37-483. Program to remove vegetative natural products; hazardous vegetation; definition

366 words·~2 min read·/az/title-37/37-483

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The commissioner and the state forester shall collaborate to establish a program to remove vegetative natural products for the purposes of fire prevention and forest and watershed restoration and to facilitate the development of wood products industries in this state.

B. To implement the program to remove vegetative natural products from state land, the commissioner and state forester may:

1. Coordinate and contract with public and private entities.

2. Enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with a county, city, town, natural resource conservation district or other political subdivision to share the cost of implementing the program. An intergovernmental agreement entered into pursuant to this paragraph must state the responsibilities of each party with regard to implementing the program to remove vegetative natural products from state lands.

C. To implement the program to remove vegetative natural products where the vegetation is hazardous, the state forester may:

1. Enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 or a memorandum of understanding with a public agency to identify and remove the hazardous vegetation from land in this state, including state, federal, tribal and private lands for the purposes of fire prevention, forest and watershed restoration and critical infrastructure protection. An intergovernmental agreement or memorandum of understanding entered into pursuant to this subsection must state the responsibilities of each party with regard to implementing the agreement. This paragraph does not apply to state trust land.

2. Use legislative appropriations and accept and spend monies from public agencies, gifts, donations and grants for the costs of implementing this subsection. Monies received pursuant to this paragraph shall be deposited in the cooperative forestry fund established by section 37-1306.

3. Use programs that are designed to reduce recidivism for forest restoration projects on lands located within this state.

D. Consent of the property owner is required to remove hazardous vegetation on private property as prescribed in subsection C of this section.

E. Consent of the tribe is required to remove hazardous vegetation as prescribed in subsection C of this section on tribal land.

F. For the purposes of this section, "public agency" has the same meaning prescribed in section 11-951.