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IN THE SENATE
SENATE BILL NO. 1338
BY RESOURCES AND ENVIRONMENT COMMITTEE
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AN ACT
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RELATING TO ABATEMENT OF PUBLIC NUISANCES; AMENDING CHAPTER 8, TITLE 31,
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CODE, TO DEFINE TERMS, TO PROVIDE FOR DECLARATION OF A CATASTROPHIC PUB-
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LIC NUISANCE AND TO PROVIDE AUTHORITY TO DECLARE AND DEMAND ABATEMENT,
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TO PROVIDE FOR EMERGENCY ABATEMENT OF A CATASTROPHIC PUBLIC NUISANCE
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AND TO PROVIDE FOR LIMITATIONS.
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hereby amended by the addition thereto of NEW SECTIONS, to be known and des-
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lows:
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31-831. ABATEMENT OF CATASTROPHIC PUBLIC NUISANCE -- DEFINITIONS. As
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(1) "Catastrophic public nuisance" means a condition on federal land
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where natural resources and biota have been managed or neglected to such an
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extent as to cause:
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(a) The threat of a catastrophic wildfire demonstrated by stand den-
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sity, basal area or ground fuel load greater than one hundred fifty per-
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cent (150%) of land health standards or an insect or disease infestation
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severe enough to threaten the mortality of at least twenty percent (20%)
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of the trees in the forestation area; or
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(b) A condition in the area that threatens the quality or quantity of
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the public water supply of a county, the health, safety or welfare of
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the citizens of a county, the air quality of a nonattainment area, or
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the vegetative resources required to support land health and authorized
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livestock grazing.
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(2) "Chief executive officer" means for a county, the chair of the
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county commission, if the county is operating under the county commission
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or expanded county commission form of government; the county executive
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officer, if the county is operating under the county-executive form of
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government; or the county manager, if the county is operating under the coun-
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cil-manager form of government.
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vice or the national park service.
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(5) "Federally managed land" means land that is managed by a federal
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agency.
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31-832. DECLARATION OF CATASTROPHIC PUBLIC NUISANCE -- AUTHORITY TO
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DECLARE AND DEMAND ABATEMENT. (1) The chief executive officer of a county or
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on land within the borders of the county.
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(2) In evaluating whether a catastrophic public nuisance exists, the
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density and overall health of a forested area, including the fire regime con-
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dition class; insect and disease infestation, including insect and disease
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hazard ratings; fuel loads; forest or range type; slope and other natural
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characteristics of an area; watershed protection criteria; weather and cli-
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mate; and any other factor that the chief executive officer of a county or a
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after consultation with the attorney general:
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(a) Serve notice of the determination described in subsection (1) of
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this section, by hand or certified mail, on the federal agency that man-
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aged the land upon which the catastrophic nuisance exists; and
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(b) Provide a copy of the determination that is served under paragraph
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(a) of this subsection to the governor, the attorney general, and the
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state's congressional delegation.
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(4) The notice described in subsection (3)(a) of this section shall in-
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clude: a detailed explanation for determination that a catastrophic pub-
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lic nuisance exists on the land in question; a demand that the federal agency
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formulate a plan to abate the catastrophic nuisance; and a specific date, no
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less than thirty (30) days after the day on which the notice is received, by
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which time the federal agency that managed the land shall abate the public
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nuisance or produce a plan for mitigating the catastrophic public nuisance
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that is acceptable to the county or other county.
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ter into a plan with the relevant federal agency to abate the catastrophic
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public nuisance.
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(6) If, after receiving the notice described in subsections (3)(a)
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and (4) of this section, the federal agency does not respond by the date
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requested in the notice or otherwise indicates that the federal agency is
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unwilling to take action to abate the catastrophic public nuisance, the
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the county prosecuting attorney and attorney general.
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31-833. EMERGENCY ABATEMENT OF A CATASTROPHIC PUBLIC NUISANCE. (1) If
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public nuisance exists on federally managed land, and the chief executive
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public nuisance in question adversely affects, or constitutes a threat to,
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the public health, safety, and welfare of the people of the county, the chief
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with the attorney general, pursue all remedies allowed by law.
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(2) In seeking an emergency abatement of a catastrophic public nui-
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attempt, as much as possible, to coordinate with federal agencies and seek
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the advice of professionals, including private sector professionals, with
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expertise in abating a catastrophic public nuisance.