New Mexico 2023 Regular Session

New Mexico Senate Bill SB21

Introduced
1/17/23  
Report Pass
2/2/23  
Report Pass
2/7/23  
Engrossed
2/9/23  
Report Pass
2/15/23  
Report Pass
3/7/23  
Enrolled
3/14/23  
Chaptered
4/4/23  

Caption

Prohibit Prescribed Burning During Red Flags

Impact

The implications of SB21 on state laws include amendments to existing regulations concerning prescribed burns. Previously, landowners had the right to conduct such burns provided they followed established protocols. However, this bill introduces a critical condition: burns cannot commence if a red flag warning has been issued. This change marks a significant shift toward prioritizing community safety in the context of environmental management. It aims to reduce the risk of wildfires during particularly dangerous weather conditions while ensuring that landowners remain informed of and comply with safety protocols.

Summary

SB21 aims to enhance fire safety by prohibiting prescribed burning during periods of red flag warnings. The bill recognizes the potential hazards associated with this practice in elevated fire risk conditions, ensuring that landowners are restricted from igniting burns when the state forester or local municipalities deem it unsafe. This legislative measure responds to growing concerns about wildfires exacerbated by unfavorable weather conditions and aims to protect public safety and property during critical times. The bill emphasizes emergency preparedness and immediate action in the context of fire management.

Sentiment

Overall sentiment around SB21 appears largely favorable, particularly among fire safety advocates and environmental organizations. Supporters argue that the bill represents a proactive step in wildfire prevention and community protection. Conversely, there may be some concerns among landowners about restrictions on their ability to conduct prescribed burns, potentially leading to frustration around management practices and land use. Nevertheless, the prevailing view is that the safety of residents takes precedence over landowner autonomy during heightened fire risks.

Contention

Notable contention surrounds the balance between land management practices and fire prevention. While the bill is generally accepted as necessary for protecting public safety, some stakeholders may posit that restrictions could complicate traditional land management practices or delay necessary ecological benefits associated with prescribed burns. Discussions may also focus on how effectively the bill can be enforced and whether additional resources might be needed to educate landowners about compliance and safety measures.

Companion Bills

No companion bills found.

Previously Filed As

NM LD24

An Act to Prohibit Certain Open Burning Under a Red Flag Warning and Regulate Recreational Campfires

NM HB1557

Prescribed burning.

NM SB415

To Establish The Arkansas Prescribed Burning Act.

NM SB2972

PRESCRIBED BURNING-LIABILITY

NM HB2514

PRESCRIBED BURNING-LIABILITY

NM HB4717

PRESCRIBED BURNING-LIABILITY

NM SB5

Prohibiting the prescribing of drugs intended to cause an abortion using telemedicine and restricting the governor's power during a state of emergency to alter such prohibitions.

NM HR0092

PRESCRIBED BURNING MONTH

NM SR0095

PRESCRIBED BURNING MONTH

NM HR0174

PRESCRIBED BURNING MONTH

Similar Bills

NJ A5782

Establishes deadline for DEP implementation of prescribed burn program, and provides for establishment of prescribed burn acreage goals, schedules, calendars, training program, and mobile deployment units to provide on-site prescribed burn training and assistance.

CA AB2741

Prescription drugs: opioid medications: minors.

CA AB2585

Prescribed burns: burn managers: liability.

CA AB771

Burning of forest lands: forest land owners.

CA AB2091

Fire prevention: prescribed burns: insurance pool.

IN HB1557

Prescribed burning.

AR SB415

To Establish The Arkansas Prescribed Burning Act.

CA AB2086

Controlled substances: CURES database.