Burning Question: Many Firewood Sales Skirt State Law

By RUSSELL HUFFMAN

As winter sets in and utility costs soar, more New Mexicans are buying firewood from roadside sellers. However, state officials warn that many of these deals violate state law.

The New Mexico Department of Agriculture and State Forestry are cracking down, reminding sellers and buyers that selling wood by “truckload” or “pile” is not legal.

The High Cost of Staying Warm

The shift toward firewood is tied to increasing utility costs. In New Mexico, many rural areas lack access to natural gas, leaving residents dependent on propane and electricity. The average monthly electric bill in New Mexico is about $150, while propane prices change with the market. By comparison, the typical price for a cord of firewood—generally $250—may seem more manageable as heating costs rise.

Why Enforcement is Ramping Up

State officials aren’t just watching from the sidelines. The NMDA  designated October as “Firewood Month,” using the period to flood social media and local radio with warnings about illegal sales. According to State Forestry reports, the division is also building “greater presence and availability” by conducting regular patrols on state lands and coordinating with local law enforcement to answer public complaints more quickly.

The push for stricter enforcement is twofold: protecting consumers from being cheated on volume and preventing an environmental catastrophe. “Invasive pests don’t have borders,” said New Mexico Secretary of Agriculture Jeff Witte. “Something as simple as moving untreated firewood can have long-term impacts on New Mexico’s forests, farms, and communities.”

The Law of the Cord

In New Mexico, firewood must be advertised and sold by the “cord” or a fraction of a cord. A legal cord is defined as 128 cubic feet of wood, typically stacked 4 feet high, 4 feet wide, and 8 feet long.

State law (NMSA 1978, Chapter 57-17) prohibits the sale of wood by the “truckload,” “face cord,” or “rack.”

Selling wood by the ‘pickup load’ can be inherently unfair to the consumer. A small bed truck holds far less than a long bed, yet consumers often pay the same price. The law exists to ensure that when you pay for a cord, you get 128 cubic feet of heat.

Furthermore, every delivery must be accompanied by a written invoice or receipt containing:

• The name and address of both the buyer and seller.
• The date of delivery.
• The quantity delivered (in cords).
• The type of wood (e.g., juniper, cedar, piñon).
• The total selling price.

From Highways to Facebook Marketplace

The digital age has moved the firewood market from the forest to the phone. Facebook Marketplace is currently flooded with ads featuring photos of wood stacked in the back of pickups with captions like “Seasoned wood, $200 a load.”

State officials warn that these “blind” sales are the most common source of consumer complaints. Buyers often find that once the wood is stacked at their home, it amounts to significantly less than the promised quantity. Additionally, the lack of a paper trail makes it nearly impossible for law enforcement to track down unscrupulous vendors after the cash has changed hands.

Strict Penalties and Environmental Risks

The penalties for ignoring these regulations—or for harvesting wood without a permit—are severe. Under the Forest Conservation Act, violating firewood regulations is a misdemeanor.

• Fines: Convictions can result in fines of up to $1,000 and/or up to a year in the county jail. On federal BLM lands, standard fines for unpermitted cutting start at $300, with an additional $50 penalty for every green tree cut.
• Seizure: On federal lands, such as those managed by the Bureau of Land Management (BLM), law enforcement officers have the authority to seize not only the illegal wood but also the chainsaws, trailers, and vehicles used to transport it.
• Invasive Pests: Moving untreated firewood long distances also risks spreading the emerald ash borer or the goldspotted oak borer. New Mexico law strictly regulates the movement of wood across county lines in certain areas to protect native forests.

Consumer Protection Tips

To avoid “getting burned,” the NMDA recommends the following:

1. Measure before they leave: Have the seller stack the wood upon delivery. Do not pay until you have measured the stack to ensure it meets the cord requirements.
2. Get a Receipt: Never accept a delivery without a full invoice.
3. Check for Permits: If the wood was harvested on public land, the seller should have a commercial permit. Personal-use permits do not allow for the resale of wood.

As utility prices continue to climb, firewood remains a vital resource for New Mexicans. However, officials insist that staying warm shouldn’t mean breaking the law or the bank.