HB983: HB983 Conservation and natural resources; prescribed burning for silviculture purposes is exempt from certain burning notice and permit requirements; clarify
Last action May 6, 2026 · Effective Date 2026-07-01
House Bill 983 changes Georgia's forestry law to protect prescribed burning done for timber and forest management from local ordinances that would restrict it, while clarifying definitions and burn requirements.
In plain language
Georgia law already lets landowners and foresters set intentional, controlled fires (called prescribed burning) to manage forest health, reduce wildfire fuel, and improve wildlife habitat. This bill amends the forest resources law (O.C.G.A. § 12-6-90, 12-6-147, and 12-6-148) to make clear that counties and cities cannot pass ordinances that block prescribed burning done for silviculture, meaning forest management such as timber cultivation, wildlife habitat improvement, or reducing dangerous fuel buildup on the forest floor. The bill rewrites the definition of 'prescribed burning' to specifically tie it to silviculture purposes and adds a new definition of 'silviculture' itself. It also restates that prescribed burning is in the public interest, is not a legal nuisance, and is treated as a landowner's property right, as long as a trained person oversees the burn and it follows the required state permit. Burning leaf or brush piles not needed for the actual land management purpose is not covered by these protections. The bill repeals any conflicting laws.
What the bill does
- Bars counties and municipalities from passing ordinances that would restrict prescribed burning done for silviculture (forest management) purposes.
- Protects a landowner's ability to burn forest understory for forest and wildlife health or to reduce wildfire fuel loads from local restrictions.
- Rewrites the definition of 'prescribed burning' in O.C.G.A. § 12-6-147 to tie it specifically to silviculture and adds a new legal definition of 'silviculture.'
- Restates in O.C.G.A. § 12-6-148 that properly conducted prescribed burning is in the public interest, is not a nuisance, and is a landowner's property right.
- Excludes burning of leaf or brush piles that are not necessary to accomplish prescribed burning goals from these local-ordinance protections.
- Repeals any existing laws that conflict with these changes.
Who it affects
Landowners and timber companies who use controlled fire to manage forests, foresters and land managers who plan and supervise burns, county and municipal governments that regulate burning through local ordinances, and the State Forestry Commission, which oversees burn permits.
Why it matters
Local governments would lose the ability to block or heavily restrict prescribed burns used for forestry, meaning landowners could more reliably use fire to manage timberland, control wildfire fuel, and maintain wildlife habitat without conflicting local rules, as long as they follow state permit rules and have a trained person present.
Key provisions
- Section 1 revises O.C.G.A. § 12-6-90(d) to state that no local ordinance can prohibit burning the forest understory for forest or wildlife health or a landowner's efforts to reduce fuel loads for community safety.
- Section 1 carves out an exception: the protection from local restrictions does not cover burning leaf or brush piles unnecessary for prescribed burning's actual purposes.
- Section 2 rewrites the definition of 'prescribed burning' in O.C.G.A. § 12-6-147 to tie it explicitly to 'silviculture purposes' and lists examples like site preparation, hazard fuel reduction, and longleaf pine ecosystem maintenance.
- Section 2 adds a new definition of 'silviculture' covering the science and practice of managing forest establishment, growth, health, and productivity, including harvesting, planting, thinning, and burning.
- Section 3 revises O.C.G.A. § 12-6-148(a) to require a trained or experienced individual to be present during a prescribed burn until the fire is adequately confined.
- Section 3 confirms prescribed burning conducted under these rules is considered in the public interest, not a nuisance, and a property right of the landowner, if done under a valid permit.
- Section 4 repeals any conflicting laws.
From the bill
“Be considered in the public interest and shall not create a public or private nuisance”
Status timeline
- Effective Date 2026-07-01
- Act 429
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- Senate Passed/Adopted (Senate)
- Senate Third Read (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
Show full history (15 actions)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Leesa Hagan (R, HD-156)
- Charles Cannon (R, HD-172)
- Steven Meeks (R, HD-178)
- James Burchett (R, HD-176)
- Russ Goodman (R, SD-008)
Votes
- House voteFebruary 12, 2026
160 yea, 0 nay (5 not voting, 10 absent)
- Senate voteMarch 16, 2026
51 yea, 0 nay (2 not voting, 1 absent)
Topics
- prescribed burning
- forestry regulation
- land management
- wildfire prevention
- local ordinances