A. As used in this section, "forest fire" means a fire burning uncontrolled on lands covered wholly or in part by timber, brush, grass, grain or other inflammable vegetation.
B. A person who willfully or recklessly sets a forest fire or causes a forest fire to be set for which efforts to control or extinguish the fire are exerted by the forestry division of the energy, minerals and natural resources department; an agency under agreement with the energy, minerals and natural resources department; a county or municipality; or any fire protection agency of the United States may be liable for the costs incurred, including expenses for fighting the fire and costs of investigation.
History: Laws 1921, ch. 33, § 4; C.S. 1929, § 35-1409; 1941 Comp., § 14-1804; 1953 Comp., § 40-18-4; Laws 1967, ch. 136, § 1; 2007, ch. 332, § 1.
Compiler's notes. — Section 68-2-3 NMSA 1978 makes the director of the forestry division of the minerals and natural resources department the "state forester".
Cross references. — For public nuisances, see 30-8-1 NMSA 1978.
For offenses of improper handling of fire and negligent arson, see 30-17-1 and 30-17-5 NMSA 1978, respectively.
The 2007 amendment, effective June 15, 2007, deleted Subsections B and C and added a new Subsection B.
Law reviews. — For note, "Forest Fire Protection on Public and Private Lands in New Mexico," see 4 Nat. Resources J. 374 (1964).
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