Article 3 - Private Burning of Lands Under Permit

California Public Resources Code — §§ 4491-4494

Sections (4)

Amended by Stats. 2017, Ch. 93, Sec. 2. (AB 1712) Effective January 1, 2018.

(a)Cooperation by the department, as provided in this article, with a person desiring to use prescribed burning as a means of converting brush-covered lands into forage lands or to help meet wildland management goals, which has as its objective

the prevention of high intensity wildland fires, watershed management, range improvement, vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, community wildfire protection, carbon resilience, enhancement of culturally important resources, and maintenance of air quality, or any combination thereof, is declared to be for a public purpose.

(b)This article shall be administered by the

director or, if responsibility therefor is delegated by the director, by the chief of a county fire department in a county contracting with the department pursuant to

Section 4129.

(c)In furtherance of this article, the department shall provide advisory service to applicants for permits as to precautions to be taken by the applicant to prevent damage to the property of others by reason of the prescribed burning, and shall provide standby fire protection, to the

extent the personnel, fire crews, and firefighting equipment are available.

§ 4492

Amended by Stats. 2017, Ch. 93, Sec. 3. (AB 1712) Effective January 1, 2018.

A person, firm, or corporation, or a group or combination of persons, firms, corporations, or groups, that owns or controls brush-covered

land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area may apply to the department for permission to utilize prescribed burning for those public purposes set forth in subdivision (a) of Section 4491. The application shall be on a form prescribed by the department and shall contain a description of the lands and other pertinent information that the department may require.

§ 4493

Amended by Stats. 2021, Ch. 375, Sec. 13. (AB 642) Effective January 1, 2022.

(a)Upon receipt of an application, the department shall inspect the land in company with the applicant to determine whether a permit shall be granted, shall prescribe the manner in which the site for the prescribed burning shall be prepared, and shall require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. The precautions shall, if deemed necessary, include the advance preparation of firebreaks and the firefighting equipment and personnel desirable to conduct the prescribed burning.

(b)In issuing the permit, the department shall consider the availability of nondepartmental contingency resources when determining whether to require department contingency resources as

part of the required precautions.

(c)The department shall, to the extent feasible, employ burn suspensions at the unit level, and not at the state or regional level, to not unreasonably restrict prescribed burning operations that are within prescription.

§ 4494

Amended by Stats. 2021, Ch. 375, Sec. 14. (AB 642) Effective January 1, 2022.

(a)Upon the conclusion of the examination provided for in Section 4493, the department may issue to the applicant a burning permit that shall specify the site preparation requirements and required precautions to be exercised before and during the burning. The issuance of a permit by the department does not relieve the permitholder from the duty of exercising due diligence to avoid damage to property of others in conducting the burning of vegetation as authorized by the permit.

(b)Compliance with a permit issued pursuant to this article shall constitute prima facie evidence of due diligence.

(c)The department shall develop and deploy an automated system for burn permits issued pursuant to this

article.