1.  No person may operate ground-based equipment on a slope that is greater than 30 percent without first obtaining a variance from the State Forester Firewarden.

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Terms Used In Nevada Revised Statutes 528.048

  • person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039

2.  The State Forester Firewarden shall act on a request for a variance within 45 days after receipt of a proper application, which shall include the information required by subsection 2 of NRS 528.043. If a variance is granted, it is subject to such conditions and requirements as the State Forester Firewarden may prescribe.

3.  In acting on a request for a variance, the State Forester Firewarden shall consider the following factors:

(a) The extent to which ground-based equipment may destroy advanced regeneration and litter cover;

(b) The extent to which ground-based equipment may cause soils to be displaced or erode; and

(c) The extent to which ground-based equipment may cause siltation and eroded soils to infiltrate the 50-foot stream buffer.

4.  An applicant may request a hearing before the State Forester Firewarden within 10 days after the denial of a request for a variance.

5.  Upon any final denial, any performance bond shall be returned to the applicant.