Mississippi Code, Title 49, Chapter 19
Mississippi
Prescribed Burning Act
§ 49-19-301. Short title.
Sections 49-19-301 through 49-19-307 may be cited as the "Mississippi Prescribed Burning Act."
Sources: Laws, 1992, ch. 348, § 1, eff from and after March 1, 1993.
§ 49-19-303. Legislative findings; purpose.
(1) The application of prescribed burning is a landowner property right and a land management tool that benefits the safety of the public, the environment and the economy of Mississippi. Pursuant thereto, the Legislature finds that:
(a) Prescribed burning reduces naturally occurring vegetative fuels within wild land areas. Reduction of the fuel load reduces the risk and severity of major catastrophic wildfire, thereby reducing the threat of loss of life and property, particularly in urbanizing areas.
(b) Most of Mississippi's natural communities require periodic fire for maintenance of their ecological integrity. Prescribed burning is essential to the perpetuation, restoration and management of many plant and animal communities. Significant loss of the state's biological diversity will occur if fire is excluded from fire-dependent systems.
(c) Forest lands constitute significant economic, biological and aesthetic resources of statewide importance. Prescribed burning on forest land prepares sites for reforestation, removes undesirable competing vegetation, expedites nutrient cycling and controls or eliminates certain forest pathogens.
(d) The state manages hundreds of thousands of acres of land for parks, wildlife management areas, forests and other public purposes. The use of prescribed burning for management of public lands is essential to maintain the specific resource values for which these lands were acquired.
(e) Proper training in the use of prescribed burning is necessary to ensure maximum benefits and protection for the public.
(f) As Mississippi's population continues to grow, pressures from liability issues and nuisance complaints inhibit the use of prescribed burning.
(2) It is the purpose of Sections 49-19-301 through
49-19-307 to authorize and promote the continued use of prescribed burning for ecological, silvicultural and wildlife management purposes.
Sources: Laws, 1992, ch. 348, § 2, eff from and after March 1, 1993.
§ 49-19-305. Definitions.
As used in this section unless the context requires otherwise:
(a) "Prescribed burning" means the controlled application of fire to naturally occurring vegetative fuels for ecological, silvicultural and wildlife management purposes under specified environmental conditions and the following of appropriate precautionary measures which cause the fire to be confined to a predetermined area and accomplishes the planned land management objectives.
(b) "Certified prescribed burn manager" means an individual or county forester who successfully completes the certification program approved by the Mississippi Forestry Commission.
(c) "Prescription" means a written plan for starting and controlling a prescribed burn to accomplish the ecological, silvicultural and wildlife management objectives.
Sources: Laws, 1992, ch. 348, § 3, eff from and after March 1, 1993.
§ 49-19-307. Regulation of prescribed burns; liability.
(1) No property owner or his agent, conducting a prescribed burn pursuant to the requirements of this section, shall be liable for damage or injury caused by fire or resulting smoke unless negligence is proven.
(2) Prescribed burning conducted under the provisions of this section shall:
(a) Be accomplished only when at least one (1) certified prescribed burn manager is supervising the burn or burns that are being conducted;
(b) Require that a written prescription be prepared and notarized prior to prescribed burning;
(c) Require that a burning permit be obtained from the Mississippi Forestry Commission; and
(d) Be considered in the public interest and shall not constitute a public or private nuisance when conducted pursuant to state air pollution statutes and rules applicable to prescribed burning.
(3) The Mississippi Forestry Commission shall have the authority to promulgate rules for the certification of prescribed burn managers and guidelines for a prescribed burn prescription.
(4) Nothing in this section shall be construed to limit the civil or criminal liability as provided in Section 97-17-13 and Section 95-5-25, Mississippi Code of 1972.
Sources: Laws, 1992, ch. 348, § 4, eff from and after March 1, 1993.
Restrictions on Outdoor Burning
§ 49-19-351. Restrictions on outdoor burning during drought or wildfire conditions; penalties.
(1) In this section, "drought or wildfire conditions" means the existence of a deficit of moisture creating severe conditions with increased wildfire occurrences as determined by the State Forestry Commission through use of drought indices or models or the existence of extreme wildfire conditions.
(2) If the State Forestry Commission determines that drought or wildfire conditions exist in a county, the commission shall notify the board of supervisors of that county. The commission may recommend that a temporary outdoor burning ban or other restrictions be adopted by the board of supervisors.
(3) The board of supervisors may, by order, prohibit or restrict outdoor burning in all or part of the unincorporated parts of the county if drought or wildfire conditions have been determined to exist by the State Forestry Commission. An order must specify the period during which burning is restricted. The State Forestry Commission shall notify the board of supervisors when the drought or wildfire conditions no longer exist. Any order issued under this section shall expire upon the determination that the drought or wildfire conditions no longer exist.
(4) Any person who knowingly and willfully violates an order under this section is guilty of a misdemeanor and may be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).
(5) The sheriff of the county shall enforce the order and may cite persons for violations of an order under this section.
Sources: Laws, 2000, ch. 420, § 1, eff from and after passage (approved Apr. 17, 2000.)
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