Ark. Code § 15-30-105

Current with legislation from 2024 Fiscal and Special Sessions.
Section 15-30-105 - Requirements for prescribed burning prescriptions and prescribed burnings
(a)
(1) Before conducting a prescribed burning, a qualified prescribed burner shall develop a prescribed burning prescription.
(2) A copy of the prescribed burning prescription developed under subdivision (a)(1) of this section shall be:
(A) Provided to the landowner; and
(B) Except as provided in subdivision (c)(3) of this section, in the possession of the qualified prescribed burner on the site of the prescribed burning throughout the duration of the prescribed burning.
(b) A prescribed burning prescription shall include:
(1) The landowner's name and address;
(2) A description of the area to be burned;
(3) A map of the area to be burned;
(4) The objectives of the prescribed burning;
(5) The name of the qualified prescribed burner responsible for conducting the prescribed burning;
(6) A summary of the methods that the qualified prescribed burner intends to use to start, control, and extinguish the prescribed burning, based on the particular circumstances involved with the prescribed burning; and
(7) A description of the allowable weather conditions in which the prescribed burning can be conducted.
(c)
(1) A qualified prescribed burner shall conduct a prescribed burning in accordance with a prescribed burning prescription that satisfies subsection (b) of this section.
(2) Except as provided in subdivision (c)(3) of this section, from the start of the prescribed burning until the prescribed burning is adequately confined to reasonably prevent escape of the prescribed burning from the area intended to be burned, the qualified prescribed burner shall be:
(A) Present on the site of the prescribed burning; and
(B) In charge of the prescribed burning.
(3) A landowner may conduct a prescribed burning and be considered in compliance with this subchapter without being a qualified prescribed burner if the landowner is:
(A) Burning a tract of forestland of one hundred (100) acres or less owned by the landowner; and
(B) Following all conditions established in a prescribed burning prescription prepared by a qualified prescribed burner.
(d) Before conducting a prescribed burning, a landowner or the landowner's agent shall notify the Department of Agriculture and, if requested by the department, provide the department with a copy of the prescribed burning prescription.

Ark. Code § 15-30-105

Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.