Government Relations
Our Government Relations Committee advocates for Right to Burn Legislation in Wisconsin modeled after other states.
Prescribed Fire Legislation – What are other states doing?
Alabama
Alabama Prescribed Burning Act
- Establishes the right to conduct prescribed burns
- Establishes a “certified burner” program,
- Protects burners from liability relating to smoke.
Florida
Florida's Prescribed Fire Act of 1990
- Establishes a Certified Burn Manager program administered by the Div .of Forestry.
- Authorizes and promotes the continued use of prescribed burning for ecological, silvicultural, wildlife management and range management purposes.
- Protects prescribed burners from civil liability as long as they or their agents are not found generally negligent.
- Prescribed burns conducted in accordance with the statute may not be required to be terminated because of nuisance complaints
Michigan (recently passed but still in rule making phase)
- Establishes that prescribed burning does not constitute a public nuisance
- Defines a “certified prescribed burn manager” and establishes a certification program
- Establishes exemption from liability regarding damage or injury resulting from smoke
- Other requirements include a burn plan, adequate fire breaks, and sufficient equipment and personnel
North Carolina
North Carolina Prescribed Burning Act
- Recognizes prescribed burning as a beneficial management tool
- Establishes a “Certified prescribed burner” program
- Establishes exemption from liability for civil action regarding damage or injury from smoke
- Enumerates requirements for burn plans.
Oklahoma
Guidelines for Safe and Lawful Prescribed Burning in Oklahoma
- Law specifically allows for burning for management purposes and establishes procedure to do so.
- Establishes who must be contacted (neighbors, authorities)
- Burners must complete a burn plan.
South Carolina
South Carolina Prescribed Fire Act
- Establishes "certified prescribed fire manager" certification requirements
- Establishes that prescribed fires conducted in accordance with the standards are considered in the public interest and cannot be considered a nuisance.
- Recognizes prescribed burning as a beneficial management tool
- Requires prescribed fire plan for authorization to burn
Other Resources:
Economics and Prescribed Fire Law in the U.S. (abstract)
Summary from National Conference of State Legislatures
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