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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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