{"data":{"id":"us-nm/68-5-3","jurisdiction":"us-nm","citation":"68-5-3","heading":"Prescribed burn use.","body":"A. Prescribed burning is considered in the public interest and not a public or private nuisance.\nB. Except as limited in Subsection C of this section, a private landowner or a private landowner's agent, contractor or legally authorized designee shall have a right to conduct a prescribed burn on the landowner's property, except when the state forester or a county or municipality issues restrictions prohibiting a prescribed burn because of drought or wind conditions; provided that the prescribed burn is conducted with appropriate precautionary measures, including: the use of sufficient personnel and equipment; the prior notification of local fire officials; burn and contingency planning; and the use of appropriate prescribed burn techniques that cause the fire to be confined to a predetermined area.\nC. A prescribed burn shall not be started when the national weather service has issued a red flag warning for the area where the prescribed burn is planned to take place.","path":["Chapter 68 - Timber","ARTICLE 5 Prescribed Burning"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18571/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"31b7c2b1b7c3f965c868d9ca97090cdcc43f30040522bde826376006b821e901","source_id":"us-nm","stale":false,"prev":"us-nm/68-5-2","next":"us-nm/68-5-4"},"notice":"GroundRules: Original legal text. Not legal advice."}