49-19-307 - Regulation of prescribed burns; liability. - Mississippi Statutes

§ 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.