CALIFORNIA STATUTES AND CODES
SECTIONS 4491-4494
PUBLIC RESOURCES CODE
SECTION 4491-4494
4491. Cooperation by the department, as provided in this article,
with any person desiring to use prescribed burning as a means of
converting brush-covered lands into forage lands, which has as its
objective prevention of high intensity wildland fires, watershed
management, range improvement, vegetation management, forest
improvement, wildlife habitat improvement, and maintenance of air
quality, or any combination thereof, is declared to be for a public
purpose.
This article shall be administered by the director or, if
responsibility therefor is delegated by the director, by the chief of
a county fire department in a county contracting with the department
pursuant to the provisions of Section 4129.
In furtherance of the provisions of this article, the department
shall provide advisory service to applicants for permits as to
precautions to be taken by the applicant to prevent damage to the
property of others by reason of the prescribed burning, and shall
provide standby fire protection, to such extent as personnel, fire
crews, and firefighting equipment are available.
4492. Any person, firm, or corporation, or any group or combination
of persons, firms, corporations or groups, that owns or controls
brush-covered land within a state responsibility area may apply to
the department for permission to burn the brush from such lands. The
application shall be on a form prescribed by the department and shall
contain a description of the lands and such other pertinent
information as the department may require.
4493. Upon receipt of an application, the department shall inspect
such land in company with the applicant to determine whether a permit
shall be granted, shall prescribe the manner in which the site for
the prescribed burning shall be prepared, and shall require such
precautions to be taken by the applicant as may be considered
reasonable to prevent damage to the property of others by reason of
such burning. The precautions shall, if deemed necessary, include the
advance preparation of firebreaks and the firefighting equipment and
personnel desirable to conduct the prescribed burning.
4494. Upon the conclusion of the examination provided for in
Section 4493, the department may issue to the applicant a burning
permit which shall specify the site preparation requirements and
required precautions to be exercised prior to and during the burning.
The issuance of a permit by the department does not relieve the
holder of the permit from the duty of exercising due diligence to
avoid damage to property of others in conducting the burning of
vegetation as authorized by the permit.