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This entry was published on 2014-09-22
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SECTION 9-1105
General prohibitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 9, TITLE 11
§ 9-1105. General prohibitions.

1. The following are prohibited:

(a) setting of fires on or near forest land and leaving such fires
unattended and unquenched;

(b) setting of a fire which will endanger the property of another;

(c) setting of forest land on fire except where necessary to implement
any provision of this chapter, including, but not limited to, paragraph
v of subdivision two of section 3-0301 of this chapter; provided,
however, that nothing contained in this paragraph shall permit the
setting on fire of any land constituting the forest preserve or of any
state land within the Adirondack Park or the Catskill Park for any
purpose other than fire suppression. The department shall promulgate
regulations governing the use of fire which shall include provisions for
notification of, or waiver of notification by, local fire officials;

(d) setting of a permitted fire in or near forest land without all
inflammable material having first been removed for a distance of 3 feet
around the fire;

(e) the dropping, throwing or otherwise scattering of lighted matches,
burning cigars, cigarettes or tobacco on forest land;

(f) the defacing, destruction or removal of any posted notice
containing forest fire warnings, laws or rules and regulations.

2. It shall be unlawful to deposit, and leave in any of the fire
towns, or in any town included in a fire district as defined in
subdivision 2 of section 9-1109 of this title, brush or inflammable
material upon the right of way of highways.

3. No device for generating power which burns wood, coke, lignite or
coal shall be operated in, through or near forest land, unless the
escape of sparks, cinders or coals shall be prevented in such manner as
may be required by the department.

4. In any of the fire towns, or in any town included in a fire
district as defined in subdivision 2 of section 9-1109, brush, logs,
slash or other inflammable material shall not be left or allowed to
remain on land within 25 feet of the right of way of a railroad or
within 20 feet of the right of way of a public highway.

5. It shall be unlawful to set or cause to be set or sustain any open
fire for purpose of burning logs, leaves, sawdust, slabs, brush, stumps,
dry grass or other debris, in any of the fire towns, without first
having obtained from the department a written permit so to do.

6. Prescribed burns. (a) For the purposes of this subdivision, the
term "prescribed burn" shall mean the intentional setting of forest land
on fire, under carefully controlled conditions, in order to manage,
enhance, or restore populations of plants or animal species or natural
communities on such land.

(b) Notwithstanding the provisions of this section or any other
provision of law, the department may authorize a landowner to conduct
prescribed burn activities pursuant to a written prescribed burn
management plan prepared by or for such landowner. The prescribed burn
management plan shall include, but not be limited to, the following

(i) a discussion of the landowner's training and expertise in
conducting prescribed burn activities;

(ii) a map and narrative description identifying the area or areas on
which prescribed burn activities will be undertaken;

(iii) a description of the ecological purposes and objectives of the
prescribed burn, including an identification of the specific species or
natural communities that are intended to be impacted by the burn;

(iv) a description of the vegetative cover and fuel loads on each area
to be subjected to prescribed burning;

(v) a description of physical parameters, such as time of year, wind
speed and direction, and air temperature and humidity, which must be met
before a prescribed burn is initiated;

(vi) a description of the anticipated intensity and duration of the
prescribed burn given the fuel loads and physical prescriptions
established in subparagraphs (iv) and (v) of this paragraph;

(vii) a description of the logistics of the prescribed burn operation,
number of personnel, and fire management equipment that will be deployed
to assure that the burn is restricted to the area or areas identified
for prescribed burn management;

(viii) a description of fire suppression activities to be immediately
implemented should the prescribed burn threaten to escape, or actually
escape, beyond the boundaries identified for such burn;

(ix) a procedure for notifying appropriate local fire officials and
law enforcement personnel of the actual date, time, and estimated
duration of any prescribed burn;

(x) a procedure for notifying adjacent landowners prior to the
undertaking of a prescribed burn;

(xi) a description of the procedures that will be undertaken to assure
that the prescribed burn is fully extinguished at the conclusion of the

(c) The department shall promulgate regulations implementing this
subdivision prior to authorizing any landowner to undertake prescribed
burn activities. Such regulations shall include, but not be limited to,
a listing of the necessary elements of the prescribed burn management
plan, and standards for determining whether a request for authorization
to conduct prescribed burn activities should be granted.

(d) The department shall reject any application for authorization to
conduct a prescribed burn pursuant to this subdivision if the department
determines that the landowner has not demonstrated the necessary
expertise to properly implement the prescribed burn plan.

(e) Before granting a landowner authorization to conduct prescribed
burn activities, the department shall give the chief or other official
in charge of the fire department or company within whose territorial
jurisdiction the proposed prescribed burn is located an opportunity to
review and comment on the written prescribed burn management plan.

(f) No burning shall be prescribed under this subdivision within
seventy-five feet of the boundary of a landowner's property without the
written approval of the adjacent landowner. In addition, the department
may prohibit burning in a buffer zone in excess of seventy-five feet
from the boundary of an adjacent property owner if specific conditions
at the site warrant such buffer.