Georgia

OCGA §12-6-21. Enacted: 1937; Last updated: 1955.

Summary: Uncontrolled fire on forested lands, cutover brushland or grasslands is a public nuisance. If the person responsible for the fire refuses or neglects to control it, they can be charged for the costs of suppressing the fire.

OCGA §12-6-84. Enacted: 1949; Last updated: 1955.

Summary: Employees or agents of the Georgia State Forestry Commission have the right to enter land to prevent, control, suppress or investigate forest fires without liability for trespass.

OCGA §12-6-90. Enacted: 1956; Last updated: 2001.

Summary: Open burning is not allowed without a permit from a forest ranger, unless it is deemed an emergency. The person starting the fire must prove there was an emergency.  Permits are not required to burn improved pastures, residues on cultivated crop land or leaf piles provided the county forest ranger is notified. Burning without a required permit or notice is a misdemeanor.

OCGA §12-6-91. Enacted: 1949; Last updated: 1988.

Summary: Unless prohibited by the State Forestry Commission, owners may control burn on their own land after obtaining a permit under 12-6-90 provided the fire is not allowed to spread to other owners’ lands.

OCGA §12-6-146. Enacted: 1981; Last updated: 2000.

Summary: Prescribed burning is beneficial and should be encouraged.

OCGA §12-6-147.  Enacted: 1981; Last updated: 2000

Summary: Prescribed burning means controlled application of fire following appropriate precautionary measures so that fire is confined to a predetermined area and accomplishes objectives.

OCGA §12-6-148. Enacted: 1981; Last updated: 2000.

Summary: Prescribed burning is in public interest and not a nuisance and is a property right if conducted as required. Burners conducting authorized prescribed burns are not liable for damages caused by fire or smoke unless gross negligence in starting, controlling or completing the burn has been proven. Experienced or trained burner must be present on site until fire is adequately confined to reasonably prevent escape. Burners must comply with permit conditions.

OCGA §12-6-149. Enacted: 1981; Last updated: 2000.

Summary:  This section authorizes development of a certified prescribed fire manager program, record-keeping requirements and a public information campaign to show benefits of prescribed burning.

OCGA §16-7-28. Enacted: 1833; Last updated: 1971.

Summary: It is unlawful for someone to burn lands of another without permission and to burn any brush, field or forest land, whether or not owned by the burner, without taking the necessary precautions to prevent escape of the fire. Discarding lighted cigarettes or other flaming or smoldering debris and damaging fire detection or suppression devices are also prohibited. Violation is a misdemeanor. Escape of fire is prima-facie evidence that necessary precautions were not taken