Document


Title

Prescribed burning and the law
Document Type: Journal Article
Author(s): W. D. Eshee
Publication Year: 1993

Cataloging Information

Keyword(s):
  • burning permits
  • fire hazard reduction
  • fire management
  • fire suppression
  • forest management
  • land management
  • liability
  • Mississippi
  • natural resource legislation
  • pine forests
  • private lands
  • regeneration
  • site treatments
Region(s):
Record Maintained By:
Record Last Modified: June 1, 2018
FRAMES Record Number: 40932
Tall Timbers Record Number: 15747
TTRS Location Status: In-file
TTRS Call Number: Fire File
TTRS Abstract Status: Okay, Fair use, Reproduced by permission

This bibliographic record was either created or modified by the Tall Timbers Research Station and Land Conservancy and is provided without charge to promote research and education in Fire Ecology. The E.V. Komarek Fire Ecology Database is the intellectual property of the Tall Timbers Research Station and Land Conservancy.

Description

From the text...'The new Mississippi statute on prescribed burning activities is welcome by the forestry community. The act recognizes prescribed burning as an important property right and land management tool that greatly benefits society, the environment and the economy of the state. Significant biological diversity is preserved by prescribed burning. The standards for prescribed burners are elevated with the certification requirement. This provision should place all the prescribed burners in the state on approximately the same competency level. This certification, coupled with the written, notarized prescription, should foster a higher degree of professionalism. Most importantly, prescribed burners now know that so long as they conduct prescribed burns in conformity with the requirements of the law, they will not be held liable for damage of injury caused by fire or resulting smoke unless negligence is proven. The new law has clarified the liability issue and several other areas. It remains to be seen how the courts will treat independent contractors in relation to th respondeat superior doctrine; however, this new law brings with it the added responsibility of knowing what the law says and closely following it.'

Citation:
Eshee, W. D. 1993. Prescribed burning and the law. Forest Farmer, no. 5, p. 20-26.