38-125. CLEARING RIGHTS OF WAY — PRECAUTION IN CLEARING — APPLICATION TO PUBLIC WORK — PENALTY — INJUNCTION. Everyone clearing right of way for any railroad, public or private highway or road, public trail, public utility, logging road, trail, ditch, dike, pipe line or wire line, or any other transmission or transportation utility right of way, shall safely dispose of all refuse timber, brush, slash or debris cut for such clearing or resulting from the cutting of material for the construction of such right of way. Said piling and burning shall be done as rapidly as cutting and clearing progresses; provided, that upon application to the director of the department of lands, he may grant a permit extending the time within which such burning must be done; provided, further, that if such work be done during the closed season it must be done in compliance with all the provisions of this chapter relating to burning permits during the closed season.
The provisions of this section shall apply to all clearing of rights of way on behalf of the state, county, highway districts and road districts, whether the work be done by day labor, or by contract, and unless unavoidable emergency prevents, provisions shall be made by the proper officials conducting, directing, or letting said work, for withholding until it is complete, a sufficient portion of the payment therefor to insure compliance with this chapter.
Violation of any provisions of this section shall be deemed a misdemeanor.
In addition to the penalty herein provided, the offender may be enjoined at the instance of the director of the department of lands, or of the fire warden of the district, from proceeding with such work until the provisions of this section shall have been complied with; and, upon application of the director of the department of lands, or of the fire warden of the district, to any court of competent jurisdiction, a writ of mandate shall issue compelling the offender to fully comply with the provisions hereof.
History:
[38-125, added 1972, ch. 401, sec. 2, p. 1164.]
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.