NRS528.053. Certain activities prohibited near bodies of water; exceptions.

      1.  No felling of trees, skidding, rigging or construction of tractor or truck roads or landings, or the operation of vehicles, may take place within 200 feet, measured on the slope, of the high-water mark of any lake, reservoir, stream or other body of water unless a variance is first obtained from a committee composed of the State Forester Firewarden, the Director of the Department of Wildlife and the State Engineer.

      2.  The committee may grant a variance authorizing any of the activities prohibited by subsection 1 within a 200-foot buffer area if the committee determines that the goals of conserving forest resources and achieving forest regeneration, preserving watersheds, reaching or maintaining water quality standards adopted by federal and state law, continuing water flows, preserving and providing for the propagation of fish life and stream habitat and preventing significant soil erosion will not be compromised.

      3.  In acting on a request for such variances, the committee shall consider the following factors:

      (a) The extent to which such requested activity is consistent with good forestry management for the harvesting of timber;

      (b) The extent to which such requested activity significantly impedes or interrupts the natural volume and flow of water;

      (c) The extent to which such requested activity significantly affects a continuation of the natural quality of the water pursuant to state and federal water quality standards;

      (d) The extent to which such requested activity is consistent with the prevention of significant soil erosion;

      (e) The extent to which such requested activity may significantly obstruct fish passage, cause sedimentation in fish spawning areas, infringe on feeding and nursing areas and cause variations of water temperatures; and

      (f) The filtration of sediment-laden water as a consequence of timber harvesting on adjacent slopes.

      (Added to NRS by 1971, 1446; A 1973, 461; 1979, 913; 1993, 1700; 2003, 1580)