31-831. ABATEMENT OF CATASTROPHIC PUBLIC NUISANCE — DEFINITIONS. As used in sections 31-831 through 31-834, Idaho Code:

(1) "Catastrophic public nuisance" means a condition on federal land where natural resources and biota have been managed or neglected to such an extent as to cause:

(a) The threat of a catastrophic wildfire demonstrated by stand density, basal area or ground fuel load greater than one hundred fifty percent (150%) of land health standards or an insect or disease infestation severe enough to threaten the mortality of at least twenty percent (20%) of the trees in the forestation area; or

(b) A condition in the area that threatens the quality or quantity of the public water supply of a county, the health, safety or welfare of the citizens of a county, the air quality of a nonattainment area, or the vegetative resources required to support land health and authorized livestock grazing.

(2) "Chief executive officer" means for a county, the chair of the county commission, if the county is operating under the county commission or expanded county commission form of government; the county executive officer, if the county is operating under the county-executive form of government; or the county manager, if the county is operating under the council-manager form of government.

(3) "County sheriff" means an individual elected to the office of county sheriff and who fulfills the duties described in section 31-2202, Idaho Code.

(4) "Federal agency" means the United States bureau of land management, the United States forest service, the United States fish and wildlife service or the national park service.

(5) "Federally managed land" means land that is managed by a federal agency.

History:

[31-831, added 2016, ch. 366, sec. 1, p. 1075.]