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Tennessee

Authored By: M. Tilley, J. Yoder, S. Komar

Tenn. Code Ann. §8-1-108. Enacted: 1963; Last Updated: 1989.

Summary: During extreme drought period, the governor may forbid any open air and unconfined fire on or near woodlands.  Igniting an open air or unconfined fire in violation of such a proclamation is a Class A misdemeanor.

Tenn. Code Ann. §39-14-304. Enacted: 1989; Last updated: 1991.

Summary: Reckless burning is recklessly starting a fire on the land, building, structure or personal property of another or starting a fire on own land, etc. and recklessly allowing the fire to escape and burn the property of another. It is a Class A misdemeanor.

Tenn. Code Ann. §39-14-305. Enacted: 1989; Last updated: 1989.

Summary: It is unlawful for any person who starts an open fire to leave it unattended without totally extinguishing the same within 150 feet of forest or woodlands, or other inflammable material if spread of the fire would naturally result. This violation is a Class B misdemeanor.

Tenn. Code Ann. §39-14-306. Enacted: 1989; Last updated: 1999.

Summary: It is unlawful to start an open-air fire from October 15 through May 15 within 500 feet of any forest, grasslands or woodlands without obtaining permit from state forester.  State forester may prescribe a different period for permits depending upon hazard potential.  These permits are not required for fires set within incorporated town or city that has its own fire ordinances.  Violation is a Class C misdemeanor.

Tenn. Code Ann. §68-102-145. Enacted: 1939; Last updated: 1989.

Summary: Sheriffs and highway patrol officers have a duty to use all effective methods in their power to prevent the spread of forest fires.  When fires occur, they have a duty to summon a sufficient number of male citizens of the county between 18 and 30 years of age, to control the fire.  Individuals who refuse to respond to a summons to suppress a fire commit a Class C misdemeanor.

Tenn. Code Ann. §68-102-146. Enacted: 1858; Last updated: 1989.

Summary: A person who wishes to conduct a controlled burn must give adjoining land owners two days notice, and must take effectual care to extinguish the fire before it escapes beyond his own land. Violation is a Class B misdemeanor.

Encyclopedia ID: p556



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