Due to widespread drought conditions, extreme fire danger, fire frequency, and fire
behavior, fire incidents pose threats to public safety, life, property, and natural
resources. These heightened threats require the imposition of additional restrictions.
Pursuant to Section 68-2-16 and other sections of the Forest Conservation Act, NMSA
1978, Section 68-2-1 to 68-2-25, and 19.20.3 NMAC, Restrictions for Fire Prevention,
the Energy, Minerals and Natural Resources Department, Forestry Division, State
Forester, is updating the previous Fire Restrictions Order # 2022-01 and has placed the
following restrictions on smoking, fireworks use, campfires, open fires, open burning,
and operation of certain equipment (i.e. chainsaws, cutting torches, welders, grinders,
and other similar equipment). Such activities as outlined below are prohibited, unless
they are undertaken as outlined below or pursuant to the State Forester’s prior written
approval, on non-municipal, non-federal, and non-tribal lands statewide. This order
supersedes any previous Orders.

SMOKING AND CAMPFIRES ARE PROHIBITED UNLESS THE FOLLOWING
CONDITIONS ARE MET AND FIREWORKS USE, OPEN BURNING, OPEN FIRES,
AND CERTAIN EQUIPMENT USE ARE PROHIBITED OR RESTRICTED UNLESS
THE FOLLOWING CONDITIONS ARE MET OR INDIVIDUAL WRITTEN
EXCEPTIONS ARE OBTAINED:
“Open fire” means the use of any cooking, heating or ignition device using natural or
artificial fuel that has either an open flame or requires that the heat source be placed
physically within the device.
For purposes of the restrictions below, red flag fire danger days (red flag days) will be
determined based on forecasts found on the National Weather Service Fire Weather
Forecast for New Mexico website: https://www.weather.gov/abq/forecasts-fireweather.
Smoking is prohibited except in enclosed buildings, within vehicles equipped with
ashtrays, and on paved or surfaced roads, developed recreation sites, or while stopped
in an area at least three feet in diameter that is barren or cleared of all flammable
material.

1220 South St. Francis Drive ▪ Santa Fe, New Mexico 87505
Phone (505) 476-3325 ▪ Fax (505) 476-3330
https://www.emnrd.nm.gov/sfd/
Fireworks use is prohibited on lands covered wholly or in part in timber, brush, grass,
grain, or other flammable vegetation. The State Forester is allowing entities seeking to
hold public fireworks displays to request a written exception to this ban on fireworks, but
only where the applicable local fire department approves the public fireworks display.
Campfires are prohibited, except as provided for herein. The State Forester grants an
exception where cooking or heating devices use kerosene, white gas, or propane as a
fuel in an improved camping area that is cleared of flammable vegetation for at least 30
feet or has a water source. New Mexico State Parks, State Game Commission lands
managed by the Department of Game and Fish, and state trust lands managed by the
State Land Office are included in this prohibition. For more information on your New
Mexico State Parks, please visit https://www.emnrd.nm.gov/spd/ or call 1-888-667-
2757.

The State Forester is also allowing exceptions for charcoal grills and wood and coal
stoves within yards associated with a residence or on the premises of a business (this
exception for yards associated with a residence or on the premises of a business does
not apply to those located within New Mexico State Parks, State Game Commission
lands managed by the Department of Game and Fish, and state trust lands managed by
the State Land Office).

Open burning. (i.e., burning of cropland, fields, rangeland, debris burning, slash piles,
prescribed burning, or weed burning) is prohibited.
The State Forester may grant an exception to open burning of irrigated croplands, upon
written request, if the following conditions are met:
1. the cropland is irrigated (this exception does not apply to non-irrigated croplands,
fields, or rangelands);
2. burning is done with adequate planning and the local fire department and county
dispatch are notified at least 24 hours in advance of any anticipated burning;
3. adequate personnel are present to monitor and control the bum to assure that it
will not become an uncontrolled fire;
4. the burn area is secured from becoming uncontrolled at the end of daily
operations; and
5. at the beginning of each day, before ignition, the person responsible for the bum
notifies the local fire department responsible for fire protection and follows all
local burning guidelines and 20.2.60.111 NMAC, Open Burning of Vegetative
Material, related to state air quality.

If the State Forester grants a written request for an exception to open burning of
irrigated croplands the exception shall be contingent upon the burning day not being a
red flag day as determined by the National Weather Service and the sustained wind not
exceeding 25 miles per hour in the area.
Flaring of gas is prohibited, except as outlined below.

1. Flaring that is needed for safety purposes, emergencies, and/or malfunctions as
defined by 19.15.27 NMAC and 19.15.28 NMAC is not prohibited.
2. When ALL the following conditions are met, if flaring for purposes of
19.15.27.8(D) NMAC and 19.15.28.8(D) NMAC, the State Forester is allowing an
exception without prior written approval:
• the day is not designated a red flag day as determined by the National
Weather Service and the sustained wind does not exceed 25 miles per
hour in the area; and
• the operator notifies the local fire department and county dispatch at least
24 hours in advance of anticipated flaring; if flaring is done by an
automated system, then the operator shall provide the flaring schedule to
the local fire department and county dispatch; and
• at least one adult is on site with communications equipment adequate to
reach county dispatch and the local fire department in the event of a fire;
the individual shall also be equipped with a shovel and a water backpack
pump or other equipment to deliver water to suppress a fire; and
• the area is mowed and maintained at a length not to exceed four inches
and all other flammable products or debris are cleared in the area by a
distance one-and-one-half times the height of the flare stack.
3. If flaring is to take place at an unmanned facility, the State Forester may grant
an exception, through written request, to the prohibition on open fires for the
flaring of natural gas for purposes defined under 19.15.27.8(D) NMAC and
19.15.28.8(B) NMAC under the following conditions:
• the day is not designated a red flag day as determined by the National
Weather Service and the sustained wind does not exceed 25 miles per
hour in the area; and
• the area around the flare stack is mowed and maintained at a length not to
exceed four inches and all other non-facility related flammable products or
debris are cleared in the area by a distance three times the height of the
flare stack.

Closures and restrictions on equipment use.
Fuelwood cutting, timber harvesting, and thinning activities. All fuelwood cutting,
timber harvesting, and thinning activities are prohibited on red flag days. On non-red
flag days, fuelwood cutting, timber harvesting, and thinning activities are prohibited
during the most dangerous burning period between 10:00 am to 8:00 pm. The State
Forester may grant exceptions on a case-by-case basis provided a written request is
submitted for review.
The following requirements must be met and addressed in a submitted exception
request for the State Forester to grant an exception request for prohibited or restricted
fuelwood cutting, timber harvesting, and thinning activities.
1. At all times, equipment using combustible fuel must have a properly functioning
spark arrester and a fire extinguisher and a shovel must be immediately available
for each piece of operating equipment.
2. Chainsaws may not be operated between 10:00 am to 8:00 pm, except they may
be used until 2:00 pm on landings cleared to mineral soil.
3. Loading is authorized to continue until 2:00 pm on landings cleared to mineral
soil.
4. Operations on mineral soil involving road excavation, watering, grading,
surfacing, and equipment maintenance may continue between 10:00 am and
8:00 pm.
5. A patrol must be posted on site during operations and for at least two hours after
all equipment operations are completed. The patrol must be able to detect within
five minutes, fires that may originate at the site of the equipment operation and
be able to report a fire to the responsible protection agency within 15 minutes of
detection.
Use of equipment for other purposes. Use of equipment that generates or may
generate sparks (such as welders, cutting torches, grinders, or power saws), has an
open flame, or uses combustible fuel in areas covered by timber, brush, grass, grain, or
other flammable vegetation for a purpose other than fuelwood cutting, timber
harvesting, or thinning is prohibited on red flag days. For non-red flag days use is
prohibited during the most dangerous burning period between 10:00 am to 8:00 pm.
unless the area is cleared of flammable vegetation for at least 30 feet and a water
source is available on hand.
The State Forester may grant an exception when a written request ensures the
following.
1. At all times, equipment using combustible fuel has a properly functioning spark
arrester.
2. A fire extinguisher and shovel are immediately available for each piece of
operating equipment.
3. A patrol is posted on site during operations and for at least two hours after all
equipment operations are completed. The patrol must be able to detect within
five minutes fires that may originate at the site of the equipment operation and be
able to report a fire to the responsible protection agency within 15 minutes of
detection.
Requesting exceptions.
The State Forester may allow exceptions upon receiving a written request and granting
subsequent approval in writing. Information on how to request an exception is available
at https://www.emnrd.nm.gov/.
An exception does not relieve a person from any civil or criminal liability associated with
an uncontrolled fire, including costs associated with wildland fire suppression.
These restrictions become effective at 8:00 am, May 19, 2022 and will remain in effect
until rescinded.
DONE THIS 19TH DAY OF MAY 2022