Arkansas 2023 2023 Regular Session

Arkansas Senate Bill SB415 Draft / Bill

Filed 03/13/2023

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas    1 
94th General Assembly A Bill     2 
Regular Session, 2023  	SENATE BILL 415 3 
 4 
By: Senators Stone, Gilmore, B. Johnson 5 
By: Representatives Beaty Jr., Wardlaw 6 
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For An Act To Be Entitled 8 
AN ACT TO ESTABLISH THE ARKANSAS PRESCRI BED BURNING 9 
ACT; AND FOR OTHER P URPOSES. 10 
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Subtitle 13 
TO ESTABLISH THE ARKANSAS PRESCRIBED 14 
BURNING ACT. 15 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18 
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 SECTION 1.  Arkansas Code Title 15, Chapter 30, is amended to add an 20 
additional subchapter to read as follows: 21 
Subchapter 1 — Arkansas Prescribed Burning Act 22 
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 15-30-101.  Title. 24 
 This subchapter shall be known and may be cited as the "Arkans as 25 
Prescribed Burning Act". 26 
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 15-30-102.  Legislative findings and intent. 28 
 (a)  The General Assembly finds that: 29 
 (1)  The prescribed burning of forestlands is a management tool 30 
that is beneficial to Arkansas's public safety, forest, and wildlife 31 
resources, environment, and economy; 32 
 (2)  The prescribed burning of forestlands reduces the naturally 33 
occurring buildup of vegetative fuels on forestlands, which reduces the risk 34 
and severity of wildfires and lessens the loss of life and property when 35 
wildfires occur;  36     	SB415 
 
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 (3)  The state's ever -increasing population is resulting in urban 1 
development directly adjacent to fire -prone forestlands, which is referred to 2 
as a wildland-urban interface area; 3 
 (4)  The use of prescribed burning in these wildland -urban 4 
interface areas substantially reduces the risk of wildfires that cause 5 
damage; 6 
 (5) Many of Arkansas’s natural ecosystems require periodic fire 7 
for their survival; 8 
 (6)  Prescribed burning is essential to the perpetuation, 9 
restoration, and management of many plant and animal communities; 10 
 (7)  Prescribed burning benefits game, nongame, and endangered 11 
wildlife species by increasing the growth and yield of plants that provide 12 
forage and an area for escape and brooding and that satisfy other habitat 13 
needs; 14 
 (8)  Forestlands are economic, biological, and aesthetic 15 
resources of statewide significance; 16 
 (9)  In addition to reducing the frequency and severity of 17 
wildfires, prescribed burning of forestlands helps to prepare sites for 18 
replanting and natural se eding, to control insects and diseases, and to 19 
increase productivity; 20 
 (10)  Prescribed burning enhances the resources on public use 21 
lands, such as state and national forests, wildlife refuges, nature 22 
preserves, and wildlife management areas; and 23 
 (11)  Prescribed burning enhances private lands that are managed 24 
for wildlife refuges, recreation, nature preserves, game lands, and other 25 
purposes.  26 
 (b) It is the intent of the General Assembly that prescribed burning is 27 
conducted in Arkansas:   28 
 (1)  To reap the benefits described in subsection (a) of this 29 
section; and  30 
 (2)  In a responsible and safe manner. 31 
  32 
 15-30-103.  Definitions.  33 
 As used in this subchapter: 34 
 (1)(A)  "Prescribed burning" means the planned and controlled 35 
application of fire to vegetative fuels under specified weather, 36    	SB415 
 
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environmental, and other conditions, while following appropriate 1 
precautionary measures that will: 2 
 (i)  Confine the fire to a predetermined area; and 3 
 (ii)  Accomplish the intended management objectives 4 
for the area to be burned. 5 
 (B)  "Prescribed burning" does not include crop residue 6 
burning; 7 
 (2)  "Prescribed burning prescription" means a written plan 8 
establishing the conditions and methods for conducting prescribed burning 9 
that:  10 
 (A)  Is prepared by a qualified prescribed burner; and 11 
 (B)  Addresses the starting, controlling, and extinguishing 12 
of the prescribed burning; and 13 
 (3)(A)  "Qualified prescribed burner" means an individual who has 14 
successfully completed a prescribed burner training program approved by the 15 
Department of Agriculture. 16 
 (B)  "Qualified prescribed burner" includes an individual 17 
who has successfully completed a prescribed burner training program in 18 
another state if the prescribed burner training program is recognized an	d 19 
approved by the department. 20 
  21 
 15-30-104.  Civil liability. 22 
 (a)  A prescribed burning conducted in compliance with this subchapter 23 
is in the public interest and does not constitute a public or private 24 
nuisance.  25 
 (b)  A landowner or a landowner's agent who conducts a prescribed 26 
burning in compliance with this subchapter is not liable in a civil action 27 
for any damage or injury caused by a fire in the prescribed burning, 28 
including without limitation the reignition of a smoldering and previously 29 
contained fire or resulting from smoke, unless the claimant proves by a 30 
preponderance of the evidence that the claimant suffered damages as a result 31 
of negligence by the landowner or the landowner’s agent in planning, 32 
implementing, or conducting the prescribed burni ng.  33 
 34 
 15-30-105.  Requirements for prescribed burning prescriptions and 35 
prescribed burnings. 36    	SB415 
 
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 (a)(1)  Before conducting a prescribed burning, a qualified prescribed 1 
burner shall develop a prescribed burning prescription. 2 
 (2)  A copy of the prescribed burning prescription developed 3 
under subdivision (a)(1) of this section shall be: 4 
 (A)  Provided to the landowner; and 5 
 (B)  Except as provided in subdivision (c)(3) of this 6 
section, in the possession of the qualified prescribed burner on the site of 7 
the prescribed burning throughout the duration of the prescribed burning. 8 
 (b)  A prescribed burning prescription shall include: 9 
 (1)  The landowner's name and address; 10 
 (2)  A description of the area to be burned; 11 
 (3)  A map of the area to be burned; 12 
 (4)  The objectives of the prescribed burning; 13 
 (5)  The name of the qualified prescribed burner responsible for 14 
conducting the prescribed burning; and 15 
 (6)  A summary of the methods that the qualified prescribed 16 
burner intends to use to start, contro l, and extinguish the prescribed 17 
burning, based on the particular circumstances involved with the prescribed 18 
burning.  19 
 (c)(1)  A qualified prescribed burner shall conduct a prescribed 20 
burning in accordance with a prescribed burning prescription that satis	fies 21 
subsection (b) of this section. 22 
 (2)  Except as provided in subdivision (c)(3) of this section, 23 
the qualified prescribed burner shall be: 24 
 (A)  Present on the site of the prescribed burning; and 25 
 (B)  In charge of the prescribed burning until t he fire is 26 
adequately confined to reasonably prevent escape of the fire from the area 27 
intended to be burned. 28 
 (3)  A landowner may conduct a prescribed burning and be 29 
considered in compliance with this subchapter without being a qualified 30 
prescribed burner if the landowner is: 31 
 (A)  Burning a tract of forestland of fifty (50) acres or 32 
less owned by the landowner; and 33 
 (B)  Following all conditions established in a prescribed 34 
burning prescription prepared by a qualified prescribed burner. 35 
 (d)  Before conducting a prescribed burning, a landowner or the 36    	SB415 
 
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landowner's agent shall notify the Department of Agriculture and, if 1 
requested by the department, provide the department with a copy of the 2 
prescribed burning prescription. 3 
 4 
 15-30-106.  Application of other law. 5 
 A prescribed burning conducted in compliance with this subchapter is 6 
not subject to the open -air fire provisions in §§ 20 -22-301 - 20-22-306. 7 
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