Alabama

Code of Ala. §9-13-7. Enacted: NA Last Updated:  NA.

Summary: Forest wardens may enter lands and construct fire lines, fire lanes or fire breaks or set backfires or perform other acts necessary to prevent further spread of fire without liability.  See also §9-13-10.

Code of Ala. §9-13-11. Enacted: 1980; Last Updated: 1998.

Summary: Class B misdemeanor for1) allowing a fire to escape from land owned, leased or controlled where property is injured/destroyed or 2) burning brush, stumps, logs, rubbish, fallen timber, grass, stubble or debris of any sort without taking reasonably necessary precautions before burning and at all times thereafter to prevent fire’s escape or 3)  setting fire within or near forest land unless area surrounding material to be burned is cleared of all inflammable material for a reasonably safe distance or 4) leaving a fire near a forest or grassland before it is totally extinguished or 5) defacing, destroying or removing fire warning signs or 6) burning fields, grasslands or woodlands within protected area without permit. The State Forester may proclaim areas as protected areas.

Requirements for burning permits: must have adequate tools, equipment and manpower to control the fire during the entire burning period. Fire must never be unattended until it is dead out. Permit holder is responsible for keeping the fire confined.  If the fire escapes and the permit holder did not meet all requirements, the fire will be treated as unauthorized.  Burning permits may be revoked if permitee fails to comply with proper burning procedures or if weather conditions may result in erratic fire or smoke behavior. 

Code of Ala. §9-13-12. Enacted: 1980; Last Updated: 1998.

Summary: Fires burning uncontrolled on forested, cutover, brushland or grassland are a public nuisance due to its menace to life and property.  Anyone responsible for the existence of the fire must make a reasonable effort to control it as soon as he knows of it.  If responsible party fails to act, he may be liable for suppression costs.

Code of Ala. §9-13-13. Enacted: NA; Last Updated NA.

Summary:  Setting fire to woods, logs, brush, weeds, grass or clearing land without giving adjacent landowners five days’ written notice in advance is a misdemeanor unless burner takes all possible care and precaution against the spread of the fire.

Code of Ala. §9-13-141. Enacted: 1998; Last Updated: 1998.

Summary: During a declared drought emergency, it is unlawful to set fire to forest, grass, woods, wildlands or marshes or to build a campfire or burn trash or other material that may cause such a fire except backfires to save life or property. Persons setting backfire have burden of proving necessity.

Alabama Prescribed Burning Act (§9-13-270 through §9-13-274)

Code of Ala. §9-13-271. Enacted: 1995; Last updated: 1995.

Summary: Prescribed burning is a property right and has many benefits that are listed.  Proper training is important.  The purpose of this act is to promote the use of prescribed burning.

Code of Ala. §9-13-272. Enacted: 1995; Last Updated: 1995.

Summary: Certified prescribed burn managers complete a certification program approved by the Alabama Forestry Commission.  Prescribed burning is the controlled application of fire to naturally occurring vegetative fuels for ecological, silvicultural, agricultural and wildlife management purposes under specified conditions and with precautions which cause the fire to be confined to a predetermined area.  A prescription is a written plan for starting and controlling a prescribed burn to accomplish the objectives.

Code of Ala. §9-13-273. Enacted: 1995; Last Updated: 1995.

Summary: When prescribed burning is in compliance with the law, there is no liability for damages caused by fire or smoke unless the burner failed to act within the degree of care required. Prescribed burning is in the public interest if a certified burn manager supervises the burn, a written prescription is prepared, burning permits are obtained and the burner complies with laws and regulations.

Code of Ala. §9-13-274. Enacted: 1995; Last Updated: 1995.

Summary: Burning may be conducted without a certified burn manager when in compliance with applicable laws and rules.

Code of Ala. §13A-10-6. Enacted: 1977; Last Updated: 1977.

Summary: Refusing to assist in fire control upon request of a fireman or peace officer or disobeying reasonable orders or regulations is a misdemeanor.