{"data":{"id":"us-ut/utah-code-65a-3-4","jurisdiction":"us-ut","citation":"Utah Code § 65A-3-4","heading":"Liability for causing wildland fires.","body":"(1) As used in this section:\n(a) \"Electric cooperative\" means the same as that term is defined in Section 54-24-102.\n(b) \"Electrical transmission wildland fire protection plan\" means a wildland fire protection plan, as defined in Section 54-24-102, that is:\n(i) prepared and submitted by a qualified utility and approved as provided in Section 54-24-201; or\n(ii) prepared and submitted by an electric cooperative and approved as provided in Section 54-24-203.\n(c) \"Qualified utility\" means the same as that term is defined in Section 54-17-801.\n(2)\n(a) Except as provided in Subsection (3), a person who negligently, recklessly, or intentionally causes or spreads a wildland fire shall be liable for the cost of suppressing that wildland fire, regardless of whether the fire begins on:\n(i) private land;\n(ii) land owned by the state;\n(iii) federal land; or\n(iv) tribal land.\n(b) The conduct described in Subsection (2)(a) includes any negligent, reckless, or intentional conduct, and is not limited to conduct described in Section 65A-3-2.\n(3) In an action under this section to recover for property damage resulting from a wildland fire or to recover the cost of fire suppression resulting from a wildland fire, a qualified utility or electric cooperative may not be considered to have negligently caused a wildland fire if:\n(a)\n(i) the electrical transmission wildland fire protection plan of the qualified utility or electric cooperative identifies and addresses the cause of the wildland fire for fire mitigation purposes; and\n(ii) at the origin of the wildland fire, the qualified utility or electric cooperative has completed the fire mitigation work identified in the electrical transmission wildland fire protection plan, including:\n(A) inspection, maintenance, and repair activities;\n(B) modifications or upgrades to facilities or construction of new facilities;\n(C) vegetation management work; and\n(D) preventative programs; or\n(b)\n(i) the qualified utility or electric cooperative is denied or delayed access to a right-of-way on land owned by the state, a federal agency, or a tribal government after the qualified utility or electric cooperative requests access to the right-of-way to perform vegetation management or fire mitigation work in accordance with an electrical transmission wildland fire protection plan; and\n(ii) the electrical transmission wildland fire protection plan identifies and addresses the cause of the wildland fire for fire mitigation purposes.\n(4) A person who incurs costs to suppress a wildland fire may bring an action under this section to recover those costs.\n(5)\n(a) A property owner who suffers damages resulting from a wildland fire may bring an action under this section to recover those damages.\n(b) An award for damages to real property resulting from a wildland fire, including the loss of vegetation, shall be the lesser of:\n(i) the cost to restore the real property to its pre-wildland fire condition; or\n(ii) the difference between:\n(A) the fair market value of the real property before the wildland fire; and\n(B) the fair market value of the real property after the wildland fire.\n(6) A person who suffers damage from a wildland fire may pursue all other legal remedies in addition to seeking damages under Subsection (4) or (5).","path":["Title 65A Forestry, Fire, and State Lands","Chapter 65A-3 Illegal Activities on State Lands and Wildland Fire Liability"],"source_url":"https://le.utah.gov/xcode/Title65A/Chapter3/65A-3-S4.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"ff00a8a1a71ec9ae97f89622981ce443ac800d95b1ba848aff4df008e42f30ad","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-65a-3-3","next":"us-ut/utah-code-65a-4-1"},"notice":"GroundRules: Original legal text. Not legal advice."}