1. No felling of trees, skidding, rigging or construction of roads or landings, or the operation of vehicles, may take place during a logging operation within 50 feet, measured on the slope, of the high-water mark of any lake, reservoir, stream or other body of water unless a variance is first obtained pursuant to subsection 2 from a committee composed of the State Forester Firewarden, the Director of the Department of Wildlife and the State Engineer.
2. The committee may grant a variance authorizing any of the activities prohibited by subsection 1 within a 50-foot buffer area if the committee determines that the goals of conserving forest resources and achieving forest regeneration, preserving watersheds, reaching or maintaining water quality standards adopted by federal and state law, continuing water flows, preserving and providing for the propagation of fish life and stream habitat and preventing significant soil erosion will not be compromised.
3. In acting on a request for such variances, the committee shall consider the following factors:
(a) The extent to which such requested activity is consistent with good forestry management for the harvesting of timber;
(b) The extent to which such requested activity significantly impedes or interrupts the natural volume and flow of water;
(c) The extent to which such requested activity significantly affects a continuation of the natural quality of the water pursuant to state and federal water quality standards;
(d) The extent to which such requested activity is consistent with the prevention of significant soil erosion;
(e) The extent to which such requested activity may significantly obstruct fish passage, cause sedimentation in fish spawning areas, infringe on feeding and nursing areas and cause variations of water temperatures; and
(f) The filtration of sediment-laden water as a consequence of timber harvesting on adjacent slopes.
4. The committee may prohibit a logging operation from felling trees, skidding, rigging or constructing roads or landings, or operating vehicles, in an area greater than 50 feet, measured on the slope, from the high-water mark of any lake, reservoir, stream or other body of water if the committee determines that the site conditions of the logging operation warrant such prohibition.
(Added to NRS by 1971, 1446; A 1973, 461; 1979, 913; 1993, 1700; 2003, 1580; 2017, 1390; 2019, 737)
Structure Nevada Revised Statutes
Chapter 528 - Forest Practice and Reforestation
NRS 528.014 - "d.b.h." defined.
NRS 528.015 - "Director" defined.
NRS 528.016 - "Division" defined.
NRS 528.017 - "Dry season" defined.
NRS 528.0173 - "Ground-based equipment" defined.
NRS 528.0175 - "Logging operation" defined.
NRS 528.0185 - "Minimally stocked" defined.
NRS 528.021 - "Operating area" defined.
NRS 528.024 - "Slash" defined.
NRS 528.0255 - "Stream" defined.
NRS 528.026 - "Thrifty trees" defined.
NRS 528.0263 - "Timber owner" defined.
NRS 528.030 - Statement of purposes.
NRS 528.040 - Administration by State Forester Firewarden.
NRS 528.042 - Logging permit: Requirement; application.
NRS 528.043 - Logging permit: Logging plan; performance bond.
NRS 528.044 - Logging permit: Issuance; denial; hearing after denial; return of performance bond.
NRS 528.045 - Logging permit: Duration; renewal.
NRS 528.047 - Logging permit: Suspension and revocation.
NRS 528.048 - Variance required for operating ground-based equipment on certain slopes.
NRS 528.050 - Stocking requirements after completion of logging operations.
NRS 528.0551 - Control of erosion: Water breaks and culverts required.
NRS 528.0552 - Control of erosion: Outsloped drainage in lieu of water breaks or culverts.
NRS 528.0553 - Control of erosion: Hand maintenance required in absence of other structures.
NRS 528.0554 - Control of erosion: Use of slash to retard water flow.
NRS 528.057 - Seeding of trails, roads and landings required on completion of operations.
NRS 528.060 - Rules and regulations of State Forester Firewarden.
NRS 528.070 - Required practices to prevent and suppress fire.
NRS 528.083 - Timberland conversion certificate: Conversion plan; affidavit; performance bond.
NRS 528.085 - Timberland conversion certificate: Contents; not transferable; renewal.
NRS 528.088 - Timberland conversion certificate: Suspension and revocation.
NRS 528.092 - "Conservation plant materials" defined.
NRS 528.093 - "Desert forestry" defined.
NRS 528.094 - "Native landscape" defined.
NRS 528.095 - "Production" defined.
NRS 528.096 - "Public property" defined.
NRS 528.097 - "Revegetation" defined.
NRS 528.098 - "Urban forestry" defined.
NRS 528.100 - Cooperative agreements for establishment of nurseries; Fund for Forest Nurseries.
NRS 528.107 - Buildings, equipment and personnel for state nurseries.
NRS 528.115 - Cooperative agreements for research and dissemination of information.