{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-16-28.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-16-28.2","heading":"Prescribed burns","body":"A. 1. The provisions of this section apply to a prescribed\n\nburn.\n\n2. Any owner wishing to set fire to land in order to conduct a\n\nprescribed burn shall comply with the provisions of this section.\n\nB. 1. Within sixty (60) days prior to conducting a prescribed\n\nburn, the owner of the land to be burned shall orally or in writing\n\nnotify all landowners whose lands adjoin the owner's land to be\n\nburned.\n\n2. If any landowner is burning on a large, consolidated tract\n\nof land in which there are multiple adjacent owners, only those\n\nowners with adjoining land within one (1) mile of the proposed burn\n\narea must be notified.\n\n3. The owner shall include in the written notice or shall\n\norally notify the adjoining landowners of the proposed date and\n\nlocation of the burn and a telephone number where the owner can be\n\nreached for information regarding the prescribed burn.\n\nC. In addition to notification of adjoining property owners\n\npursuant to subsection B of this section, the owner of the land to\n\nbe burned shall complete the prescribed burn notification plan\n\nspecified in subsection D of this section and shall submit such plan\n\nto the rural fire department nearest the land to be burned. If the\n\nland to be burned is in a protection area, the owner shall also\n\nsubmit a copy of the notification plan to the local office or local\n\nrepresentative of the Forestry Division nearest to the land to be\n\nburned.\n\nD. Any person wishing to conduct a prescribed burn shall\n\ncomplete a Prescribed Burn Notification Plan form, prescribed by the\n\nOklahoma Department of Agriculture, Food, and Forestry.\n\nThe original copy of the form shall be filed with the rural fire\n\ndepartment nearest to the land to be burned. If conducting a\n\nprescribed burn within a protection area, a copy of the prescribed\n\nburn notification plan shall be filed with the local office or local\n\nrepresentative of the Forestry Division nearest to the land to be\n\nburned. A copy of the plan shall be retained by the owner of the\n\nland to be burned.\n\nE. 1. Whether the land is located within or outside a\n\nprotection area, the owner of the land to be burned shall, within\n\nforty-eight (48) hours of conducting a prescribed burn, notify the\n\nrural fire department receiving a copy of the prescribed burn\n\nnotification plan that the prescribed burn will be conducted.\n\n2. Within a protection area, the owner of the land to be burned\n\nshall also, within the time period required by Section 16-28.1 of\n\nthis title, notify the local office or local representative of the\n\nForestry Division receiving a copy of the prescribed burn\n\nnotification plan.\n\nF. A prescribed burn conducted pursuant to provisions of this\n\nsection shall:\n\n1. Be considered in the public interest and shall not\n\nconstitute a public or private nuisance; and\n\n2. Be considered a property right of the property owner if\n\nvegetative fuels are used.\n\nG. 1. Any owner conducting a prescribed burn who is found by a\n\ncourt of law to have caused damages or injury as a result of\n\naccident or by ordinary negligence shall only be civilly liable for\n\nactual damages resulting from the prescribed burn.\n\n2. Any owner conducting a prescribed burn who is found by a\n\ncourt of law to have committed gross negligence in conducting the\n\nprescribed burn may be found to be both civilly liable for the\n\namount of damage done by the fire, and criminally liable pursuant to\n\nparagraph 3 of this subsection.\n\n3. Any owner setting or causing to be set on fire land as\n\nauthorized by this section, and as a result of gross negligence\n\npermitting the fire to spread beyond the control of the owner or\n\nbeyond the bounds of the owner's land, shall be deemed guilty of a\n\nmisdemeanor, and upon conviction thereof, be fined a sum not more\n\nthan Five Hundred Dollars ($500.00), or imprisonment in the county\n\njail for a period not more than six (6) months.","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":"bcf296276af67021c6db73d2782ea2ced92b85877d3eef420febacce994e9062","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-16-28.1","next":"us-ok/okla.-stat.-tit.-2-2-16-28.3"},"notice":"GroundRules: Original legal text. Not legal advice."}