38-101. DEFINITIONS. As used in this chapter, the following terms are defined as follows:
(a) "Forest land" means any land which has upon it sufficient brush or flammable forest growth of any kind or size, living or dead, standing or down, including debris or growth following a fire or removal of forest products, to constitute a fire menace to life (including animal) or property.
(b) "Range land" means any land which is not cultivated and which has upon it native grasses or other forage plants making it best suited for grazing of domestic and wild animals and which land is adjacent to or intermingled with forest land.
(c) "Person" shall mean and include any person or persons, and any corporation, firm or other entity.
(d) "Everyone" or "anyone" shall mean any and all person or persons, corporations, firms, or other entities.
(e) "State" shall mean the state of Idaho.
(f) "Board" shall mean the state board of land commissioners.
(g) "State forester" as used in this chapter and wherever else it is used in the Idaho Code, shall mean the director of the department of lands or his duly authorized delegates or employees, including fire wardens and deputy fire wardens.
(h) "Fire warden" or "forest warden" shall mean duly appointed fire wardens or their deputies.
(i) "Forest products" shall mean any ties, logs, poles, posts, cordwood, pulpwood or other timber products.
(j) "Slashing areas" shall mean areas upon which, after cutting of the trees or brush preparatory to clearing, or after the cutting of any forest products, sufficient flammable material remains upon the ground as a result of such operations to constitute a menace to life or property.
(k) "Slash" or "slashing" shall mean brush, severed limbs, poles, tops and/or other waste material incident to such cutting or to the clearing of land, which are four (4) inches and under in diameter.
(l) "Forest fire" as used in this chapter means any fire burning uncontrolled on any land covered wholly or in part by timber and/or other potential forest products, slash, brush, or other flammable vegetation.
(m) "Range fire" means any fire burning uncontrolled on any range land.
(n) Whenever the term "state cooperative board of forestry" is used in any other section of the Idaho Code, it shall be construed to mean the state board of land commissioners.
(o) "Administrator" means the head of a division organized within the department of lands.
(p) "Community forestry" or "urban forestry" means the management of the trees and associated vegetation in rural and urban communities.
(q) "Improved lot or parcel" means forest land upon which a residential structure exists as determined by the department. In making such determination, the department may consult with the county assessor.
History:
[38-101, added 1972, ch. 401, sec. 2, p. 1164; am. 1974, ch. 17, sec. 3, p. 308; am. 1992, ch. 258, sec. 1, p. 749; am. 1993, ch. 93, sec. 1, p. 222.]
Structure Idaho Code
Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS
Chapter 1 - IDAHO FORESTRY ACT
Section 38-102 - DUTIES OF DIRECTOR OF DEPARTMENT OF LANDS.
Section 38-104 - COOPERATION WITH OTHER AGENCIES — RESTRICTIONS.
Section 38-104A - NONPROFIT TIMBER PROTECTIVE ASSOCIATIONS — RESTRICTIONS ON LIABILITY.
Section 38-104B - NONPROFIT RANGELAND FIRE PROTECTION ASSOCIATIONS.
Section 38-105 - STATE FOREST AND RANGE LANDS — APPLICATION OF CHAPTERS.
Section 38-106 - HEARING OF AGGRIEVED LANDOWNER.
Section 38-107 - UNCONTROLLED FIRES A NUISANCE — ABATEMENT — CIVIL LIABILITY.
Section 38-108 - PROTECTION BY WOODWORKING AND WOOD PRODUCT PLANTS.
Section 38-109 - PENALTY FOR VIOLATION — INJUNCTION — SUSPENSION OF RESTRICTIONS.
Section 38-110 - FOREST PROTECTIVE DISTRICTS — FIRE WARDENS.
Section 38-111 - PROTECTION BY OWNER — ASSESSMENTS — BUDGET OF PROTECTIVE DISTRICTS.
Section 38-112 - CHARGES A LIEN — METHOD OF COLLECTION.
Section 38-113 - PURCHASER OF FOREST PRODUCTS RESPONSIBLE FOR PROTECTION — LIENS.
Section 38-114 - STATE TO PAY PRO RATA FOR FIRE PROTECTION — DEFICIENCY WARRANTS.
Section 38-116 - CAMPFIRES — ACTS PROHIBITED — PENALTY.
Section 38-117 - THROWING AWAY LIGHTED MATERIAL — PENALTY.
Section 38-118 - DUTY OF RAILROADS — PENALTIES.
Section 38-119 - NOTIFICATION OF FIRES BY RAILROAD EMPLOYEES — PENALTY.
Section 38-120 - INSTRUCTION TO EMPLOYEES OF RAILROADS.
Section 38-121 - OPERATION OF ENGINES WITHOUT ADEQUATE PROTECTION — PENALTY — INJUNCTION.
Section 38-124 - PRECAUTIONS IN DISPOSAL OF SLASH — SEPARATE OFFENSES — PENALTY.
Section 38-126 - INTERFERENCE WITH PROTECTIVE AGENCIES — PENALTY.
Section 38-127 - DESTRUCTION OF SIGNS AND WARNINGS — PENALTIES.
Section 38-128 - DUTIES OF PROSECUTING ATTORNEYS AND ATTORNEY GENERAL.
Section 38-129 - FOREST PROTECTION FUND — CUSTODY, SOURCES AND APPROPRIATION — DISBURSEMENT.
Section 38-130 - DISPOSITION OF FINES.
Section 38-131 - DEFICIENCY WARRANTS FOR EXCESS COSTS OF FIRE SUPPRESSION.
Section 38-131A - DEFICIENCY WARRANTS FOR COSTS OF FIRE SUPPRESSION ON STATE-OWNED RANGE LANDS.
Section 38-132 - REGULATIONS OF THE BOARD — PENALTY FOR VIOLATION.
Section 38-133 - OFFICERS CHARGED WITH ENFORCEMENT.
Section 38-134 - FOREST PRACTICES ACT ADMINISTRATION — FUNDING.