NM Legislation Regarding Prescribed Burning

SCONC/SB 21

AN ACT RELATING TO PRESCRIBED BURNING; PROHIBITING THE USE OF PRESCRIBED BURNING DURING A RED FLAG WARNING; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 68-5-3 NMSA 1978 (being Laws 2021, Chapter 13, Section 3) is amended to read:
"68-5-3. PRESCRIBED BURN USE.--
A. Prescribed burning is considered in the public interest and not a public or private nuisance.
B. Except as limited in Subsection C of this section, a private landowner or a private landowner's agent, contractor or legally authorized designee shall have a right to conduct a prescribed burn on the landowner's property, except when the state forester or a county or municipality issues restrictions prohibiting a prescribed burn because of drought or wind conditions; provided that the prescribed burn is conducted with appropriate precautionary measures, including: the use of sufficient personnel and equipment;
the prior notification of local fire officials; burn and contingency planning; and the use of appropriate prescribed burn techniques that cause the fire to be confined to a predetermined area.
C. A prescribed burn shall not be started when the national weather service has issued a red flag warning for the area where the prescribed burn is planned to take place."

SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.