Arkansas 2023 Regular Session

Arkansas Senate Bill SB415 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 695 of the Regular Session
3	2		CRH173 03-27-2023 10:22:10 CRH173
4	3
5	4		State of Arkansas As Engrossed: S3/27/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 415 3
8	7		4
9	8		By: Senators Stone, Gilmore, B. Johnson, J. Boyd, B. Davis, Hill, M. McKee, G. Stubblefield, D. Wallace 5
10	9		By: Representatives Beaty Jr., Wardlaw 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO ESTABLISH THE ARKANSAS PRESCRI BED BURNING 9
14	13		ACT; AND FOR OTHER P URPOSES. 10
15	14		11
16	15		12
17	16		Subtitle 13
18	17		TO ESTABLISH THE ARKANSAS PRESCRIBED 14
19	18		BURNING ACT. 15
20	19		16
21	20		17
22	21		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18
23	22		19
24	23		SECTION 1. Arkansas Code Title 15, Chapter 30, is amended to add an 20
25	24		additional subchapter to read as follows: 21
26	25		Subchapter 1 — Arkansas Prescribed Burning Act 22
27	26		23
28	27		15-30-101. Title. 24
29	28		This subchapter shall be known and may be cited as the "Arkansas 25
30	29		Prescribed Burning Act". 26
31	30		27
32	31		15-30-102. Legislative findings and intent. 28
33	32		(a) The General Assembly finds that: 29
34	33		(1) The prescribed burning of forestlands is a management tool 30
35	34		that is beneficial to Arkansas's public safety, forest, and wildlife 31
36	35		resources, environment, and economy; 32
37	36		(2) The prescribed burning of forestlands reduces the naturally 33
38	37		occurring buildup of vegetative fuels on forestla nds, which reduces the risk 34
39	38		and severity of wildfires and lessens the loss of life and property when 35
40	39		wildfires occur; 36 As Engrossed: S3/27/23 SB415
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45	44		(3) The state's ever -increasing population is resulting in urban 1
46	45		development directly adjacent to fire -prone forestlands, which is ref erred to 2
47	46		as a wildland-urban interface area; 3
48	47		(4) The use of prescribed burning in these wildland -urban 4
49	48		interface areas substantially reduces the risk of wildfires that cause 5
50	49		damage; 6
51	50		(5) Many of Arkansas’s natural ecosystems require periodic fire 7
52	51		for their survival; 8
53	52		(6) Prescribed burning is essential to the perpetuation, 9
54	53		restoration, and management of many plant and animal communities; 10
55	54		(7) Prescribed burning benefits game, nongame, and endangered 11
56	55		wildlife species by increasing the growth and y ield of plants that provide 12
57	56		forage and an area for escape and brooding and that satisfy other habitat 13
58	57		needs; 14
59	58		(8) Forestlands are economic, biological, and aesthetic 15
60	59		resources of statewide significance; 16
61	60		(9) In addition to reducing the frequency and se verity of 17
62	61		wildfires, prescribed burning of forestlands helps to prepare sites for 18
63	62		replanting and natural seeding, to control insects and diseases, and to 19
64	63		increase productivity; 20
65	64		(10) Prescribed burning enhances the resources on public use 21
66	65		lands, such as state and national forests, wildlife refuges, nature 22
67	66		preserves, and wildlife management areas; and 23
68	67		(11) Prescribed burning enhances private lands that are managed 24
69	68		for wildlife refuges, recreation, nature preserves, game lands, and other 25
70	69		purposes. 26
71	70		(b) It is the intent of the General Assembly that prescribed burning is 27
72	71		conducted in Arkansas: 28
73	72		(1) To reap the benefits described in subsection (a) of this 29
74	73		section; and 30
75	74		(2) In a responsible and safe manner. 31
76	75		32
77	76		15-30-103. Definitions. 33
78	77		As used in this subchapter: 34
79	78		(1) "Landowner" means the possessor of a fee interest, a tenant, 35
80	79		lessee, holder of a conservation easement as defined in § 15 -20-402, lawful 36 As Engrossed: S3/27/23 SB415
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84	83
85	84		occupant, or person in lawful control of the premises; 1
86	85		(2)(A) "Prescribed burning" means the planned and controlled 2
87	86		application of fire to vegetative fuels under specified weather, 3
88	87		environmental, and other conditions, while following appropriate 4
89	88		precautionary measures that will: 5
90	89		(i) Confine the fire to a predetermined area; and 6
91	90		(ii) Accomplish the intended management objectives 7
92	91		for the area to be burned. 8
93	92		(B) "Prescribed burning" does not include crop residue 9
94	93		burning; 10
95	94		(3) "Prescribed burning prescription" means a written plan 11
96	95		establishing the conditions and methods for conducting prescribed burning 12
97	96		that: 13
98	97		(A) Is prepared by a qualified prescribed burner; and 14
99	98		(B) Addresses the starting, controlling, and extinguishing 15
100	99		of the prescribed burning; and 16
101	100		(4)(A) "Qualified prescribed burner" means an individual who has 17
102	101		successfully completed a prescribed burner training program approved by the 18
103	102		Department of Agriculture or the Arkansas State Game and Fish Commission . 19
104	103		(B) "Qualified prescribed burner" includes an individual 20
105	104		who has successfully completed a prescribed burner t raining program in 21
106	105		another state if the prescribed burner training program is recognized and 22
107	106		approved by the department or commission . 23
108	107		24
109	108		15-30-104. Civil liability. 25
110	109		(a) A prescribed burning conducted in compliance with this subchapter 26
111	110		is in the public interest and does not constitute a public or private 27
112	111		nuisance. 28
113	112		(b) A landowner or a landowner's agent who conducts a prescribed 29
114	113		burning in compliance with this subchapter is not liable in a civil action 30
115	114		for any damage or injury caused by a fire in the prescribed burning, 31
116	115		including without limitation the reignition of a smoldering and previously 32
117	116		contained fire or resulting from smoke, unless the claimant proves by a 33
118	117		preponderance of the evidence that the claimant suffered damages as a result 34
119	118		of negligence by the landowner or the landowner’s agent in planning, 35
120	119		implementing, or conducting the prescribed burning. 36 As Engrossed: S3/27/23 SB415
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125	124		1
126	125		15-30-105. Requirements for prescribed burning prescriptions and 2
127	126		prescribed burnings. 3
128	127		(a)(1) Before conducting a prescribed burning, a quali fied prescribed 4
129	128		burner shall develop a prescribed burning prescription. 5
130	129		(2) A copy of the prescribed burning prescription developed 6
131	130		under subdivision (a)(1) of this section shall be: 7
132	131		(A) Provided to the landowner; and 8
133	132		(B) Except as provided in subdivision (c)(3) of this 9
134	133		section, in the possession of the qualified prescribed burner on the site of 10
135	134		the prescribed burning throughout the duration of the prescribed burning. 11
136	135		(b) A prescribed burning prescription shall include: 12
137	136		(1) The landowner's name and address; 13
138	137		(2) A description of the area to be burned; 14
139	138		(3) A map of the area to be burned; 15
140	139		(4) The objectives of the prescribed burning; 16
141	140		(5) The name of the qualified prescribed burner responsible for 17
142	141		conducting the prescribed burning; 18
143	142		(6) A summary of the methods that the qualified prescribed 19
144	143		burner intends to use to start, control, and extinguish the prescribed 20
145	144		burning, based on the particular circumstances involved with the prescribed 21
146	145		burning; and 22
147	146		(7) A description of the allowable weather conditions in which 23
148	147		the prescribed burning can be conducted. 24
149	148		(c)(1) A qualified prescribed burner shall conduct a prescribed 25
150	149		burning in accordance with a prescribed burning prescription that satisfies 26
151	150		subsection (b) of this section. 27
152	151		(2) Except as provided in subdivision (c)(3) of this section, 28
153	152		from the start of the prescribed burning until the prescribed burning is 29
154	153		adequately confined to r easonably prevent escape of the prescribed burning 30
155	154		from the area intended to be burned, the qualified prescribed burner shall 31
156	155		be: 32
157	156		(A) Present on the site of the prescribed burning; and 33
158	157		(B) In charge of the prescribed burning. 34
159	158		(3) A landowner may conduct a prescribed burning and be 35
160	159		considered in compliance with this subchapter without being a qualified 36 As Engrossed: S3/27/23 SB415
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165	164		prescribed burner if the landowner is: 1
166	165		(A) Burning a tract of forestland of one hundred (100) 2
167	166		acres or less owned by the l andowner; and 3
168	167		(B) Following all conditions established in a prescribed 4
169	168		burning prescription prepared by a qualified prescribed burner. 5
170	169		(d) Before conducting a prescribed burning, a landowner or the 6
171	170		landowner's agent shall notify the Department of Ag riculture and, if 7
172	171		requested by the department, provide the department with a copy of the 8
173	172		prescribed burning prescription. 9
174	173		10
175	174		15-30-106. Application of other law. 11
176	175		A prescribed burning conducted in compliance with this subchapter is 12
177	176		not subject to the open -air fire provisions in §§ 20 -22-301 - 20-22-306. 13
178	177		14
179	178		15-30-107. Rules. 15
180	179		The Department of Agriculture shall promulgate rules on the 16
181	180		requirements for becoming a qualified prescribed burner under this 17
182	181		subchapter. 18
183	182		19
184	183		/s/Stone 20
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187		-	~~APPROVED: 4/11/23~~ 23
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