Archives > 1976 South Carolina Code of Laws - Previous Versions > 2005 Session > Title 48

This statutory database is current through the 2005 Regular Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2006 General Assembly, which will convene in January 2006, will be incorporated as soon as possible. Some changes enacted by the 2006 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, or changes which may have been enacted since the 2005 Regular Session or which took effect after this database was prepared and users rely on the data entirely at their own risk.

Title 48 - Environmental Protection and Conservation

CHAPTER 34.

SOUTH CAROLINA PRESCRIBED FIRE ACT

SECTION 48-34-10. Short title.

This chapter is known as the "South Carolina Prescribed Fire Act".

SECTION 48-34-20. Definitions.

As used in this chapter:

(1) "Prescribed fire" means a controlled fire applied to forest, brush, or grassland vegetative fuels under specified environmental conditions and precautions which cause the fire to be confined to a predetermined area and allow accomplishment of the planned land management objectives. It also is known as "controlled burn".

(2) "Certified prescribed fire manager" means an individual who successfully completes a certification program approved by the State Commission of Forestry.

(3) "Prescribed fire plan" means a written prescription for starting and controlling a prescribed fire.

SECTION 48-34-30. Authority to promulgate regulations.

The State Commission of Forestry shall promulgate regulations for the use of prescribed fire and for the certification of prescribed fire managers.

SECTION 48-34-40. Requirements for conducting prescribed fire.

Prescribed fires conducted pursuant to this chapter:

(1) must have a prescribed fire plan prepared before authorization to burn is given by the State Commission of Forestry, and the plan must be on site and followed during the burn;

(2) must have at least one certified prescribed fire manager present and supervising the burn from ignition until it is declared safe according to certification guidelines;

(3) are considered in the public interest and do not constitute a public or private nuisance when conducted pursuant to state air pollution statutes, smoke management guidelines, and regulations applicable to the use of prescribed fire;

(4) are considered a property right of the property owner.

SECTION 48-34-50. Liability for damages, injury, or loss caused by prescribed fire.

No property owner or lessee or his agent or employee conducting a prescribed fire pursuant to this chapter is liable for damage, injury, or loss caused by fire, resulting smoke, or other consequences of the prescribed fire unless negligence is proven.

SECTION 48-34-60. Conducting prescribed fire without certified prescribed manager present.

Notwithstanding the requirements of this chapter, a person may conduct a prescribed fire without a certified prescribed fire manager present.