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Natural Resources

Prescribed Burn Statutes

Updated March 2003

Alabama

Ala. Code §§ 9-13-270 - 9-13-274 (2002)

Alabama Prescribed Burning Act.

Finding and declaration of the Legislature that the application of prescribed burning is a land owner property right and a land management tool that benefits the safety of the public, the environment, the natural resources, and the economy of Alabama.

Provides definitions to be used for purposes of this article.

No property owner conducting a prescribed burn in compliance with this article, will be liable for damage or injury caused by fire or resulting smoke unless it is shown that the property failed to act within that degree of care required of others similarly situated.

Alaska

Authorizes the commissioner to adopt regulations necessary to accomplish the purposes of this chapter regarding forest practices including prescribed burning.

California

This section is not to be construed as prohibiting the use of properly authorized prescribed burning to improve the biological function of land or to assist in the restoration of desired vegetation.

Any person who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire attended by him or her to escape onto any public or private property is liable for the fire suppression costs incurred in fighting the fire and for the cost of providing rescue or emergency medical services, and those costs will be a charge against that person.

Public agencies participating in fire suppression, rescue, or emergency medical services may designate one or more of the participating agencies to bring an action to recover costs incurred by all of the participating agencies.

Any costs incurred by the Department of Forestry and Fire Protection in suppressing any wildland fire originating or spreading from a prescribed burning operation conducted by the department will not be collectible from any party to the contract. This includes any private consultant or contractor who entered into an agreement with that party to the extent that those costs were not incurred as a result of a violation of any provision of the contract. This section applies to all areas of the state, regardless of whether primarily wildlands, sparsely developed, or urban.

Defines "agricultural burning" as open outdoor fires used in agricultural operations in the growing of crops or raising of fowl or animals, or open outdoor fires used in forest management, range improvement, or the improvement of land for wildlife and game habitat, or disease or pest prevention.

"Agricultural burning" also means open outdoor fires used in wildland vegetation management burning. Wildland vegetation management burning is the use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency, to burn land predominantly covered with chaparral, trees, grass, or standing brush. Prescribed burning is the planned application of fire to vegetation to achieve any specific objective on lands selected in advance of that application. The planned application of fire may also include natural or accidental ignition.

Prohibits a district from adopting or imposing fees that exceed actual district administrative costs for processing or enforcing permits applicable to any of the following:

1. Prescribed burning operations on state responsibility lands conducted under the terms of a permit issued by the Department of Forestry and Fire Protection when the purpose of the operation is prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels.
2. Burning of vegetation or disposal of slash following timber operations required under regulations adopted by the State Board of Forestry and Fire for the purpose of reducing the incidence and spread of fires on timberlands.
3. Wildland vegetation management burns. For purposes of this subdivision, "wildland vegetation management burn" means the use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency to burn land predominantly covered with chaparral, trees, grass, or standing brush. For purposes of this subdivision, "prescribed burning" is the planned application of fire to vegetation to achieve any specific objective on lands selected in advance of that application. The planned application of fire may include natural or accidental ignition.

Wildland Fire Protection and Resources Management Act of 1978.

Provides definitions to be used for purposes of this chapter.

Finding of the Legislature that due to the absence of significant forest resources, lands in the Sutter Buttes are not likely to be classified as a state responsibility area under existing statutory criteria. However, these lands possess all other characteristics that substantial public benefits can be derived from prescribed burning operations on those lands.

The department will conduct an experimental program of wildland resources management through prescribed burning and other methods in two areas of wildlands.

The department will prepare two model plans for the initial development and implementation of a program for wildland resources management through prescribed burning and other methods, one of which is appropriate for an area of wildlands in northern California, and one, in southern California.

During the prescribed burning season, the departments will maintain at least two prescribed burn crews, one each in northern and southern California, for the purpose of providing prescribed burn back-up in the event of an emergency during prescribed burning operations.

The director, with the approval of the Director of General Services, may enter into a contract for prescribed burning with the owner of any property or any public agency with regulatory or natural resource management authority over any property, which is included within any wildland.

The director, with the approval of the Director of General Services, may enter into a master agreement with federal land management agencies to conduct joint prescribed burning operations on wildlands and federal lands where these operations serve the public interest and are beneficial to the state. This master agreement will be known as the Interagency Agreement for Cooperative Use of Prescribed Fire and will establish guidelines for the cooperative management of joint prescribed burning operations.

The state may assume a proportionate share of the costs of site preparation and prescribed burning conducted pursuant to this article on wildlands other than wildlands under the jurisdiction of the federal government.

Any contract entered into pursuant to this article must follow a number of criteria pursuant to this article.

Liability for any costs incurred by the department in suppressing any wildland fire originating or spreading from a prescribed burning operation conducted pursuant to a contract will be governed by a subdivision of the Health and Safety Code.

In any area of the state where there are substantially more requests for prescribed burning operations than can be conducted directly by the department in a single fiscal year, the director may enter into an agreement with private consultants, contractors, or other public agencies for furnishing all or a part of the state' s share of the responsibility for planning the operation, preparing the site, and conducting the prescribed burning.

Cooperation by the department with any person desiring to use prescribed burning as a means of converting brush-covered lands into forage lands, which has as its objective prevention of high intensity wildland fires, watershed management, range improvement, vegetation management, forest improvement, wildlife habitat improvement, and maintenance of air quality, or any combination thereof, is declared to be for a public purpose.

Upon receipt of an application, the department will inspect the land with the applicant to determine whether a permit will be granted. The department will prescribe the manner in which the site for the prescribed burning will be prepared and require precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of burning.

Florida

Provides definitions to be used for purposes of this chapter.

Outlines the powers, authority, and duties of the division to include the prevention, detection, suppression, and extinguishing of wildfires, providing firefighting crews, and other responsibilities associated with fires.

Provides definitions of various types of open burning authorized by the division. Provides a statement on prescribed burning by the Legislature stating that the application of prescribed burning is a land management tool that benefits the safety of the public, the environment, and the economy of the state.

Georgia

Statement of legislative purpose by the General Assembly. Recognizes that the forestlands and resources of the state are a natural resource of great economic value to the citizens of the state comprising two-thirds of the state's area.

States that, prior to burning, any person must obtain a permit from the forest ranger of the county where the burning is to take place, or from another employee of the forestry unit serving the county who is authorized by the chief forester to issue the permits. Outlines exceptions to the permit requirement.

The Georgia Prescribed Burning Act.

Makes a declaration of the General Assembly that prescribed burning is a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state.

Provides definitions to be used for purposes of this part.

Outlines the conditions under which prescribed burning must be conducted.

Authorizes the commissioner to promulgate a certified prescribed fire manager program.

Louisiana

Creates the Louisiana Department of Agriculture and Forestry. The department is charged with developing a forest management plan to include prescribed burning and other management practices.

States that prescribed burning is a land management tool that benefits the safety of the public, the environment, and the economy of Louisiana. Authorizes the practice of prescribed burning and provides definitions.

Maine

Outlines the types of open burning that are permissible with a permit that has been obtained from the town forest fire warden or from the forest ranger having jurisdiction over the location where the fire is to be set. The burning must be conducted according to the terms and conditions of the permit and may not create a nuisance.

Maryland

Provides definitions to be used for purposes of this section. Includes "prescribed burning" within the definition of reforestation as a part of site preparation.

Provides definitions to be used for purposes of this subtitle. Includes "prescribed burning" within the definition of "approved practice."

States that it is the intention of the General Assembly to provide incentives to eligible landowners to apply practices that provide for timber stand improvement including thinning, prescribed burning, and other silvicultural treatments.

Mississippi

The Mississippi Prescribed Burning Act.

Purpose and findings of the Legislature that prescribed burning is a landowner property right and a land management tool that benefits the safety of the public, the environment, and the economy of Mississippi.

Provides definitions to be used for purposes of this Act.

States that no property owner or agent conducting a prescribed burn pursuant to the requirements of this section will be liable for damage or injury caused by fire or the resulting smoke unless negligence is proven.

New Jersey

The department is required to plan, develop and implement a forest management program for the forest resources of the State parks and forest. In addition, it must provide technical information, advice and related assistance to promote the best technical management practices for public and private forest landowners and managers, vendors, forest operators, wood processors, public agencies and individuals regarding, among other things, prescribed burning.

New York

Outlines general prohibitions, including the setting of fires on or near forest land and leaving those fires unattended, the setting of a fire which will endanger the property of another, and the setting of forest land on fire except where necessary to implement any provision of this chapter. This includes prescribed burning, which is defined by this chapter as the intentional setting of forest land on fire, under carefully controlled conditions, in order to manage, enhance, or restore populations of plants or animal species or natural communities on such land. The department may authorize a landowner to conduct prescribed burn activities pursuant to a written prescribed burn management plan prepared by or for such landowner.

North Carolina

Finding of the General Assembly that prescribed burning of forestlands is a management tool that is beneficial to North Carolina's public safety, forest and wildlife resources, environment, and economy.

Provides definitions to be used for purposes of this Article.

Any prescribed burning conducted in compliance with regulations is in the public interest and does not constitute a public or private nuisance. In addition, the landowner will not be liable in any civil action for any damage or injury caused by, or resulting from smoke. This section does not apply when a nuisance or damage results from a negligently or improperly conducted prescribed burning.

Prior to conducting a prescribed burning, the landowner is required to obtain a prescription for the burning prepared by a certified burner and filed with the Division of Forest Resources within the Department of Environment and Natural Resources.

The Division of Forest Resources within the Department of Environment and Natural Resources may adopt rules that govern prescribed burning under this Article.

Grants the Department of Environment and Natural Resources the authority to cooperate with various landowners by making available forestry services including prescribed burning.

Oregon

It is the policy of the State of Oregon to improve the management of prescribed burning as a forest management and protection practice and to minimize emissions from prescribed burning consistent with the air quality objectives of the federal Clean Air Act and the State of Oregon Clean Air Act Implementation Plan developed by the Department of Environmental Quality.

With the advice and assistance of an advisory committee and subject to the review of the State Board of Forestry, the State Forester will adopt and implement programs for prescribed burning. The programs are to include information dissemination, assistance to landowners, aerial monitoring, and the establishment of a system to track forest burning.

Outlines the duties of the advisory committee to include advising the State Forestry Department in collecting information about prescribed burning operations and the collection, analysis and distribution of information.

South Carolina

The State Commission of Forestry may make available forestry services consisting of scientific, technical, and practical services to landowners of the State to assist them in the afforestation, reforestation, and maximum production of their woodland. These services consist of specialized equipment and operators or rental of the equipment to perform labor and services necessary to carry out approved forestry practices including, but not limited to, prescribed burning.

Texas

Prescribed burning. Provides definitions to be used for purposes of this chapter.

Establishes the Prescribed Burning Board within the Department of Agriculture. Unless it is continued, the Board is abolished and this chapter expires September 1, 2009. Outlines the duties of the board to include establishing standards for prescribed burning and certification, education, training, and insurance requirements.

States that minimum standards established by the board for prescribed burning must ensure that prescribed burning is the controlled application of fire to naturally occurring or naturalized vegetative fuels under specified environmental conditions in accordance with a written prescription plan.

Limits owner liability by stating that an owner, lessee, or occupant of agricultural land is not liable for property damage, injury, or death resulting from prescribed burning conducted on the land if the prescribed burning is conducted under the supervision of a certified prescribed burn manager.

Virginia

Outlines additional powers and duties of the State Forester to include developing a program to promote the use of prescribed burning for community protection and ecological, silvicultural, and wildlife management.

Makes it unlawful for any owner or lessee of land to set fire to any woods, brush, logs, leaves, grass, debris, or other inflammable material upon the land unless he previously has taken all reasonable care and precaution to prevent the spread of such fire to lands other than those owned or leased by him.

Provides definitions to be used for purposes of this chapter. Authorizes the State Forester to develop and administer a certification process and training course for any individual who desires to become a certified prescribed burn manager. The training program must include the following subjects: the legal aspects of prescribed burning, fire behavior, prescribed burning tactics, smoke management, environmental effects, plan preparation, and safety.

Outlines the manner in which prescribed burns should be performed. Any prescribed burning conducted in compliance with the requirements of this article, state air pollution control laws, and any rules adopted by the Virginia Department of Forestry is considered to be in the public interest and will not constitute a nuisance. Any landowner who conducts a prescribed burn in compliance with the requirements of this article, state air pollution control laws, and any rules adopted by the Virginia Department of Forestry will not be liable for any damage or injury caused by or resulting from smoke.