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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3192 By: Newton
COMMITTEE SUBSTITUTE
An Act relating to forestry administration and
enforcement; amending 2 O.S. 2021, Se ctions 16-2, 16-
4, and 16-8, which relate to the Oklahoma Forestry
Code; defining terms; modifying definitions;
modifying duties of Forestry Division of Okl ahoma
Department of Agriculture, Fo od, and Forestry;
modifying terms; prohi biting liability for cert ain
activities; amending 2 O.S. 2021, Sections 16 -21 and
16-28.2, which relate to f orest fire prevention;
modifying term; modifying prescribed notification
area plan form; updating statutory references;
updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 16 -2, is
amended to read as follows:
Section 16-2. As used in the Oklahoma Forestry Co de:
1. "Control line" means a constructed or natural barrier an d
treated fire edge used to control a fire;
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2. "Director" means the Director of For estry of the Oklahoma
Department of Agriculture, Food, and Forestry ;
2. 3. "Division" means the Forestry Division of the Oklahoma
Department of Agriculture, Food, and Forestry;
3. 4. "Established property line " means any boundary line which
has been:
a. recognized by adjoining land owne rs as a boundary and
uncontested for at least fifteen (15) years including,
but not limited to, fenc e lines, roads, and natural
features,
b. established by a registered land surveyor, or
c. uncontested for at least fifteen (15) years;
5. "Fire line" means the actively burning or burned perimeter
of an uncontrolled wildfire of an y size that necessitates the use of
direct or indirect tactical suppression actions to control the
wildfire;
4. 6. "Forest rangers" means all employees of the Forestry
Division who have responsibilities in forest and natural resource
protection, including laborers, mechanics, an d other employees who
assist in forest and natural resource protection;
5. 7. "Forest" means a tract of land that is at lea st ten
percent (10%) stocked by t rees of any size, whether of commercial or
noncommercial species, or former ly having tree cover and not
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currently developed for nonforest non-forest use, including
woodlands, woodlots, windbreaks, and shelterbelts;
8. "Hazardous duty" means actions perfor med on or near the fire
line required to fight and control wildfires in order to protect
lives, property, forests, and natural resources as well as functions
associated with wildland h azardous fuels reduction work to mitiga te
and reduce wildfire threat to lives, property, forests, and natural
resources;
6. 9. "Logging or timber harvesting operations " means the
cutting or harvesting of and re moval of timber from a site, leaving
the root mass intact;
7. 10. "Owner" means the possessor of a fee interest, a t enant,
lessee, occupant, or other pe rson in lawful control of land;
8. 11. "Prescribed burning" means the controlled application of
fire by the owner or designated agent of croplands, rangelands, or
forestlands of fire to naturally occurring vegetative fuel under
specified environmental conditions and following appropriate
precautionary measures, which causes intended to keep the fire to be
confined to a predetermined area and accomplish land management
objectives;
9. 12. "Timber" means live and dead tree s and the profit in any
live and dead trees including, but not limited to, bark, foliage,
wood, vines, firewood, crossties, and shrubbery;
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10. 13. "Timber owner" means any person who ow ns the right to
cut or harvest timber a t the time the timber is to be cut or
harvested, or who legally owns the severed timber;
11. 14. "Wildfires" means any fire which is not controlled on
forests, grasslands, fields, or croplands; and
12. "Wild lands" 15. "Wildland" means any undeveloped lands
land regardless of kind of vegetative plant cover including forests,
prairies, marshes, and swamps forest, prairie, marsh, and swamp; and
16. "Wildland firefighter" means any forest ranger employed by
the Forestry Division whose duty to fight wildfir es includes
incident management, fire suppression, and hazardous wildland fuel
mitigation.
SECTION 2. AMENDATORY 2 O.S. 2021, Section 16-4, is
amended to read as follows:
Section 16-4. It shall be the duty of the State Board of
Agriculture under terms the Boar d determines shall best serve the
public interest to assist and cooperate w ith federal and state
departments, educational institutions, count ies, towns,
corporations, or individuals; to gather and disseminate information
about forests, their care and manag ement; to prevent and extinguish
wildfires; to enforce all laws pertaining to forests and woodlands
wildlands; and to monitor the health, inv entory, and condition of
the state's forest resources.
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SECTION 3. AMENDATORY 2 O.S. 2021, Section 16-8, is
amended to read as follows:
Section 16-8. A. The Forestry Division of the Oklahoma
Department of Agriculture, Food, and F orestry, in connection with
the enforcement of the Oklahoma Forestry Code, shall hav e the
following powers, authori ty, and duties:
1. To enforce the provisions of this code and other forest and
forest protection laws of this state;
2. To prevent, mitigate, detect, extinguish suppress, and
investigate wildfires in this state;
3. To provide wildfire fighting wildland firefighting crews,
who shall be under the control and direction of forest rangers and
other designated agents of the Division;
4. To appoint district foresters, assistant district for esters,
investigators, rangers , and other employees;
5. To use the resources of the Division on state -owned parks
and other state-administered land to prevent and suppress fires
wildfires, to mitigate hazardous wildland fuels, and to establish
fire fighting wildland firefighting crews who shall be authorized to
suppress fires wildfires on state land;
6. To be reimbursed on an actual cost basis for all services
provided to state parks and other land administered by the State of
Oklahoma;
7. To investigate cases of forest timber theft;
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8. To make available for sale surplus s tate vehicles directly
to rural fire departments or municipal fir e departments, in cities
or towns under ten thousand (10,000) population. S tate vehicles may
be offered for sale only a fter approval is given in writing by the
Office of Management and Enter prise Services and an evaluation is
made of each vehicle and a pr ice set by the Office of Management a nd
Enterprise Services. The Forestry D ivision may only receive the
amount authorized by the Office of Management and Enter prise
Services for the sale of the vehicle;
9. To purchase equipment from the Rural Fire Defens e Equipment
Revolving Fund's inventory, when advantageous to the state, and to
reimburse the Revolving Fund; and
10. To plan and conduct prescribed burning at the request and
expense of landowners on public or private land for the purpose of
controlling Eastern Redcedar and other invasive or exotic species,
for hazardous fuel red uction, wildlife habitat manipulation,
ecosystem restoration, or achieving silvicult ural objectives.
Forestry Division employees shall be protected under The
Governmental Tort Claims Act an d shall not be personally l iable
beyond the limits established the rein for activities pursuant to
this paragraph unless gross negligence is establishe d in a competent
court of law.
B. Forest rangers, and the fire fighting firefighting crews
under their control and direction, may enter upon any land for the
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purpose of preventing and suppressing wildfires and to en force the
provisions of the Oklahoma For estry Code and other wildfire a nd
forest protection laws of this state.
C. Forest rangers, employees of t he Division, and all persons
under contract or agreement with the Division to assist in fire
fighting firefighting operations, as well as persons call ed upon by
forest rangers or ot her authorized employees of the Division to
assist in fire fighting firefighting under the direction o r
supervision of employees of the Divis ion, may, in the performance of
their duties, set backfires, dig trenches, cut firelines construct
control lines, and carry on all customary activities in the fighting
of wildfires without i ncurring liability to any p erson.
D. Under the direction of forest rangers and upon written
receipt of permission consent of the landowner, county officers and
employees may, in th e performance of their duties and without
incurring liability to any person , cut firelines construct control
lines and carry out all customar y activities for conducting
prescribed burns to mitig ate hazardous wildland fuels for the
prevention of to prevent wildfires on private lands.
E. Upon written consent from a landowner or de signated agent,
forest rangers in the performance of their duties and without
incurring liability to any person, may co nstruct control lines,
carry out all customary activities for conducting prescribed burns,
and utilize mechanized equipment to reduce haz ardous wildland fuels
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in order to mitigate or reduce the effects o f wildfires on lives,
property, forests, and natural resources on private and public lands
in this state.
1. The Director of the Forestry Division may appoint, subject
to the approval of th e State Board of Agricultur e, special officers
who shall have the power and authority to arrest. The special
officers shall have power and authority throughout the state, under
the direction and control of the Division, to enforce the criminal
provisions contained in the Oklahoma F orestry Code, other laws
relating to forests and wildfires and the Oklahoma Agricultural
Code.
2. The special officers shall have po wer and authority to make
arrests with or without warrants for violations of the criminal
provisions of the Oklahoma Forest ry Code, other laws relating to
forests and wildfires and the Oklahoma Agricultural Code to the same
extent and under the same limita tions and duties as p eace officers
under the provisions of Chapter 3 of Title 22, Chapter 3 of the
Oklahoma Statutes.
3. In connection with the enforcement of the criminal
provisions, the special officers and other state investigators or
law enforcement officers may go upon a ll premises when necessary for
the enforcement of laws. All special office rs shall be ex officio
forest rangers and shall be under the control and direction of the
Division; except, th e Director may at any time, for cause, re move
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any powers and authority of arrest conferred. Special officers
shall have the same right and author ity to carry arms as the
sheriffs of this state. The compensation of special officers shall
be fixed and paid by the Division from its funds.
SECTION 4. AMENDATORY 2 O.S. 2021, Section 16 -21, is
amended to read as follows:
Section 16-21. The Division shall organize forest protection
areas to prevent, detect, and suppress wildfires most effectively,
and may employ forest ranger s to have charge of its activi ties in
each area; may subdivide each a rea into patrol areas; may construct
lookout towers, roads, bri dges, firelines control lines, office
facilities, and communication facilities; may purchase tools for
firefighting as well as other necessary supplies an d equipment; and
may carry on all activities necessar y to protect the area
effectively from fires.
SECTION 5. AMENDATORY 2 O.S. 2021, Section 16 -28.2, is
amended to read as follows:
Section 16-28.2 A. 1. The provisions of this section apply to
a prescribed burn.
2. Any owner wishing to set fire to la nd in order to conduct a
prescribed burn shall comply with the provisions of this section.
B. 1. Within sixty (60) days prior to conducting a prescribed
burn, the owner of the land to be burned shall orally or in writing
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notify all landowners whose lands adjoin the owner's land to be
burned.
2. If any landowner is burning on a large, consolidated tract
of land in which there are multiple adjacent owne rs, only those
owners with adjoining land within one (1) mile of the proposed burn
area must be notified.
3. The owner shall includ e in the written notice or shall
orally notify the adjoining landowners of the prop osed date and
location of the burn and a telephone number where the own er can be
reached for information regarding the prescribed burn.
C. In addition to notification of ad joining property owners
pursuant to subsection B of this section, the owner of the land to
be burned shall complete the pres cribed burn notification plan
specified in subsection D of this section and shall submit such plan
to the rural fire department near est the land to be burned. If the
land to be burned is in a protection area, the o wner shall also
submit a copy of the noti fication plan to the local off ice or local
representative of the Forestry Division nearest to the land to be
burned.
D. Any person wishing to conduct a prescribed burn shall
complete this a Prescribed Burn Notification Plan form, distributed
prescribed by the Oklahoma Department of Agriculture, Food, and
Forestry, which shall be in substantially the followin g form:.
PRESCRIBED BURN NOTIFICATION PLAN
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Name_______________________________________ Phone____________
Address______________________________ _______ County____________
City, State, Zip_______________________________________________
Ranch name, if any___ ___________________________ _______________
Area to be burned______________________________________________
Approximate acres to be burned_______ __________________________
Written distance description of location_______________________
_____________________ ___________________________ _______________
Projected time frame___________________________________________
Date of previous burn________________ __________________________
Objectives to be accomplished through the prescribed burn:
__________________________ ___________________________ __________
_______________________________________________________________
__________________________________________ _____________________
Contact information:
_____________________________________________________________
__________________________________ ___________________________
_____________________________________________________________
Rural Fire Department:
Name: Location: Phone No.:
_____________________________________________________________
_____________________ ___________________________ _____________
Forestry District Office (for protection areas)______________
_________________________________________ ____________________
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Adjoining landowners:
_____________________________________________________________
__________________________________ ___________________________
_____________________________________________________________
___________________________ __________________________ ________
The original copy of the f orm must shall be filed with the rural
fire department nearest to the land to be burned. If conducting a
prescribed burn within a protection area, a copy of the prescribed
burn notification plan must shall be filed with the local office or
local representative of the Forestry Division nearest to the land to
be burned. A copy of the plan shall be retained by the owner o f the
land to be burned.
E. 1. Whether the land is located within or outside a
protection area, the owner of the land to be burned shall, within
forty-eight (48) hours of conducting a prescribed burn, notify the
rural fire department receiving a copy of the prescribed burn
notification plan tha t the prescribed burn will be conducted.
2. Within a protection area, the owner of the land to be burned
shall also, within the time period required by Section 7 16-28.1 of
this act title, notify the local office or local representative of
the Forestry Division receiving a copy of the prescribed burn
notification plan.
F. A prescribed burn conducted pursuant to provisions of this
section shall:
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1. Be considered in the public interest and sh all not
constitute a public or private nuisance; and
2. Be considered a property right of the property owner if
vegetative fuels are used.
G. 1. Any owner conducting a prescribed burn who is found by a
court of law to have caused damages or injury as a result of
accident or by ordinary negligence shall only be civill y liable for
actual damages resulting from the prescribed burn.
2. Any owner conducting a prescribed burn who is found by a
court of law to have committed gross negligence in conducting the
prescribed burn may be fo und to be both civilly liable for the
amount of damage done by the fire, and criminally liable pursuant to
paragraph 3 of this subsection.
3. Any owner setting or caus ing to be set on fire land as
authorized by this section, and a s a result of gross negli gence
permitting the fire to spread beyo nd the control of the owner or
beyond the bounds of the owner 's land, shall be deemed guilty of a
misdemeanor, and upon convicti on thereof, be fined a sum not more
than Five Hundred Dollars ( $500.00), or imprisonment in the county
jail for a period not mor e than six (6) months.
SECTION 6. This act shall become e ffective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE, dated 02/07/2024 - DO
PASS, As Amended.