Idaho State Statutes - Idaho Attorney Directory

PROTECTION BY OWNER -- ASSESSMENTS -- BUDGET OF PROTECTIVE
DISTRICTS. Every owner of forest lands in the state shall furnish or provide
therefor, throughout the closed season, protection against the starting,
existence or spread of fires thereon, or therefrom, in conformity with
reasonable rules and standards for adequate protection, to be established by
the state board of land commissioners. An owner of forest lands who maintains
a membership in good standing in a forest protective association operating
under agreement with the state board of land commissioners, which association
maintains a standard of protection approved by said board and who pays the
assessments to the association in the amounts required in this section, shall
be deemed to have fully complied herewith. In the event the owner of any
forest land shall neglect or fail to furnish the protection required in this
section, the director of the department of lands shall provide such patrol and
protection therefor at actual cost to the owner of forest lands. For private
owners of forest lands whose total acres of forest lands are twenty-six (26)
acres or more, the state board of land commissioners shall establish this cost
not to exceed sixty cents (60¢) an acre per year. For private owners of forest
lands whose total acres of forest lands are twenty-five (25) acres or fewer,
the minimum assessment per year shall be equal to the per acre cost multiplied
by twenty-five (25).
In addition to any other assessment prescribed in this chapter, the state
board of land commissioners shall establish a surcharge to be levied and
assessed in an amount not to exceed twenty dollars ($20.00) for each improved
lot or parcel, to defray the cost of fire suppression on forest land caused by
the existence of the improvements.
In the event an assessment is made in an amount less than the maximum
hereinbefore provided, and an actual loss occurs which exceeds the amount
budgeted and for which assessments have been made, the director of the
department of lands, with the approval of the board, may require an additional
assessment to be made and paid, which together with the original assessment
shall not exceed the maximum assessment set forth in this section. Such
additional assessment shall be levied and collected in the same manner as
herein provided for the collection of such original assessments. The liability
provided in this section shall be calculated for each forest protection
district or association separately, and shall be calculated solely upon the
charges assignable to fire control or presuppression of fires within each
district or association.
Each forest protective association actively engaged in forest protection
under agreement with the state board of land commissioners shall each year
prepare in detail, a budget of all estimated operating costs for the next
calendar year and shall submit this budget to the board for approval before
June 30 of the current year.
Except for the provisions of section 38-122, Idaho Code, and cases of
proven negligence by the landowner or his agent, no other charges or
assessments for fire protection shall be made or assessed or collected from
those forest landowners participating as provided herein.

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