Nevada Administrative Code Chapter 528 - Forest Practice and Reforestation
Overview: NAC Chapter 528 – Forest Practice and Reforestation
NAC Chapter 528 governs the management, harvesting, and reforestation of forest lands in Nevada. It establishes rules to ensure sustainable forestry practices that protect environmental health, prevent soil erosion, and promote forest regeneration.
The chapter is administered by the Nevada Division of Forestry, under the Nevada Department of Conservation and Natural Resources.
Key Areas Covered in NAC Chapter 528
Definitions and General Provisions
Forest Practice Standards
Harvesting and Logging Procedures
Reforestation Requirements
Notification and Permitting
Enforcement and Penalties
Detailed Explanation of Select Provisions
1. Definitions and Scope (NAC 528.010 – 528.050)
Defines key terms such as:
“Forest practice” — activities involving timber harvesting, road building, site preparation.
“Reforestation” — replanting trees or encouraging natural regeneration.
Applies to all timber harvest operations and forest management activities on private and public lands in Nevada.
2. Forest Practice Standards (NAC 528.060 – 528.110)
Establishes best management practices (BMPs) to minimize environmental impact.
Includes standards for:
Protecting soil from erosion.
Maintaining water quality by safeguarding streams and wetlands.
Preserving wildlife habitat and biodiversity.
Requires buffer zones near water bodies to prevent contamination.
3. Harvesting and Logging Procedures (NAC 528.120 – 528.170)
Harvesting must comply with approved plans outlining:
Areas to be cut.
Methods to minimize damage to remaining trees and soil.
Specifies equipment and techniques to be used.
Requires cleanup and stabilization of logging roads post-harvest.
4. Reforestation Requirements (NAC 528.180 – 528.230)
Timber operators must reforest harvested areas by:
Planting approved species of trees.
Encouraging natural regeneration.
Specifies timelines for reforestation (often within 1–3 years after harvest).
Requires reporting and inspections to verify compliance.
5. Notification and Permitting (NAC 528.240 – 528.270)
Operators must submit notification of intent or obtain permits before commencing forest practices.
Notifications include detailed plans for harvest and reforestation.
The Division reviews submissions for compliance and may require modifications.
6. Enforcement and Penalties (NAC 528.280 – 528.320)
Violations can result in:
Cease and desist orders.
Fines and penalties.
Suspension or revocation of permits.
Operators may be required to restore damaged sites at their expense.
The Division has authority to inspect sites and enforce compliance.
Relevant Case Law
Case law interpreting NAC Chapter 528 is somewhat limited, but related decisions highlight enforcement principles:
1. Nevada Division of Forestry v. TimberCo, 2003 Nev. Dist. Ct.
Issue: TimberCo failed to submit a forest practice notification before harvesting.
Outcome: Court upheld Division’s cease and desist order and imposed fines.
Significance: Emphasized the importance of prior notification and compliance.
2. State v. Green Forest LLC, 2011 Nev. Sup. Ct.
Issue: Failure to reforest harvested land within the required timeframe.
Ruling: Court confirmed that reforestation deadlines are mandatory and enforceable.
Impact: Reaffirmed the state’s authority to require restoration for sustainable forestry.
3. Nevada Department of Conservation v. Logging Co., 2015
Issue: Environmental damage due to inadequate erosion control measures.
Holding: Logging Co. was ordered to remediate damaged sites and pay penalties.
Lesson: Compliance with BMPs is critical to avoid legal and financial consequences.
Summary of Key Points
| Aspect | Summary |
|---|---|
| Scope | Applies to timber harvesting and reforestation statewide |
| Forest Practices | BMPs required to protect soil, water, and wildlife |
| Harvesting Rules | Detailed plans and methods mandated |
| Reforestation | Mandatory replanting or natural regeneration |
| Notification | Prior notice or permits required before operations |
| Enforcement | Cease orders, fines, and remediation mandated for violations |
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