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Official Code of Georgia Annotated

Title 12. CONSERVATION AND NATURAL RESOURCES · Chapter 6. FOREST RESOURCES AND OTHER PLANT LIFE · Article 1. FOREST RESOURCES · Part 6. PRESCRIBED BURNING

12-6-148. Requirements for prescribed burning; limitation on liability.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Prescribed burning conducted under the requirements of this part shall:#

    1. (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. (2)

      Be considered in the public interest and shall not create a public or private nuisance;#

    3. (3)

      Be considered a property right of the landowner; and#

    4. (4)

      Be conducted in accordance with a permit issued under Part 3 of this article.#

  2. (b)

    No property owner or owner’s agent conducting an authorized prescribed burn under this part shall be liable for damages or injury caused by fire or resulting smoke unless it is proven that there was gross negligence in starting, controlling, or completing the burn.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 12-6-148, enacted by Ga. L. 1992, p. 2405, § 1; Ga. L. 2000, p. 1285, § 6.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t12-(v10)-2021-pdf.pdf, Volume V10, 2021 edition, page 743; merge action: carried; file SHA-256 a1ca11f804f2.