N.M. Code R. § 20.11.21.15 Smoke Management; Prescribed Burns; Wildland Fire Use;wildfires Under Supression

• Library: New Mexico Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 34, No. 24, December 19, 2023
• Citation: N.M. Code R. § 20.11.21.15
• Year: 2023

20.11.21.15 NMAC applies to all persons who intend to use prescribed fire to burn more than 10 acres or more than 1,000 cubic feet of pile volume of vegetative material per day. Specified portions of 20.11.21.15 NMAC also apply to the land manager or owner of property on which a wildfire occurs.

A. Materials allowed to be burned: Only vegetative material shall be burned, with the following exceptions: (1) auxiliary fuel or incendiary devices may be used to start the burning authorized by 20.11.21.15 NMAC provided that: (a) no oil heavier than No. 2 diesel shall be used; and (b) no more than the minimum amount of auxiliary fuel necessary to start the fire shall be used. (2) Polyethylene sheeting may be burned with the vegetative materials, provided that: (a) the sheeting has been covering piled vegetative material for at least one month prior to burning; (b) the amount of sheeting burned is no more than the minimum necessary to cover the pile; (c) removal of the sheeting before burning is impractical; and (d) the burner is able to provide evidence, such as purchase records or package labeling, that establish the sheeting is polyethylene and not some other form of plastic.

B. Requirements for PB-I: For any burn project expected to produce less than one ton of PM10 emissions per day or burn less than 5,000 cubic feet pile volume per day, all of the following requirements shall apply (1) The burner shall burn only under appropriate dispersion conditions. In order to accomplish this objective, the burner shall follow either Subparagraph (a) or (b) of Paragraph (1) of Subsection B of 20.11.21.15 NMAC.(a) The burner shall:(i) ignite burns only during the hours from one hour after sunrise until one hour before sunset; the burner may apply for a waiver of this requirement by submitting a written application for waiver to the department at least two weeks prior to the planned burn project the burner shall document the reasons for requesting the waiver in the application for a waiver; the department shall notify the burner no later than one week prior to the planned burn project whether the waiver is granted or denied, and, if denied, the reasons for the denial; the department shall consider each waiver request on a case-by-case basis; and (ii) conduct burn projects at least 300 feet from any occupied dwelling, workplace, or place where people congregate, which is on property other than the burn project location; the burner may apply for a waiver of this requirement by submitting a written application for waiver to the department at least two weeks prior to the planned burn project; the burner shall document the reasons for requesting the waiver in the application for a waiver; the department shall notify the burner no later than one week prior to the planned burn project whether the waiver is granted or denied, and, if denied, the reasons for the denial; and the department shall consider each waiver request on a case-by-case basis; or (b) The burner shall (i) only burn during times when the ventilation index category is rated "good" or better, as determined by using the methodology outlined in 20.11.21.17 NMAC, unless a waiver has been granted by the department; the burner may apply for a waiver of this requirement by submitting a written application for waiver to the department no later than 10:00 a.m. one business day prior to the planned burn project; the burner shall document the reasons for requesting the waiver in the application for a waiver the department shall notify the burner no later than 3:00 p.m. one business day prior to the planned burn project...