No person shall cut, remove, transport or sell any woody material without written consent of the owner or proof of ownership, whether the land is publicly or privately owned. The written consent shall contain a legal description of the land where the woody material is removed, the name and address of the legal owner, the volume or amount of material to be removed, the date of execution and the expiration date of the consent. In addition, any person purchasing woody material from another for the purpose of resale must possess a valid bill of sale containing the date of sale, the amount of material purchased and the name, address and signature of the seller. The written consent, bill of sale or a true copy shall be carried by every person in charge of cutting, removing, transporting or selling the woody material and shall be exhibited to any officer of the law, forestry agent, forest ranger, forest patrolman or conservation officer at his request at any time. This provision shall not apply to campers, picnickers, hunters and fishermen who gather woody material for use in the immediate vicinity of their campsite or private landowners removing woody material from their own land for their personal use.
History: 1953 Comp., § 62-1-13, enacted by Laws 1961, ch. 200, § 1; 1963, ch. 316, § 1; 1967, ch. 15, § 1; 1977, ch. 254, § 75; 1979, ch. 395, § 1; 1978 Comp., § 68-1-10 NMSA 1978, recompiled by Laws 1979, ch. 395, § 13; 1987, ch. 143, § 2.
Language of section is clear and unambiguous. 1969 Op. Att'y Gen. No. 69-121.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Logs and Timber §§ 49, 61.
98 C.J.S. Woods and Forests § 5.
Structure New Mexico Statutes
Article 2 - Forest Conservation
Section 68-2-2 - [Acceptance of federal laws.]
Section 68-2-3 - State forester; compensation; seal; qualifications.
Section 68-2-4 - Forestry division office; state forester in charge; executive officer.
Section 68-2-5 - State forester; employment of personnel; state fire chief; office clerk.
Section 68-2-6 - Division to serve as contracting agency for state.
Section 68-2-7 - Forest fire defined.
Section 68-2-8 - Statewide responsibility for forest fire protection.
Section 68-2-9 - Penalty for obstruction.
Section 68-2-10 - Administrative districts.
Section 68-2-11 - Contracts for protection of forest areas.
Section 68-2-12 - Acquisition and disposition of land by division.
Section 68-2-14 - Enforcement of laws; investigation of violations.
Section 68-2-16 - Rules and regulations of division.
Section 68-2-17 - Laws; rules and regulations; violations; penalties.
Section 68-2-21 - Revolving fund created.
Section 68-2-22 - Cutting and removing woody material without written consent.
Section 68-2-23 - Definitions.
Section 68-2-24 - Forest land policy.
Section 68-2-25 - Forest owner assistance.
Section 68-2-26 - Enforcement; Forest Conservation Act.
Section 68-2-27 - Using false information to comply with the Forest Conservation Act.
Section 68-2-28 - Forest land protection revolving fund created.
Section 68-2-29 - Short title.
Section 68-2-30 - Findings and purpose of act.
Section 68-2-31 - Definition[s].
Section 68-2-33 - Tree planting advisory committee created; purpose of committee; composition.