Oklahoma

2 Okl.St. § 16-2. Enacted: 1971; Last updated: 2001

Summary: Definitions are given.  Prescribed burning means the controlled application of fire to natural vegetative fuel by the owner of croplands, rangelands or forestlands under specified environmental conditions and following appropriate precautions which cause the fire to be confined to a predetermined area to accomplish objectives.  Prescribed burners must comply with §16-28.2.

2 Okl.St. § 16-21. Enacted: 1971; Last updated: 2001

Summary: The Forestry Services Division of the Department of Agriculture has responsibility to organize protection areas to prevent, detect and suppress wildfires.

2 Okl.St. § 16-22 through 16-24. Enacted: 1971; Last updated: 2001

Summary: Every road contractor, subcontractor and their employees shall keep all fires under control and confined to the right-of-way of roads where they are employed.  Rules for road crews may be adopted.  Members of road crews who without sufficient cause willfully refuse or neglect to prevent or suppress fires as required are guilty of a misdemeanor punishable by a fine of not more than $500 or by imprisonment for not more than 1 year or both.

2 Okl.St. § 16-25. Enacted: 1971; Last updated: 2001

Summary: It is unlawful to carelessly or willfully cause fire to be set to forest, grass, crops or woodlands of someone else without permission and persons who violate this are liable in a civil action for damages.  Careless violation is a misdemeanor punishable by fine of up to $500 or imprisonment for up to 1 year or both.  Willful violation is a felony punishable by fine of up to $1000 or imprisonment for up to 3 years or both.

2 Okl.St. § 16-26. Enacted: 1971; Last updated: 2001

Summary: The Governor may proclaim a drought emergency and fix the boundaries of the affected area.  It is unlawful to burn during declared drought emergency except necessary backfire.  Violation is a misdemeanor punishable by fine of up to $500 or imprisonment for up to 1 year or both.

2 Okl.St. § 16-27. Enacted: 1971; Last updated: 2001

Summary: It is unlawful to willfully, negligently or carelessly build a campfire and leave it unextinguished or allow it to spread.  Violation is a misdemeanor punishable by a fine of up to $500 or imprisonment for not more than 1 year or both.

2 Okl.St. § 16-28. Enacted: 1971; Last updated: 2002

Summary: It is unlawful to carelessly or willfully cause fire to be set to own forest, grass, crops, rangeland, woodlands, wild lands or marshes unless:  1) in protection areas, the burner must notify and obtain government approval 4 hours in advance; 2) outside protection areas, burners must take reasonable precaution against spread of fire by providing adequate firelines, manpower and firefighting equipment and watching over fire until it is extinguished and not permit fire to escape.  Nothing in this section relieves burner of obligation to confine fire.  If the burner whether by accident, neglect or intent, causes or allows damage or injury to property of another person by fire, he/she will be civilly responsible.  Anyone who carelessly violates this section is guilty of a misdemeanor punishable by a fine of not more than$ 500, by imprisonment for not more than 1 year, or both. A willful violation is a felony punishable by fine of up to $1000 or imprisonment for up to 3 years or both. 

2 Okl.St. § 16-28.2. Enacted: 1971; Last updated: 2003

Summary: Within sixty (60) days prior to conducting a prescribed burn, the owner shall notify all landowners whose lands adjoin the land to be burned.  Only adjoining owners within 1 mile of the proposed burn area must be notified.  A prescribed burn notification form is included in the statute.  A prescribed burn notification plan is provided to the nearest rural fire department and (in protection areas) to the Forestry Services Division.  A prescribed burn that complies with this statute is considered a property right if vegetative fuels are used, and is in the public interest and not a nuisance.  Prescribed burners who cause damages as a result of accident or by ordinary negligence are only civilly liable for actual damages.  Burners who commit gross negligence in conducting the prescribed burn may be both civilly liable for the damages and criminally guilty of a misdemeanor with a fine of up to $500 or imprisonment in county jail for up to 6 months.