You must get a burn permit from the State Forestry Commission before conducting prescribed burning, and the permit can be denied, revoked, or issued under rules set by the State Forester.
(a) For the purposes of this section, the term “prescribed burning” shall have the same meaning as defined in Section 9-13-272. (b) No person shall conduct any prescribed burning without first obtaining a burn permit from the State Forestry Commission. Burn permits shall be issued in the manner determined by rule of the State Forester. This may include issuing permits electronically. (c) A person may obtain a burn permit only if the requesting individual makes a declaration that all of the following criteria are met: (1) The person requesting the permit has adequate tools, equipment, manpower, and other resources to stay with and control the fire during the entire burning period. (2) The person requesting the permit is sufficiently skilled and responsibly able to keep the fire controlled. (3) The person requesting the permit may not allow the fire to be unattended until the fire is fully contained, meaning that the fire, and any burning or smoldering material from the fire, must be entirely within established or natural firebreaks. (d) The State Forester may decline to issue a requested burn permit under any of the following circumstances: (1) The person requesting the burn permit has in the past demonstrated reckless or irresponsible conduct while conducting prescribed burnings. Reckless or irresponsible conduct includes, but is not limited to, the person allowing multiple prescribed burnings to escape containment and cause material damage to adjacent land or require the State Forestry Commission or fire department to respond to or suppress the fire. (2) The person requesting the burn permit is seeking to conduct a prescribed burning in any area for which the State Forester has issued a wildfire alert. Under these circumstances, the State Forester shall take into account the current number of wildfires in the area and the state generally, current and projected weather conditions, the knowledge, training, and ability of the person seeking the burn permit to control and contain the prescribed burning, and any other factors relevant to determining whether issuing the requested burn permit might create an unreasonable risk of injury to individuals or property. (e) If it is determined that a burn permit was issued by the State Forestry Commission based on any false declaration by the person who requested the burn permit, any prescribed burning conducted pursuant to the false declaration and permit shall be treated as if no legal authorization has been obtained. (f) If it is determined that a burn permit was issued based on any false declaration by the person who requested the burn permit, the burn permit may be revoked by the State Forestry Commission. (g) A burn permit that has already been issued may be revoked at any time by the State Forestry Commission if any person conducting a prescribed burning fails to comply with proper prescribed burning procedures. (h) Regardless of the conduct of any person conducting a prescribed burning pursuant to an issued burn permit, the State Forestry Commission may revoke a burn permit at any time if weather or other conditions develop that may produce erratic fire or smoke behavior or other circumstances that may create an unreasonable risk of injury to individuals or property. (i) If a burn permit is revoked by the State Forestry Commission, any continuation of a prescribed burning conducted pursuant to the burn permit, except actions by the person conducting the prescribed burning to contain, suppress, or otherwise control a prescribed burning that was commenced before the burn permit was revoked, shall be treated as if no legal authorization had been obtained. (j) The State Forestry Commission may adopt rules and forms to implement and administer this chapter.