Variance required for operating ground-based equipment on certain slopes

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. 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.