Mississippi

Miss. Code Ann. §49-5-45. Enacted: 1932; Last updated: 1942.

Summary: It is the duty of all district attorneys and county prosecuting attorneys in the state to prosecute and defend, for the state, in all courts in their district or county, all civil or criminal cases arising under fish, game and bird regulations.

Miss. Code Ann. §49-7-75. Enacted: 1932; Last updated: 1942.

Summary: It is unlawful during game bird nesting season to set fire to woods or fields other than one’s own premises for purpose of driving wild animals or birds out of fields or forests.

Miss. Code Ann. §49-19-25. Enacted: 1940; Last updated: 1970.

Summary: Any person who negligently or willfully starts a fire on another’s property, and can’t or doesn’t control it himself, is then liable for the cost of extinguishing or controlling the fire with all costs and attorney fees.  An uncontrolled fire on forested, cutover, brush lands or grasslands is a public nuisance.

Sections §49-19-301  through §49-19-307 is known as the  “Mississippi Prescribed Burning Act”. 

Miss. Code Ann. §49-19-303  Enacted: 1992; Last updated: 1992.

Summary: Prescribed burning is a property right and beneficial. Use of prescribed burning of public land is essential. Proper training is necessary.  The purpose of the act is to authorize and promote prescribed burning.

Miss. Code Ann. §49-19-305. Enacted: 1992; Last updated: 1992.

Summary: Prescribed burning means the controlled application of fire to natural vegetation for ecological, silvicultural and wildlife management purposes following appropriate precautions which cause the fire to be confined to a predetermined area.  A certified prescribed burn manager must successfully complete a certification program approved by the Mississippi Forestry Commission.  A prescription is a written plan for starting and controlling a prescribed burn to accomplish objectives.

Miss. Code Ann. §49-19-307. Enacted: 1992; Last updated: 1992.

Summary: Prescribed burning is in the public interest and not a nuisance if state air pollution statutes and rules are followed.  No owner conducting a prescribed burn pursuant to statutory requirements is liable for damages caused by fire or smoke unless proven negligent. Burning must be done: 1) in the presence of a certified burn manager, 2) with written prescription and 3) with a burning permit from the Mississippi Forestry Commission. Prescribed burning doesn’t limit the civil or criminal liability as provided in Section 97-17-13 and section 95-5-25, Mississippi code of 1972.

Miss. Code Ann. §95-5-25. Enacted: 1848; Last updated: 1942.

Summary: Anyone who sets on fire lands of another or wantonly, negligently or carelessly allows a fire to escape his property will be liable for damages, including buildings, fences, trees, timber, grass and damage to the range and has to pay an extra $150 to the owner.

Miss. Code Ann. §97-17-13. Enacted: 1848; Last updated: 1960.

Summary: Willfully, maliciously and feloniously setting fire to someone else’s woods, meadow, marsh, field or prairie is a felony punishable by 1 to 2 years in the state penitentiary or a fine of $200 to $1000 or both.  If the fire is spread by recklessness or gross negligence, it is a misdemeanor punishable by a fine of $20 to $500 or imprisonment in county jail for up to 3 months or both.

Miss. Code Ann. §97-17-14. Enacted: 1986; Last updated: 2001.

Summary: If a firefighter, law enforcement officer or emergency medical personnel suffers serious bodily injury because of a fire willfully, maliciously and feloniously set, whether injury is intentional or unintentional, the person who set the fire is guilty of aggravated assault and can be fined up to $1000 or imprisoned in the state penitentiary for up to 10 years or both.