2017 Mississippi Code
Title 49 - Conservation and Ecology
Chapter 19 - Forests and Forest Protection
Mississippi Prescribed Burning Act
§ 49-19-307. Regulation of prescribed burns; liability

Universal Citation: MS Code § 49-19-307 (2017)
  • (1) No property owner or his agent, conducting a prescribed burn pursuant to the requirements of this section, shall be liable for damage or injury caused by fire or resulting smoke unless negligence is proven.
  • (2) Prescribed burning conducted under the provisions of this section shall:
    • (a) Be accomplished only when at least one (1) certified prescribed burn manager is supervising the burn or burns that are being conducted;
    • (b) Require that a written prescription be prepared and notarized prior to prescribed burning;
    • (c) Require that a burning permit be obtained from the Mississippi Forestry Commission; and
    • (d) Be considered in the public interest and shall not constitute a public or private nuisance when conducted pursuant to state air pollution statutes and rules applicable to prescribed burning.
  • (3) The Mississippi Forestry Commission shall have the authority to promulgate rules for the certification of prescribed burn managers and guidelines for a prescribed burn prescription.
  • (4) Nothing in this section shall be construed to limit the civil or criminal liability as provided in Section 97-17-13 and Section 95-5-25, Mississippi Code of 1972.
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