---
title: O.C.G.A. § 12-6-148. Requirements for prescribed burning; limitation on liability.
collection: code
id: 12-6-148
cite_as: O.C.G.A. § 12-6-148 (2025)
canonical_url: https://georgiacommons.org/code/12-6-148
md_url: https://georgiacommons.org/code/12-6-148.md
text_url: https://georgiacommons.org/code/12-6-148/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t12-(v10)-2021-pdf.pdf?sfvrsn=67595359_0#page=743
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/12-6.md
previous: https://georgiacommons.org/code/12-6-147.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CONSERVATION AND NATURAL RESOURCES / FOREST RESOURCES AND OTHER PLANT LIFE / FOREST RESOURCES / PRESCRIBED BURNING
---

# O.C.G.A. § 12-6-148. Requirements for prescribed burning; limitation on liability.

(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 Part 3 of this article.

(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.

## History

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