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State Statutes - Idaho - Title 38 - Chapter 13 - 38-1306
Idaho Statutes
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38-1306 - NOTIFICATION OF FOREST PRACTICE
(1) Before commencing a forest
practice, the department shall be notified as required in subsection (2) of
this section. The notice shall be given by the operator; however, the timber
owner or landowner satisfies the responsibility of the operator under this
subsection. When more than one (1) forest practice is to be conducted in
relation to harvesting of forest tree species, one (1) notice including each
forest practice to be conducted shall be filed with the department. A woodland
management plan prepared by the woodland foresters of the department or
approved by the board of supervisors of a soil conservation district shall
constitute suitable notification of a forest practice when filed with the
department, provided the woodland management plan contains the information
required in subsection (2) of this section.
(2) The notification required in subsection (1) of this section shall be
on forms prescribed and provided by the department and shall include the name
and address of the operator, timber owner, and landowner, the legal
description of the area in which the forest practice is to be conducted and
other information the department considers necessary for the administration of
the rules adopted by the board under section 38-1304, Idaho Code.
(3) All notifications must be formally accepted by the department before
any forest practice may begin. [(a) (b)]
[(4)](5) 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
acceptance of forest practice notice.
[(5)](6) Promptly upon formal acceptance of the notice, but not more than
fifteen (15) days from formal acceptance of the notice, the department shall
mail a copy of the notice to whichever of the operator, timber owner, or
landowner that did not submit the notification. The department shall make
available to the operator, the timber owner, and landowner a copy of the
rules.
[(6)](7) An operator, timber owner, or landowner, whichever filed the
original notification, shall notify the department of any subsequent change in
the information contained in the notification within thirty (30) days of the
change. Promptly upon receipt of notice of change, but not to exceed fifteen
(15) days from receipt of notice, the department shall mail a copy of the
notice to whichever of the operator, timber owner, or landowner that did not
submit the notice of change.
[(7)](8) The notification is valid for the same period as set forth in
the certificate of compliance under section 38-122, Idaho Code. At the
expiration of the notification, if the forest practice is continuing, the
notification shall be renewed using the same procedures provided for in this
section.
[(8)](9) If the notification required by subsection (1) of this section
indicates that at the expiration of the notification that the forest practice
will be continuing, the operator, timber owner, or landowner, at least thirty
(30) days prior to the expiration of the notification, shall notify the
department and obtain a renewal of the notification. Promptly upon receipt of
the request for renewal, but not to exceed fifteen (15) days from receipt of
the request, the department shall mail a copy of the renewed notification to
whichever of the operator, timber owner, or landowner that did not submit the
request for renewal.
[(9)](10) The department shall not accept a new forest practices
notification from any operator having an outstanding notice of violation until
the repairs specified pursuant to section 38-1307(2)(a), Idaho Code, have been
completed to the satisfaction of the department.
 
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