N.Y. Environmental Conservation Law § 9-1105: General prohibitions

§ 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

elements:

(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

burn.

(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.