Georgia CommonsHB 983: Conservation and natural resources; prescribed burning for silviculture purposes is exempt from certain burning notice and permit requirements; clarify
Enrolled version, the latest LegiScan holds · Last action May 6, 2026 · Passed
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
House Bill 983 (AS PASSED HOUSE AND SENATE)
By: Representatives Hagan of the 156th, Cannon of the 172nd, Meeks of the 178th, and Burchett of the 176th
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to clarify that prescribed burning for silviculture purposes is exempt from certain burning notice and permit requirements; to revise requirements for prescribed burning; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, is amended by revising subsection (d) of Code Section 12-6-90, relating to permit required for burning woods, lands, marshes, or other flammable vegetation and exceptions, as follows:
"(d) In addition to the notice and permit requirements set forth in this Code section, any county or municipality of this state may, by law or by ordinance, resolution, or regulation, provide additional notice or permit requirements for burning; provided, however, that no such additional requirements shall restrict prescribed burning, as such term is defined in Code Section 12-6-147 The notice or permit required by this Code section shall be in addition to any other notice or permit or other requirement for burning provided for by law or by ordinance, resolution, or regulation of any county or municipality of this state; provided, however, that no additional restrictions provided by local ordinance shall prohibit burning the understory for the health of the forest and wildlife or prohibit the landowner's ability to reduce fuel loads on the forest floor for the safety of the community; provided, further, that the foregoing exception shall not apply to the burning of leaf or brush piles not necessary to accomplish the purposes of prescribed burning."
SECTION 2.
Said article is further amended by revising Code Section 12-6-147, relating to definitions, as follows:
"12-6-147.
As used in this part, the term:
(1) 'Commission' means the State Forestry Commission.
(2) 'Prescribed burning' means the controlled application of fire to existing vegetative fuels for silviculture purposes, which is confined to a predetermined area, is conducted under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplishes one or more planned land management objectives or to mitigate mitigates catastrophic wildfires. Such term shall include, but shall not be limited to, burning for site preparation of land for timber cultivation, hazard fuel reduction, understory control, wildlife habitat improvement, natural regeneration, longleaf pine ecosystem maintenance, and timber stand improvement.
(3) 'Silviculture' means the science and practice of managing the establishment, growth, composition, health, and quality of forests, including, but not limited to, harvesting, planting, thinning, and burning, to maintain or improve forest productivity, ecological health, wildlife habitat, and economic value."
SECTION 3.
Said article is further amended by revising subsection (a) of Code Section 12-6-148, relating to requirements for prescribed burning and limitation on liability, as follows: "(a) Prescribed burning conducted under the requirements of this part shall:
(1) Be accomplished only when an individual with previous prescribed burning experience or training is in charge of the burn and is present on site until the fire is adequately confined to reasonably prevent escape of the fire from the area intended to be burned;
(2) Be considered in the public interest and shall not create a public or private nuisance;
(3) Be considered a property right of the landowner; and
(4) Be conducted in accordance with a permit issued under any requirements set forth in Part 3 of this article."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.