Kentucky

KRS §149.040. Enacted: 1974; Last updated: 1974.

Summary: No person shall injure any property under control of The Natural Resources and Environmental Protection Cabinet or interfere with its management of its property.

KRS §149.083. Enacted: 1966; Last updated: 1974.

Summary: No person shall interfere with any employee of the Natural Resources and Environmental Protection Cabinet in the discharge of his duties.

KRS §149.090. Enacted: 1974; Last updated: 1982.

Summary: A forest warden has the power to make arrests with a warrant or without a warrant if he observes the commission of a misdemeanor or felony or has reason to believe a felony has been committed.  Forest wardens may summon any residents over age 18 who are physically able to assist in extinguishing forest fires.  They may also require the use of horses, automobiles, tools and equipment needed to extinguish a fire.  Owners of the equipment shall receive compensation for its use.

KRS §149.093. Enacted: 1966; Last updated: 2000.

Summary: Forest wardens may issue citations in lieu of a physical arrest in the case of misdemeanors if there are reasonable grounds to believe person will appear to answer the charge.

KRS §149.170. Enacted: 1946; Last updated: 1974.

Summary: Forest wardens and employees of the Natural Resources and Environmental Protection Cabinet are immune from liability for trespass for acts done in the legal performance of their duties.

KRS §149.365. Enacted: 1964; Last updated: 1974.

Summary: This section defines “Timberland” and “Flammable material”.

KRS §149.370. Enacted: 1964; Last updated: 1998.

Summary: No person shall discard a lighted cigarette, match or other flaming substance near timberland where it is likely to ignite a fire.  During emergency periods of fire danger it is unlawful to smoke in timberland.  It is also unlawful to: 1) deface or remove signs posted to protect forests or wild lands, 2) set a backfire unless necessary to save life or property or under supervision of the Natural Resources and Environmental Protection Cabinet, 3) discharge incendiaries across timberland, or 4) set fire to flammable material near timberland without obtaining permission of the land owner and taking necessary precautions to prevent spread of fire.

KRS §149.375. Enacted: 1964; Last updated: 1998.

Summary: It is unlawful for a person  or his employees to set fire to flammable material on his own land near timberland unless all reasonable care is taken to prevent escape of the fire to lands of others by carefully clearing around the flammable material. All fires must be attended until extinguished.

KRS §149.380. Enacted: 1964; Last updated: 1966.

Summary: No person shall willfully, maliciously or wantonly: 1) set on fire timberland or flammable material on land of others, 2) allow fire to escape from his land and burn the land of another, or 3) set fire to timberland with a device or instrument. Penalty for violation is fine of $1000 to $10,000 or 5 years imprisonment or both. (See §149.991(2)).

KRS §149.400. Enacted: 1964; Last updated: 2003.

Summary: Periods from Feb.15 through Apr.30 and Oct.1 through Dec.15 of each year are considered fire hazard seasons. During these periods, it is unlawful for any person to set fire to any flammable material capable of spreading fire within 150 feet of any woodland or brushland except between 6 p.m. and 6 a.m. or when ground is covered with snow. Fires set to burn plant beds are excluded. It also does not apply to fires for construction, operation or maintenance of railroads, pipelines or power lines but such fires shall be attended at all times and extinguished before employees leave. It also does not apply to fires set by trained state employees on state lands for wildlife habitat improvement or fuel reduction but written notice must be given and permission obtained from the local Division of Forestry office at least 24 hours in advance.

KRS §149.401. Enacted: 1986; Last updated: 1986.

Summary: A city or county may ban open burning during periods of extraordinary fire hazard and may establish penalties for violation.

KRS §149.410. Enacted: 1964; Last updated: 1988.

Summary: The Commonwealth’s attorney or county attorney will prosecute abatement proceedings for violations but penalties may also be imposed.

KRS §149.415 and §149.420. Enacted: 1964; Last updated: 1964.

Summary: The Natural Resources and Environmental Protection Cabinet has the power to make rules and regulations, investigate the cause of forest fires and to prosecute persons violating the forest fire laws.  Any duly authorized cabinet employee or law enforcement officer or fire protection officer has the power to enter any premises to inspect and ascertain compliance.

KRS §149.430. Enacted: 1964; Last updated: 2002.

Summary: Persons who violate §149.360 to §149.430 shall be liable for all expenses of the state and county in suppressing the resulting fire and shall be liable for damages to any person suffering damage either for cost of suppression or resulting property damage.

KRS §149.990. Enacted: 1942; Last updated: 1982.

Summary: Penalty for violation of §149.040 is fine of at least $500 or 30 to 100 days in jail or both.  Penalty for violation of §149.083 is fine of $100 to $1000 or imprisonment for 90 days to 12 months or both fine and imprisonment.  Any physically able resident of Kentucky over age 18 who fails to assist in extinguishing forest fires when summoned by a warden or refuses to allow the use of required equipment or materials will be fined $50 to $500. 

KRS §149.991. Enacted: 1964; Last updated: 1982.

Summary: Persons who violate §149.360 to §149.430 except §149.380 shall be fined $100 to $500 or imprisoned for up to 6 months or both.  The penalty for violating §149.380 is a fine of $1000 to $10,000 or imprisonment for up to 5 years or both fine and imprisonment.

KRS §150.365. Enacted: 1946; Last updated: 1986.

Summary: It is unlawful to use smoke, gas or fire to molest or destroy the den, hole or nest of any wildlife or burn a field for the purpose of driving game.

KRS §150.990. Enacted: 1942; Last updated: 2002.

Summary: Each bird, fish or animal taken in violation is a separate offense.  Violators of §150.365 may forfeit their license and be fined $100 to $500 or imprisoned for up to 6 months or both.