Sections
Chapter 1 Idaho Forestry Act 38-101 – 38-136
Chapter 4 Fire Hazard Reduction Programs 38-401 – 38-411
Chapter 5 Seeding of Burned Areas 38-501 – 38-511
Chapter 6 Forest Insects, Pests and Disease 38-601 – 38-608
Chapter 7 Forest, Wildlife and Range Experiment Station 38-701 – 38-716
Chapter 8 Floating Timber 38-801 – 38-809
Chapter 11 Sale of Lumber Produced Outside of the State 38-1101 – 38-1102
Chapter 12 Log Scaling 38-1201 – 38-1222
Chapter 13 Forest Practices Act 38-1301 – 38-1313
Chapter 14 Right to Conduct Forest Practices 38-1401 – 38-1404
Chapter 15 Idaho Forest Products Commission 38-1501 – 38-1518
Chapter 16 Interstate Forest Fire Suppression Compact 38-1601

Terms Used In Idaho Code > Title 38 - Forestry, Forest Products and Stumpage Districts

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • anyone: shall mean any and all person or persons, corporations, firms, or other entities. See Idaho Code 38-101
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assessment year: means January 1 through December 31 of any calendar year in which the commission levies an assessment. See Idaho Code 38-1502
  • Base year: means the calendar year immediately preceding the assessment year. See Idaho Code 38-1502
  • Board: shall mean the state board of land commissioners. See Idaho Code 38-101
  • Business entity: means a person, firm, partnership, corporation, association, trust or other recognized legal entity. See Idaho Code 38-1502
  • Buyer: means a person who buys or contracts to buy goods. See Idaho Code 28-2-103
  • Commission: means the Idaho forest products commission created by section 38-1503, Idaho Code. See Idaho Code 38-1502
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Idaho Code 28-2-106
  • Conviction: A judgement of guilt against a criminal defendant.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forest fire: as used in this chapter means any fire burning uncontrolled on any land covered wholly or in part by timber and/or other potential forest products, slash, brush, or other flammable vegetation. See Idaho Code 38-101
  • Forest land: means any land which has upon it sufficient brush or flammable forest growth of any kind or size, living or dead, standing or down, including debris or growth following a fire or removal of forest products, to constitute a fire menace to life (including animal) or property. See Idaho Code 38-101
  • Forest land: means state and private land growing forest tree species which are, or could be at maturity, capable of furnishing raw material used in the manufacture of lumber or other forest products. See Idaho Code 38-1402
  • Forest lands: means federal, state and private land growing forest tree species which are, or could be at maturity, capable of furnishing raw material used in the manufacture of lumber or other forest products. See Idaho Code 38-1502
  • Forest practice: means :
Idaho Code 38-1402
  • Forest products: shall mean any ties, logs, poles, posts, cordwood, pulpwood or other timber products. See Idaho Code 38-101
  • Fraud: Intentional deception resulting in injury to another.
  • Hog fuel: means wood or wood scraps that have been shredded or pulverized and used by forest product manufacturers to generate energy. See Idaho Code 38-1502
  • Improper or negligent operation: means that the forest practice is not undertaken in conformity with federal, state and local laws and regulations, and adversely affects the public health and safety. See Idaho Code 38-1402
  • Improved lot or parcel: means forest land upon which a residential structure exists as determined by the department. See Idaho Code 38-101
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Juror: A person who is on the jury.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: shall mean and include any person or persons, and any corporation, firm or other entity. See Idaho Code 38-101
  • Personal property: includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions. See Idaho Code 73-114
  • Personal property: All property that is not real property.
  • Quorum: The number of legislators that must be present to do business.
  • Range fire: means any fire burning uncontrolled on any range land. See Idaho Code 38-101
  • Range land: means any land which is not cultivated and which has upon it native grasses or other forage plants making it best suited for grazing of domestic and wild animals and which land is adjacent to or intermingled with forest land. See Idaho Code 38-101
  • Registered mail: includes certified mail. See Idaho Code 73-114
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • scaling: shall include any professional scaling service rendered in connection with the measurement of forest products, or supervision of scaling when such service is rendered requiring the application of scaling principles and data. See Idaho Code 38-1202
  • seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111
  • Seller: means a person who sells or contracts to sell goods. See Idaho Code 28-2-103
  • slashing: shall mean brush, severed limbs, poles, tops and/or other waste material incident to such cutting or to the clearing of land, which are four (4) inches and under in diameter. See Idaho Code 38-101
  • State: shall mean the state of Idaho. See Idaho Code 38-101
  • State forester: as used in this chapter and wherever else it is used in the Idaho Code, shall mean the director of the department of lands or his duly authorized delegates or employees, including fire wardens and deputy fire wardens. See Idaho Code 38-101
  • Subpoena: A command to a witness to appear and give testimony.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Venue: The geographical location in which a case is tried.