise Statedescribed ofin Nevadaparagraphs [or(a)a theand United(b) States]without notobtaining otherwisea described[written] inspecial paragraphspermit (a)[therefor] from the State Forester Firewarden .
[or the State Forester Firewarden’smFirewarden’s designate.] For the purposes of this subsection, the State Forester Firewarden may establish regulations for enforcement, including the issuance of collecting permits and the designation of state and federal agencies from which such permits may be obtained.
Show all 121 changed lines (81 more)
The State Forester Firewarden and his or her representatives, public officials charged with the administration of reserved and - *SB56_R1* – 5 – unreserved lands belonging to the United States, and peace officers shall enforce the provisions of this section.
Except as to flora [declared endangered by the State Forester Firewarden] that has been placed on the list of fully protected species of native flora pursuant to NRS 527.270 or as to flora on state park lands regulated by the Division of State Parks, the provisions of this section do not apply to Indians, native to Nevada, who gather any such article for food or medicinal use for themselves or for any other person being treated by Indian religious ceremony.
[“Controlled] “Prescribed fire” means the [controlled] prescribed application of fire to natural vegetation under specified - 80th Session (2019) – 5 – conditions and after precautionary actions have been taken to ensure that the fire is confined to a predetermined area.
and (b) Under the direct supervision of at least one person who is qualified to oversee such fires and who remains on-site for thetheis duration of the fire.
- *SB56_R1* – 6 – (a) A description and map of the area to be burned;
(b) A list of the personnel and equipment necessary to commencecom(c) andA controldescription of the fire;meteorological factors that must be present before commencing a [controlled] prescribed fire, including surface wind speed and direction, transport wind speed and direction, minimum mixing height, minimum relative humidity, maximum temperature and fine fuel moisture;
(c) A description of the meteorological factors that must be present before commencing a [controlled] prescribed fire, including surface wind speed and direction, transport wind speed and direction, minimum mixing height, minimum relative humidity, maximum temperature and fine fuel moisture;
- 80th Session (2019) – 6 – 3.
Sec.trees distributed over the growing area, excluding rocky areas, meadows and bodies of water, in which:
7.
“Minimally stocked” means having sound, thrifty trees distributed over the growing area, excluding rocky areas, meadows and bodies of water, in which:
- *SB56_R1* – 7 – Sec.
10.
NRS 528.0255 is hereby amended to read as follows:
- 80th Session (2019) – 7 – Sec.
NRS 528.010 to 528.090, inclusive, and sections 6 and 7 of this act are adopted:
(a) To establish minimum standards of forest practice and to require compliance therewith by every timber owner or operator.
(1)stand;(1) The current species composition and density of the stand;(2) The anticipated species composition and density of the stand post treatment;
- *SB56_R1* – 8 – (2) The anticipated species composition and density of the stand post treatment;
- 80th Session (2019) – 8 – (h) The spill prevention plan.
If a variance is requested pursuant to NRS 528.048, the applicantinformation shalland alsodata furnishregarding:e the State Forester Firewarden with information(a) andSoil datacharacteristics; regarding:
(a) Soil characteristics;
1.
Failure to comply with:
or - *SB56_R1* – 9 – (d) Any accepted alternate logging plan.
- 80th Session (2019) – 9 – 2.
(b) The extent to which [tractor logging] ground-based equipment may cause soils to be displaced or erode;
andanded (c) The extent to which [tractor logging] ground-based equipment may cause siltation and eroded soils to infiltrate the [200-foot] 50-foot stream buffer.
or larger to be left per acre, and no area will be more than one-eighth mile from seed source unless the area is adequatelyForester stocked.Firewarden.] cause the harvest area to be minimallye stocked not later than 5 years after completion of the logging operations.
Seed trees shall be approved by the State Forester Firewarden.] cause the harvest area to be minimally stocked not later than 5 years after completion of the logging operations.
[Areas of young-growth and prior-cut timber harvested for saw logs and veneer logs shall have reserved and left uncut for - *SB56_R1* – 10 – future crops all sound, immature trees of 18 inches d.b.h.
or less, with an average of not less than 10 satisfactorily located seed trees 18 inches d.b.h.
- 80th Session (2019) – 10 – 3.
(e) Trees injured or broken during operations.
No felling of trees, skidding, rigging or construction of [tractor or truck] roads or landings, or the operation of [such] vehicles, may take place during a logging operation within [200] 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 ofWildlife and the State ForesterEngineer., Firewarden, the Director of the Department of Wildlife2. and the State Engineer.
2.
- *SB56_R1* – 11 – 3.
- 80th Session (2019) – 11 – (b) The extent to which such requested activity significantly impedes or interrupts the natural volume and flow of water;
(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;
andnd nursing areas and cause (f) The filtration of sediment-laden water as a consequence of timber harvesting on adjacent slopes.
Roadside berms shall be constructed where necessary to guide surface water flow to the point of planned diversion required by NRS 528.0551 and 528.0552, and to prevent unnecessary erosion of fillsSec. and side cast material.
Sec.
(c) Provide unrestricted discharge into an area having sufficient filter capacity to effectively remove water-borne sediment to - *SB56_R1* – 12 – prevent a serious risk of causing significant degradation of water quality;
and - 80th Session (2019) – 12 – (d) Be installed at such intervals as are necessary to reasonably prevent surface water on or from such logging [truck] roads, [tractor] skid trails and firebreaks from accumulating in sufficient volume or accelerating to sufficient velocity to cause excessive erosion.
and (3) On grades of 26 to 49 percent, intervals of 50 to 100 feet;
and (4) On grades of 50 percent or more, intervals of 30 to 75 feet.
528.0553 If weather or soil conditions, or both, prevent installation of water breaks, culverts or outsloped drainage structures, or any combination thereof, prior to November 15 of each year as required by NRS 528.0551 and 528.0552, the drainage of [truck] roads, [tractor] skid trails and firebreaks shall be maintained by hand to prevent excessive erosion until permanent facilitiesfacSec. can be installed.
Sec.
- *SB56_R1*80th Session (2019) – 13 – (a) Be approved by the State Forester Firewarden;
528.060 For the purpose of protecting from damage those trees required to be left for reserve and to leave cut-over timberland in a productive condition and to regulate timberland conversion, the StateSta1. Forester Firewarden:
1.FoShall make reasonable rules in relation to stump heights, felling of trees, skid trails and skid roads, [tractor and truck] other roads, landings and rigging as the State Forester Firewarden deems wise and necessary.
Shall make reasonable rules in relation to stump heights, felling of trees, skid trails and skid roads, [tractor and truck] other roads, landings and rigging as the State Forester Firewarden deems wise and necessary.
All such timber owners or operators shall fell all snags over 20 feet in height which are 16 inches d.b.h.
All] must include, without limitation, lopping and scattering limbs from unutilized portions of trees and reproduction, felled or knocked down by logging or construction, within 100 feet of the traveled surface of any public road and main logging roads .
- 80th Session (2019) – 14 – 1.
- *SB56_R1* – 14 – (a) The present and future use of such land;
An affidavit on a form prescribed by the State Forester Firewarden,Fir(a) whichThe shallname include:of the applicant;
(a) The name of the applicant;
or (2) Negotiable securities acceptable to the State Forester Firewarden in the required amount together with a power of attorney in favor of the State Forester Firewarden to sell such securities in the(c) An individual surety executed on a form prescribed by the eventState Forester Firewarden and guaranteed by at least two persons of default.financial standing acceptable to the State Forester Firewarden.] 4.
(c) An individual surety executed on a form prescribed by the State Forester Firewarden and guaranteed by at least two persons of financial standing acceptable to the State Forester Firewarden.] 4.
(a) The Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and Marlette Lake Water - 80th Session (2019) – 15 – System created by NRS 218E.555 and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature;
and - *SB56_R1* – 15 – (d) Each United States Senator and Representative in Congress who is elected to represent the State of Nevada.
(1) The goals and policies for fire prevention and forest health (2) Any recommendations concerning fire prevention or public safety made by any fire department or fire protection district in the Nevada portion of the Lake Tahoe Basin;Basin.
and (2) Any recommendations concerning fire prevention or public safety made by any fire department or fire protection district in the Nevada portion of the Lake Tahoe Basin.
LEADLINES~~~~~ OF19 REPEALED- SECTIONS80th 527.310Session Decennial(2019) report:
Preparation;
contents;
financing.
527.320 Cooperative agreements;
annual reports;
demonstrations.
528.013 “Adequately stocked” defined.
528.019 “Old growth” defined.
528.022 “Prior-cut” defined.
- *SB56_R1* – 16 – 528.025 “Snag” defined.ined.
528.0265 “Tractor” defined.
528.027 “Young growth” defined.
528.046 Logging permit:
Reduction of performance bond.
performance bond.rland conversion certificate:
Reduction of H - *SB56_R1*
Show all 121 changed rows (81 more)
View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 135.
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Enrolled and delivered to Governor.
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In Senate. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 29, Nays: 11, Excused: 1, Vacant: 1.) To Senate.
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Taken from General File. Placed on General File for next legislative day.
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Read second time.
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From committee: Do pass.
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In Assembly. Read first time. Referred to Committee on Natural Resources, Agriculture, and Mining. To committee.
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Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To Assembly.
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From printer. To engrossment. Engrossed. First reprint.
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Read second time. Amended. (Amend. No. 101.) To printer.
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From committee: Amend, and do pass as amended.
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Read first time. To committee.
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From printer.
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Prefiled. Referred to Committee on Natural Resources. To printer.
Sponsors
- Senate Committee on Natural Resources · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Senate Committee on Natural Resources
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does SB 56 do?
- AN ACT relating to natural resources; revising provisions related to the protection of flora; revising certain definitions related to the protection of trees and flora and to forest practice and reforestation; revising provisions relating to a written plan for a prescribed fire; revising the information required to be included in an application for a logging permit; revising provisions regarding logging operations; authorizing the suspension or revocation of a logging permit for operating ground-based equipment on saturated soil; revising the requirements for the performance bond which must accompany an application for a timberland conversion certificate; eliminating the requirement that the State Forester Firewarden cause a decennial report to be created regarding certain renewable natural resources in the State; eliminating the authority of the State Forester Firewarden to reduce the required amount for certain performance bonds; making various other changes relating to forestry; providing a penalty; and providing other matters properly relating thereto.
- Who sponsors SB 56?
- SB 56 is sponsored by Senate Committee on Natural Resources.
- What is the current status of SB 56?
- This bill has been enacted into law. Introduced November 19, 2018. Enacted.
- Where can I track SB 56?
- Track SB 56 free on One Click Politics — get push/email alerts when it moves.
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