South Carolina

S. C. Code Ann. §16-11-180. Enacted: 1940; Last updated: 1987.

Summary: Carelessly or negligently setting fire to or burning any grass, brush, leaves, or other combustible matter on any lands so as to cause or allow fire to spread to another’s property, or causing or aiding in the burning is a misdemeanor punishable by imprisonment for 5 to 30 days or a fine of $25 to $200.  For a second or subsequent offense, the punishment is imprisonment for 30 days to 1 year or a fine of $100 to $500 or both.

S. C. Code Ann. §46-1-50. Enacted: 1876; Last updated: 1962.

Summary:  It is unlawful to set fire to woods so near a turpentine farm as to injure or burn that farm.  A willful and malicious violation that causes harm is a misdemeanor punishable by hard labor in the penitentiary for 1 year or fine of $500.  Note: This statute is relatively obsolete as turpentine farms no longer exist.

S. C. Code Ann. §48-34-10. Enacted: 1994; Last updated: 1994.

Summary:  Prescribed fire is beneficial.  Proper training and public education are necessary.  It is the purpose of the law to promote the use of prescribed fire.

S. C. Code Ann. §48-34-20. Enacted: 1994; Last updated: 1994.

Summary:  Prescribed fire means a controlled fire applied to forest, brush, or grassland vegetative fuels under specified environmental conditions using precautions which cause the fire to be confined to a predetermined area and which allow accomplishment of objectives.  Certified prescribed fire managers complete a certification program.  A prescribed fire plan is a written prescription for starting and controlling a prescribed fire.

S. C. Code Ann. §48-34-30. Enacted: 1994; Last updated: 1994.

Summary:  The Forestry Commission regulates prescribed fire and certification of prescribed fire managers.

S. C. Code Ann. §48-34-40. Enacted: 1994; Last updated: 1994.

Summary:  To conduct prescribed fires, burners must have a prescribed fire plan that is on site and followed.  Authorization to burn is obtained from the Forestry Commission.  At least one prescribed fire manager must be present and supervise burning from ignition until the fire is declared safe.  Prescribed burning is a property right, and in the public interest, and is not considered a nuisance when air pollution statutes, smoke management guidelines and regulations are followed.

S. C. Code Ann. §48-34-50. Enacted: 1994; Last updated: 1994.

Summary:  No one conducting a prescribed fire according to law is liable for damage caused by fire or smoke unless negligence is proven.

S. C. Code Ann. §48-34-60. Enacted: 1994; Last updated: 1994.

Summary:  You may conduct a prescribed fire without a certified prescribed fire manager present.