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1 HOUSE BILL NO. 84
2 INTRODUCED BY S. GIST
3 BY REQUEST OF THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING FIRE MANAGEMENT LAWS; ESTABLISHING THE
6 PRESCRIBED FIRE MANAGER CERTIFICATION AND LIABILITY ACT; PROVIDING DEFINITIONS;
7 PROVIDING RULEMAKING AUTHORITY; LIMITING THE LIABILITY OF CERTIFIED PRESCRIBED FIRE
8 MANAGERS; PROVIDING FOR APPLICABILITY AND ENFORCEMENT OF THE ACT; CREATING A FUND;
9 REQUIRING A PERMIT BEFORE A PRESCRIBED FIRE MAY BE IGNITED OR SET; AMENDING SECTIONS
10 50-63-102, 50-63-103, 76-13-121, AND 76-13-122, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE
11 DATES.”
12
13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
14
15 NEW SECTION. Section 1. [Sections 1 through 6 8] may be cited as the "Prescribed Fire
16 Manager Certification and Liability Act".
17
18 NEW SECTION. Section 2.
19 prescribed fire manager certification program and to establish a contingent liability standard.
20
21 NEW SECTION. Section 3. For the purposes of [sections 1 through 6 8], the following
22 definitions apply:
23 (1) "Certified prescribed fire manager" means a person who has successfully completed a
24 prescribed fire manager certification program approved by the department and who is in good standing with the
25 department.
26 (2) "Department" means the department of natural resources and conservation provided for in 2-
27 15-3301.
28 (3) "Prescribed fire" means an intentionally set fire that meets specific predefined land - 2025
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1 management objectives and that is done under specific weather conditions, in accordance with applicable laws,
2 rules, and policies.
3
4 NEW SECTION. Section 4. (1) The
5 department may create a prescribed fire manager certification program. The program must include training on
6 all relevant aspects of prescribed fire in the state, including but not limited to the following:
7 (a) applicable laws and rules;
8 (b) safety planning and management;
9 (c) weather;
10 (d) prescribed fire behavior, complexity analysis, and techniques;
11 (e) smoke management;
12 (f) prescribed fire burn plan requirements and standards;
13 (g) public relations;
14 (h) prescribed fire burn permitting; and
15 (i) contingencies.
16 (2) The department may adopt rules to establish training requirements, fees, and standards for the
17 program IMPLEMENT THE PRESCRIBED FIRE MANAGER CERTIFICATION PROGRAM, :
18 (A);
19 (B);
20 (C) CERTIFICATIONS FROM OTHER STATES AND
21;
22 (D) THE PRESCRIBED FIRE MANAGER CERTIFICATION CLAIMS ACCOUNT; AND
23 (D)(E).
24
25 NEW SECTION. Section 5. A certified prescribed fire manager or a landowner or
26 landowner's agent using a certified prescribed fire manager who conducts a prescribed fire in compliance with
27 [sections 1 through 6 8] and the rules adopted by the department is not liable for injury to or destruction of
28 property arising from a wildfire, except to the extent evidence demonstrates that: - 2025
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1 (1) an action or omission of the certified prescribed fire manager, landowner, or landowner's agent
2 constituted negligence or a higher degree of fault; and
3 (2) the action or omission caused or contributed to the cause of the wildfire or caused or
4 contributed to the wildfire spreading.
5
6 NEW SECTION. Section 6. (1) [Sections 1 through 6 8] may not be
7 construed as requiring certification as a prescribed fire manager to conduct burning operations on one's own
8 property or on the property of another person with the person's permission if the person complies with
9 applicable laws and rules related to prescribed fire and burning.
10 (2) The department may revoke a person's prescribed fire manager certification if the person
11 violates the standards established in [sections 1 through 6 8] or rules adopted by the department.
12
13 NEW SECTION. SECTION 7. RESCRIBED FIRE MANAGER CERTIFICATION CLAIMS SPECIAL REVENUE
14. (1) T
1517-2-102.
16 (2) THERE MUST BE DEPOSITED IN THE ACCOUNT MONEY RECEIVED BY THE DEPARTMENT IN THE FORM OF
17, GIFTS, TRANSFERS, BEQUESTS,, AND APPROPRIATIONS FROM ANY SOURCE INTENDED TO BE USED
18[1 THROUGH 8].
19 (3) MONEY DEPOSITED IN THE ACCOUNT MAY NOT BE USED FOR ANY PURPOSES OTHER THAN FOR THE
20
21 PRESCRIBED
22.
23
24 NEW SECTION. SECTION 8. EPARTMENT STUDY OF PRESCRIBED FIRE LIABILITY. (1) THE DEPARTMENT
25.
26 (2) THE STUDY MUST EXAMINE:
27 (A)
28; AND - 2025
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1 (B)
2, INCLUDING LOSS OF TIME, RESOURCES, CROPS, FENCING,.
3
4 Section 50-63-102, MCA, is amended to read:
5 "50-63-102. A Except as provided in
6 [section 5], a person who sets or leaves a fire that spreads and damages or destroys property of any kind not
7 belonging to the person is subject to a civil penalty of not less than $50 or more than $500."
8
9 Section 50-63-103, MCA, is amended to read:
10 "50-63-103.
11 [section 5], a person who sets or leaves a fire that spreads and damages or destroys property of any kind not
12 belonging to the person is liable for all damages caused by the fire, and an owner of property damaged or
13 destroyed by the fire may maintain a civil suit for the purpose of recovering damages. A person who sets or
14 leaves a fire that threatens to spread and damage or destroy property is liable for all costs and expenses
15 incurred, including but not limited to expenses incurred in investigation of the fire and administration of fire
16 suppression, by the state of Montana, by any forestry association, or by any person extinguishing or preventing
17 the spread of the fire."
18
19 Section 76-13-121, MCA, is amended to read:
20 "76-13-121. (1) (a) A person may not conduct a prescribed fire, as
21 defined in [section 3], without an official written permit to ignite or set the prescribed fire from the recognized
22 agency for that protection area.
23 (b) During the wildfire season or an expansion of the wildfire season, a person may not ignite or
24 set a fire, including a slash-burning fire, land-clearing fire, debris-burning fire, or, except as provided in
25 subsection (2), an open fire without an official written permit to ignite or set the fire from the recognized agency
26 for that protection area.
27 (2) (a) If no restrictions are in place, a permit is not needed for recreational fires measuring less
28 than 48 inches in diameter that are surrounded by a nonflammable area or structure and for which a suitable - 2025
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1 source of extinguishing the fire is available.
2 (b) A recreational fire may not be ignited if special restrictions prohibiting recreational fires have
3 been established by an authority having jurisdiction."
4
5 Section 76-13-122, MCA, is amended to read:
6 "76-13-122.
7 ignite a fire shall comply strictly with the permit. A Except as provided in [section 5], a person who fails to
8 comply with the permit, leaves the fire unattended, leaves the fire before it is totally extinguished, or negligently
9 allows the fire to spread from or beyond the burning area defined by the permit is subject to the penalty
10 provided in 50-63-102 and is subject to the provisions of 50-63-103. The department shall prescribe the form
11 and substance of the permit."
12
13 NEW SECTION. Section 13. [Sections 1 through 6 8] are intended to be
14 codified as a new part in Title 76, chapter 13, and the provisions of Title 76, chapter 13, apply to [sections 1
15 through 6 8].
16
17 NEW SECTION. Section 14. CONTINGENCY. (1) [This act] EXCEPT AS PROVIDED IN
18(2), [THIS ACT] is effective January 1, 2026 ON PASSAGE AND APPROVAL.
19 (2) [SECTION 5 ] IS [SECTIONS 5 AND 11] ARE EFFECTIVE ON THE LATER OF JANUARY 1, 2026,
20 AFTER LEGISLATIVE APPROPRIATION OF FUNDS TO THE PRESCRIBED FIRE MANAGER
21[SECTION 7]. T
2215 DAYS OF THE OCCURRENCE OF THE CONTINGENCY.
23 - END -