The Legal Environment for Forestry Prescribed Burning in the South: Regulatory Programs and Voluntary Guidelines

Southem states vary widely in their approaches to regulation and liability protection for prescribed buming. Most state air quality laws exempt prescribed burning from many open burning rules; however, monetarypenaltiesare establishedfor the rules thatdo apply. Forestprotection lawsaddress escaped fire and requirepermits ornotijication in al1 but two states. So-called "certified burner " laws have beenpassed in six states to limit liability for experienced burners who attend training courses and adhere to applicable air quality and forest protection laws and regulations. South. J. Appl. For. 16(3):170-l 74. Prescribed burning is a valuable land management and protection tool and a well accepted professional forestry practice. Landowners use prescribed burning for site prepa- ration, vegetation control, tire hazard abatement, wildlife habitat improvement, and other benefits. In recent years, an average of 4.4 million ac/yr has been prescribed-burned across the South for silvicultura1 pur- poses, roughly 7% of the area in the pine forest type. Proponents cal1 for increased burning to enhance fire- dependent ecosystems and commercial forests and to pre- vent future wildfires (Mutch 1994). However, as a source of air pollutants, traffic hazards, and escaped wildfires, prescribed burning is being increasingly scrutinized and regulated. The Ameritan people as a whole derive benefits from burning, such as reduced frequency and severity of wild- fires and associated smoke emissions, control of forest insects and diseases, and enhancement of wildlife and endangered species habitat. The social costs of prescribed burning include human health hazards and highway acci- dents associated with smoke. Some of these costs are shifted back to the burner through: (1) regulations and permits, (2) liability claims for personal injury or property loss, (3) insurance costs, and (4) opportunity costs borne by landowners who restrict or abandon burning. This article will describe the legal environment for prescribed burning in the southern statesl and explore policy options to remove barriers to burning.