HB983: HB983 Conservation and natural resources; prescribed burning for silviculture purposes is exempt from certain burning notice and permit requirements; clarify

26 LC 60 0230/AP House Bill 983 (AS PASSED HOUSE AND SENATE) By: Representatives Hagan of the 156 th, Cannon of the 172 nd, Meeks of the 178 th, 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 Cod e of Georgia Annotated,1 relating to forest resources, so as to clarify that prescribed burning for silviculture purposes2 is exempt from certain burning notice and permit requirements; to revise requirements for3 prescribed burning; to provide for definitions; to provide for related matters; to repeal4 conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 1 of Chapter 6 of Title 12 of the Official Code of Geor gia Annotated, relating to8 forest resources, is amended by revising subsection (d) of Code Section 12-6-90, relating to9 permit required for burning woods, lands, marshes, or other fla mmable vegetation and10 exceptions, as follows:11 "(d) In addition to the notice and permit requirements set forth in this Code section, any12 county or municipality of this state may, by law or by ordinance, resolution, or regulation,13 provide additional notice or permit requirements for burning; provided, however, that no14 such additional requirements shall restrict prescribed burning, as such term is defined in15 Code Section 12-6-147 The notice or permit required by this Code section shall be in16 H. B. 983 - 1 - 26 LC 60 0230/AP addition to any other notice or permit or other requirement for burning provided for by law17 or by ordinance, resolution, or regulation of any county or mun icipality of this state;18 provided, however, that no additional restrictions provided by local ordinance shall prohibit19 burning the understory for the health of the forest and wildlife or prohibit the landowner's20 ability to reduce fuel loads on the forest floor for the safety of the community; provided,21 further, that the foregoing exception shall not apply to the burning of leaf or brush piles not22 necessary to accomplish the purposes of prescribed burning."23 SECTION 2.24 Said article is further amended by revising Code Section 12-6-1 47, relating to definitions,25 as follows:26 "12-6-147.27 As used in this part, the term:28 (1) 'Commission' means the State Forestry Commission.29 (2) 'Prescribed burning' means the controlled application of f ire to existing vegetative30 fuels for silviculture purposes, which is confined to a predetermined area, is conducted31 under specified environmental conditions and following appropri ate precautionary32 measures, which causes the fire to be confined to a predetermined area and accomplishes33 one or more planned land management objectives or to mitigate mitigates catastrophic34 wildfires. Such term shall include, but shall not be limited to, burning for site preparation35 of land for timber cultivation, hazard fuel reduction, understory control, wildlife habitat36 improvement, natural regeneration, longleaf pine ecosystem main tenance, and timber37 stand improvement.38 (3) 'Silviculture' means the science and practice of managing the establishment, growth,39 composition, health, and quality of forests, including, but not limited to, harvesting,40 planting, thinning, and burning, to maintain or improve forest productivity, ecological41 health, wildlife habitat, and economic value."42 H. B. 983 - 2 - 26 LC 60 0230/AP SECTION 3.43 Said article is further amended by revising subsection (a) of Code Section 12-6-148, relating44 to requirements for prescribed burning and limitation on liability, as follows:45 "(a) Prescribed burning conducted under the requirements of this part shall:46 (1) Be accomplished only when an individual with previous pres cribed burning47 experience or training is in charge of the burn and is present on site until the fire is48 adequately confined to reasonably prevent escape of the fire from the area intended to be49 burned;50 (2) Be considered in the public interest and shall not create a public or private nuisance;51 (3) Be considered a property right of the landowner; and52 (4) Be conducted in accordance with a permit issued under any requirements set forth53 in Part 3 of this article."54 SECTION 4.55 All laws and parts of laws in conflict with this Act are repealed.56 H. B. 983 - 3 -