Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1045 3
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By: Representative Cavenaugh 5
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For An Act To Be Entitled 8
AN ACT REGARDING CROP RESIDUE BURNS; TO PLACE CERTAIN 9
REQUIREMENTS ON AN INDIVIDUAL PLANNING A CROP RESIDUE 10
BURN; TO ADDRESS LIABILITY OF AN INDIVIDUAL WHO HAS 11
FOLLOWED CROP RESIDUE BURN REQUIREMENTS; TO PROVIDE 12
CIVIL PENALTIES; AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO PLACE CERTAIN REQUIREMENTS ON AN 17
INDIVIDUAL PLANNING A CROP RESIDUE BURN; 18
TO ADDRESS LIABILITY OF AN INDIVIDUAL 19
WHO HAS FOLLOW CROP RESIDUE BURN 20
REQUIREMENTS; AND TO PROVIDE CIVIL 21
PENALTIES. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. Arkansas Code Title 2, Chapter 1, Subchapter 1, is amended 26
to add an additional section to read as follows: 27
2-1-103. Crop residue burn requirements — Liability — Penalty. 28
(a) A crop residue burn shall: 29
(1) Be reported to the Department of Agriculture for approval 30
before burning commences; and 31
(2) Comply with the Arkansas Voluntary Smoke Management 32
Guidelines for Row Crop Burning. 33
(b) A crop residue burn is not prohibited in a county with a burn ban 34
unless the Forestry Division of the Department of Agriculture determines all 35
burning is unsafe in the county. 36 HB1045
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(c) An individual who conducts a crop residue burn in compliance with 1
this section is not liable in a civil action for any damage or injury caused 2
by a fire in the crop residue burn, including without limitation the 3
reignition of a smoldering and previously contained fire or resulting from 4
smoke, unless the claimant proves by a preponderance of the evidence that the 5
claimant suffered damages as a result of negligence by the individual in 6
planning, implementing, or conducting the crop residue burn. 7
(d) An individual who conducts a crop residue burn in violation of 8
this section shall pay the following civil penalties to the department: 9
(1) Twenty-five thousand dollars ($25,000) for the first 10
violation; 11
(2) Fifty thousand dollars ($50,000) for a second violation; and 12
(3) Seventy-five thousand dollars ($75,000) for each subsequent 13
violation beyond the second. 14
(e) A decision of the department to assess a civil penalty on an 15
individual for a violation under subsection (d) of this section may be 16
appealed by the individual as provided in the Arkansas Administrative 17
Procedure Act, § 25-15-201 et seq. 18
(f) Moneys collected through a civil penalty assessed by the 19
department under this section shall be distributed to the Agri Scholarship 20
Program under § 25-38-212. 21
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