Idaho State Statutes - Idaho Attorney Directory

PROTECTION BY LOGGING OUTFITS -- FIRE SUPPRESSION ACCOUNT --
LIABILITY FOR FIRE SUPPRESSION COSTS -- PENALTY. (1) Everyone engaged, or
about to engage, in the cutting of any forest product or potential forest
product upon lands within the state of Idaho shall provide for the management
and reduction of the fire hazard thus created or to be created by first
securing a certificate of compliance from the director of the department of
lands or his agent, said compliance to provide the option of entering into a
fire hazard reduction agreement as provided in sections 38-401 through 38-410,
Idaho Code, inclusive, or by posting a cash bond to the state of Idaho in such
form and for such amount as may be prescribed by the director of the
department of lands: provided, however, that the amount of the bond so
prescribed shall not be in excess of the amount which such person would be
required to pay under said sections 38-401 through 38-410, Idaho Code,
inclusive, and that the bond shall be conditioned upon full and faithful
compliance with all requirements under said sections 38-401 through 38-410,
Idaho Code, inclusive, and the faithful reduction of such fire hazards in the
manner prescribed by law. Provided further that the initial purchaser of ties,
logs, posts, cordwood, pulpwood and other similar forest products which have
been cut from lands within the state of Idaho shall make no such purchase from
anyone not having a proper compliance under this section and formal acceptance
of notification under subsection (2) of section 38-1306, Idaho Code. When a
person elects to have hazard reduction money withheld in lieu of posting a
cash bond, the purchaser of forest products shall withhold the money and said
money so withheld in any one (1) calendar month shall be paid to the director
of the department of lands or his agent on or before the last day of the next
calendar month. After sending such moneys to the director of the department of
lands the purchaser shall not be further liable to the state of Idaho or to
the person from whom the money was withheld. The director of the department of
lands, upon receipt of the cash bond or transmittal of withheld money, shall
promptly deposit the same with the state treasurer to be held in trust until
the hazard has been reduced as required by law. Such hazard reduction shall be
accomplished by the responsible party within the terms set forth in the
certificate of compliance or such additional time as may be granted by the
director of the department of lands, and upon completion thereof, the director
of the department of lands or his agent shall issue a certificate of
clearance, stating that all the terms of this section have been complied with.
Such clearance shall constitute reason for the release of said hazard
reduction money and payment to the person entitled thereto or release of the
cash bond posted, except that: (a) three percent (3%) of the hazard reduction
money or bond shall be deposited in a special account to be known as the fire
suppression account, which is hereby created in the dedicated fund of the
state treasury, and which shall be used by the department of lands to help pay
the cost of suppressing forest fires; and (b) as determined by the state board
of land commissioners, for harvest from private land, an additional amount,
not to exceed three percent (3%) of the hazard reduction money or bond shall
be deposited in the forest practices administration account established in
section 38-135, Idaho Code, for the purpose of carrying out the provisions of
the forest practices act, section 38-1301 et seq., Idaho Code. In the event
the hazard reduction shall not be accomplished within said period of time, the
money shall be released by the state treasurer on direction from the director
of the department of lands less the three percent (3%) deduction specified for
the fire suppression account and for harvest from private land, the deduction
specified by the state board of land commissioners for the forest practices
administration account, and credited to the "forest management account" for
the management and reduction of any fire hazard and for the protection of
forest resources as provided by section 38-408, Idaho Code.
(2) With the exception of cases of negligence on the part of the
landowner, operator or their agents, liability for the cost of suppressing
fires that originate on or pass through a slashing area shall remain with the
state forester if one of the following alternatives is executed by the
landowner or operator: (a) the slashing area is covered by a certificate of
compliance and all hazard money payments are current or a proper bond is in
place; (b) the landowner or operator treats the slash in accordance with rules
adopted by the state board of land commissioners that are in effect during the
period covered by the certificate of compliance or approved extensions; or
(c) the landowner or operator elects to enter into a contract with the state
forester for the management of the slash and liability of fire suppression
costs in accordance with section 38-404, Idaho Code.
Should the landowner or operator choose not to treat the slash or not
enter into a contract with the state forester in accordance with section
38-404, Idaho Code, the landowner or operator shall, in addition to forfeiting
the bond provided for in section 38-122, Idaho Code, be subject to the
provisions of section 38-123, Idaho Code, and his liability, if any, for fire
suppression costs up to the limits set by the state forester, shall exist for
a period of five (5) years following completion of the operation for all fires
that originate in or pass through the landowner's or operator's slashing area,
except that the landowner or operator may choose to pay an additional fee, to
be determined by the director, upon payment of which the director will assume
the liability for the cost of suppressing fires that originate in or pass
through the slashing area.
(3) A violation of any of the provisions of this section shall be deemed
a petty misdemeanor.

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