Section 68-2-22 - Cutting and removing woody material without written consent

A. As used in this section:(1) 'owner' means any public agency, person, partnership, firm, corporation and recognized agents owning or having legal control to the surface rights of the land upon which the woody material is located and having legal authority to issue permits or enter into agreements for the disposal of the woody material; and(2) 'woody material' includes any live or dead evergreen, coniferous or deciduous tree, branch, bough, bush, sapling or shrub in its natural condition, trimmed or untrimmed, and with or without roots.B. No person shall cut, remove, transport or sell any woody material without written consent of the owner or proof of ownership, whether the land is publicly or privately owned. The written consent shall contain a legal description of the land where the woody material is removed, the name and address of the legal owner, the volume or amount of material to be removed, the date of execution and the expiration date of the consent. In addition, any person purchasing woody material from another for the purpose of resale must possess a valid bill of sale containing the date of sale, the amount of material purchased and the name, address and signature of

purchasing woody material from another for the purpose of resale must possess a valid bill of sale containing the date of sale, the amount of material purchased and the name, address and signature of the seller. The written consent, bill of sale or a true copy shall be carried by every person in charge of cutting, removing, transporting or selling the woody material and shall be exhibited to any peace officer at the officer's request. This provision shall not apply to campers, picnickers, hunters and persons fishing who gather woody material for use in the immediate vicinity of their campsite or private landowners removing woody material from their own land for their personal use. History: 1953 Comp., § 62-1-13, enacted by Laws 1961, ch. 200, § 1; 1963, ch. 316, § 1; 1967, ch. 15, § 1; 1977, ch. 254, § 75; 1979, ch. 395, § 1; 1978 Comp., § 68-1-10 NMSA 1978, recompiled as § 68-2-22 by Laws 1979, ch. 395, § 13; 1987, ch. 143, § 2; 2023, ch. 64, § 11. ANNOTATIONSThe 2023 amendment, effective June 16, 2023, defined 'owner' and 'woody material'; added Subsection A; and in Subsection B, after 'shall be exhibited to any', deleted 'officer of the law, forestry agent, forest ranger,

effective June 16, 2023, defined 'owner' and 'woody material'; added Subsection A; and in Subsection B, after 'shall be exhibited to any', deleted 'officer of the law, forestry agent, forest ranger, forest patrolman or conservation' and added 'peace'. Language of section is clear and unambiguous. 1969 Op. Att'y Gen. No. 69-121. Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Logs and Timber §§ 49, 61. 98 C.J.S. Woods and Forests § 5.