{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-16-28.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-16-28.1","heading":"Procedures to lawfully burn land - Civil and criminal","body":"liability.\n\nA. It is unlawful for any person either willfully or carelessly\n\nto burn, cause to be burned, to set fire to, or cause fire to be set\n\nto any forest, grass, croplands, rangeland, or other wild lands, by\n\nan owner of such property, except under the following circumstances:\n\n1. In protection areas, notification to burn shall be made by\n\nthe owner to the local office or local representative of the\n\nForestry Division at least four (4) hours in advance and verbal or\n\nwritten approval obtained. In addition to the notification\n\nrequirements of this paragraph, any owner conducting a limited\n\nliability burn in a protected area shall comply with the provisions\n\nof Section 16-28.2 of Title 2 of the Oklahoma Statutes; or\n\n2. Outside protection areas, in order for prescribed or\n\ncontrolled burning to be lawful, an owner shall take reasonable\n\nprecaution against the spreading of fire to other lands by providing\n\nadequate firelines, manpower, and fire fighting equipment for the\n\ncontrol of the fire, shall watch over the fire until it is\n\nextinguished and shall not permit fire to escape to adjoining land.\n\nB. Nothing in this section shall relieve the person from the\n\nobligation to confine the fire to the owner's, agent's, or tenant's\n\nland.\n\nC. The Oklahoma Forestry Code shall not apply to trimming or\n\ncutting of trees by public or private utilities for the purpose of\n\neliminating interference with utility lines, poles, or other utility\n\nequipment.\n\nD. 1. Except as otherwise provided by Section 16-28.2 of this\n\ntitle, any person:\n\na. who, whether by accident, neglect or intent, causes or\n\nallows damage or injury to occur to any ranch,\n\nbuildings, improvements, hay, grass, crops, fencings,\n\ntimber, marsh, or other property of another person by\n\nany fire described and conducted pursuant to this\n\nsection, shall be civilly responsible for such damage\n\nor injury so caused pursuant to Section 16-30 of Title\n\n2 of the Oklahoma Statutes, and\n\nb. who carelessly violates this section is guilty of a\n\nmisdemeanor punishable by a fine of not more than Five\n\nHundred Dollars ($500.00), by imprisonment for not\n\nmore than one (1) year, or both.\n\n2. In addition to civil liability, any person who willfully\n\nviolates this section is guilty of a Class D1 felony offense\n\npunishable by a fine of not more than One Thousand Dollars\n\n($1,000.00), by imprisonment as provided for in subsections B\n\nthrough F of Section 20N of Title 21 of the Oklahoma Statutes, or by\n\nboth.\n\nE. Fire set under the provisions of this section shall not be\n\nallowed to spread beyond the control of the person setting the fire\n\nand shall be subdued and extinguished.","path":["OK Code","Title 2"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os2.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5ce0afbc8c9e168da31f75e9933f382d068916a9e1636f1afd49809c7ea81da9","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-16-27","next":"us-ok/okla.-stat.-tit.-2-2-16-28.2"},"notice":"GroundRules: Original legal text. Not legal advice."}