Arkansas

A.C.A. §5-38-302. Enacted 1975; Last updated: 1975.

Summary: Reckless burning includes purposely starting a fire or causing an explosion that recklessly creates a substantial risk of death or serious physical injury or destroys or causes substantial damage to an occupiable structure or public facility.  Reckless burning is a felony.

A.C.A. §5-38-303. Enacted 1975; Last updated: 1975.

Summary: Failure to act reasonably to control or report a dangerous fire, knowing that it is unattended and endangering life, safety or substantial property is a misdemeanor.

A.C.A. §5-38-310.  Enacted 1935; Last updated: 1993.

Summary: It is a misdemeanor to 1) cause any forest, brush or inflammable vegetation on another owner’s land to be set on fire or 2) to allow fire to escape and spread to another’s land or 3) to burn brush, stumps, fallen timber, grass stubble or other debris without taking necessary precautions to prevent escape of fire.  If a fire escapes to adjoining timber, brush or grasslands, it is prima facie evidence that necessary precautions were not taken.  Other misdemeanors include building a camp fire on another’s land without clearing the area around it first, leaving a camp fire to spread, discarding a lighted match, cigarette, etc. or otherwise starting a forest fire and leaving it unextinguished, and defacing fire warning notices.  Officials who fail to pursue known violators can themselves be charged with a misdemeanor.

A.C.A. §8-6-1701 through §8-6-1704. Enacted 1997; Last updated: 1999.

Summary: The open burning of yard wastes is discouraged but no citation or fine will be issued unless the burning constitutes a persistent or recurring offense, or a fire or safety hazard.  This section does not prevent abatement of fire hazards or regulation of air quality nor does it impair common law private rights of action.

A.C.A. §15-31-106. Enacted 1931; Last updated: 1999.

Summary: The Arkansas Forestry Commission is responsible for regulating forests and assisting private landowners in managing their timber.

A.C.A. §18-60-103. Enacted: 1875; Last updated: 1947.

Summary: If a person sets fire to grass or other combustibles within his enclosures and causes damages to another, single damages are awarded.  If the burner notifies the owner of the adjoining farms in advance, and uses all due caution to prevent the spread of fire, then he/she is not considered liable. Liability is not limited to neighbors.

A.C.A. §20-22-301. Enacted: 1935; Last updated: 2001.

Summary: The Arkansas Forestry Commission is responsible for enforcing fire laws.  Fire crews are allowed to enter any lands to construct fire lines, set backfires, and obtain water if necessary to stop a fire without liability.  Upon request of the landowner, water will be replaced later.

A.C.A. §20-22-302.  Enacted: 1961; Last updated: 1999.

Summary:  Burns of forest vegetation or debris from land clearing weighing at least one ton require notification of the Arkansas Forestry Commission. including time and location of proposed burn. (Law is not applicable to open burning of yard wastes.) Landowner or agent must be present at the time of burning. The Commission may assist landowner in burning or provide advice.

A.C.A. §20-22-303.  Enacted: 1935; Last updated: 1981.

Summary: Fires burning uncontrolled on forested, cut-over, brushlands or grasslands are public nuisances.  The burner is required to control or extinguish it immediately and if he fails to do so, he will be liable for all reasonable costs of suppressing the fire.

A.C.A. §20-22-304.  Enacted: 1935; Last updated: 1947.

Summary: Anyone starting fires that cause damage to another person must pay double damages.  Case law has indicated that this statute did not impose absolute liability for damage caused by accidental fire where the owner was free of negligence. (See Lamb v. Hibbard, 228 Ark. 270, 306 S.W. 2d 859 (1957)).

A.C.A. §20-22-306.  Enacted: 1935; Last updated: 1947.

Summary: Conviction of violation of §5-38-310 or §5-38-311 is prima facie evidence of civil liability under §20-22-304.