Stricken language would be deleted from and underlined language would be added to present law.
Act 695 of the Regular Session
*CRH173* 03-27-2023 10:22:10 CRH173
State of Arkansas As Engrossed: S3/27/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 415 3
4
By: Senators Stone, Gilmore, B. Johnson, J. Boyd, B. Davis, Hill, M. McKee, G. Stubblefield, D. Wallace 5
By: Representatives Beaty Jr., Wardlaw 6
7
For An Act To Be Entitled 8
AN ACT TO ESTABLISH THE ARKANSAS PRESCRI BED BURNING 9
ACT; AND FOR OTHER P URPOSES. 10
11
12
Subtitle 13
TO ESTABLISH THE ARKANSAS PRESCRIBED 14
BURNING ACT. 15
16
17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18
19
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
23
15-30-101. Title. 24
This subchapter shall be known and may be cited as the "Arkansas 25
Prescribed Burning Act". 26
27
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 forestla nds, which reduces the risk 34
and severity of wildfires and lessens the loss of life and property when 35
wildfires occur; 36 As Engrossed: S3/27/23 SB415
2 03-27-2023 10:22:10 CRH173
(3) The state's ever -increasing population is resulting in urban 1
development directly adjacent to fire -prone forestlands, which is ref erred 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 y ield 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 se verity of 17
wildfires, prescribed burning of forestlands helps to prepare sites for 18
replanting and natural seeding, 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) "Landowner" means the possessor of a fee interest, a tenant, 35
lessee, holder of a conservation easement as defined in § 15 -20-402, lawful 36 As Engrossed: S3/27/23 SB415
3 03-27-2023 10:22:10 CRH173
occupant, or person in lawful control of the premises; 1
(2)(A) "Prescribed burning" means the planned and controlled 2
application of fire to vegetative fuels under specified weather, 3
environmental, and other conditions, while following appropriate 4
precautionary measures that will: 5
(i) Confine the fire to a predetermined area; and 6
(ii) Accomplish the intended management objectives 7
for the area to be burned. 8
(B) "Prescribed burning" does not include crop residue 9
burning; 10
(3) "Prescribed burning prescription" means a written plan 11
establishing the conditions and methods for conducting prescribed burning 12
that: 13
(A) Is prepared by a qualified prescribed burner; and 14
(B) Addresses the starting, controlling, and extinguishing 15
of the prescribed burning; and 16
(4)(A) "Qualified prescribed burner" means an individual who has 17
successfully completed a prescribed burner training program approved by the 18
Department of Agriculture or the Arkansas State Game and Fish Commission . 19
(B) "Qualified prescribed burner" includes an individual 20
who has successfully completed a prescribed burner t raining program in 21
another state if the prescribed burner training program is recognized and 22
approved by the department or commission . 23
24
15-30-104. Civil liability. 25
(a) A prescribed burning conducted in compliance with this subchapter 26
is in the public interest and does not constitute a public or private 27
nuisance. 28
(b) A landowner or a landowner's agent who conducts a prescribed 29
burning in compliance with this subchapter is not liable in a civil action 30
for any damage or injury caused by a fire in the prescribed burning, 31
including without limitation the reignition of a smoldering and previously 32
contained fire or resulting from smoke, unless the claimant proves by a 33
preponderance of the evidence that the claimant suffered damages as a result 34
of negligence by the landowner or the landowner’s agent in planning, 35
implementing, or conducting the prescribed burning. 36 As Engrossed: S3/27/23 SB415
4 03-27-2023 10:22:10 CRH173
1
15-30-105. Requirements for prescribed burning prescriptions and 2
prescribed burnings. 3
(a)(1) Before conducting a prescribed burning, a quali fied prescribed 4
burner shall develop a prescribed burning prescription. 5
(2) A copy of the prescribed burning prescription developed 6
under subdivision (a)(1) of this section shall be: 7
(A) Provided to the landowner; and 8
(B) Except as provided in subdivision (c)(3) of this 9
section, in the possession of the qualified prescribed burner on the site of 10
the prescribed burning throughout the duration of the prescribed burning. 11
(b) A prescribed burning prescription shall include: 12
(1) The landowner's name and address; 13
(2) A description of the area to be burned; 14
(3) A map of the area to be burned; 15
(4) The objectives of the prescribed burning; 16
(5) The name of the qualified prescribed burner responsible for 17
conducting the prescribed burning; 18
(6) A summary of the methods that the qualified prescribed 19
burner intends to use to start, control, and extinguish the prescribed 20
burning, based on the particular circumstances involved with the prescribed 21
burning; and 22
(7) A description of the allowable weather conditions in which 23
the prescribed burning can be conducted. 24
(c)(1) A qualified prescribed burner shall conduct a prescribed 25
burning in accordance with a prescribed burning prescription that satisfies 26
subsection (b) of this section. 27
(2) Except as provided in subdivision (c)(3) of this section, 28
from the start of the prescribed burning until the prescribed burning is 29
adequately confined to r easonably prevent escape of the prescribed burning 30
from the area intended to be burned, the qualified prescribed burner shall 31
be: 32
(A) Present on the site of the prescribed burning; and 33
(B) In charge of the prescribed burning. 34
(3) A landowner may conduct a prescribed burning and be 35
considered in compliance with this subchapter without being a qualified 36 As Engrossed: S3/27/23 SB415
5 03-27-2023 10:22:10 CRH173
prescribed burner if the landowner is: 1
(A) Burning a tract of forestland of one hundred (100) 2
acres or less owned by the l andowner; and 3
(B) Following all conditions established in a prescribed 4
burning prescription prepared by a qualified prescribed burner. 5
(d) Before conducting a prescribed burning, a landowner or the 6
landowner's agent shall notify the Department of Ag riculture and, if 7
requested by the department, provide the department with a copy of the 8
prescribed burning prescription. 9
10
15-30-106. Application of other law. 11
A prescribed burning conducted in compliance with this subchapter is 12
not subject to the open -air fire provisions in §§ 20 -22-301 - 20-22-306. 13
14
15-30-107. Rules. 15
The Department of Agriculture shall promulgate rules on the 16
requirements for becoming a qualified prescribed burner under this 17
subchapter. 18
19
/s/Stone 20
21
22
APPROVED: 4/11/23 23
24
25
26
27
28
29
30
31
32
33
34
35
36