New Mexico Statewide Rule
New Mexico Wildland-Urban Interface and State Forestry Authority
Key Facts
- Governing statute
- NMSA 68-2
- Code adopted
- IWUIC via NMAC 14.7.5
- Restriction stages
- 1, 2, and 3
- Lead agency
- EMNRD State Forestry
- Suppression liability
- Full costs recoverable
Summary
New Mexico's State Forestry Division administers wildfire prevention statewide on non-federal lands, designates fire-prone zones, and may impose emergency restrictions overriding routine local fire rules.
The forestry division of the energy, minerals and natural resources department is responsible for the conservation of forests and forest resources and the prevention and suppression of forest fires on all nonfederal, nonmunicipal lands in the state. The division, whether independently or in cooperation with federal, state or local agencies, is authorized to:
Full Breakdown
Under NMSA 68-2 and the Wildland-Urban Interface program, the Energy, Minerals and Natural Resources Department's Forestry Division has statewide authority over wildfire prevention on non-federal, non-municipal lands. The state adopts the International Wildland-Urban Interface Code through NMAC 14.7.5 for areas designated as fire hazard zones. State Forestry may issue stage 1, 2, or 3 fire restrictions affecting campfires, smoking, equipment use, and target shooting. Local jurisdictions in WUI areas must adopt building defensible space standards. The state coordinates with federal agencies on fuel reduction and prescribed burns.
Violations & Penalties
Violating state fire restrictions is a misdemeanor; causing wildfire through negligence creates civil liability for full suppression costs and damages, plus potential felony charges.
Frequently Asked Questions
Do state fire restrictions override local rules?
Am I required to maintain defensible space?
Sources
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