(1) If a prescribed fire exceeds the control capability of on-site resources, the
fire is deemed to be escaped, and suppression actions shall be taken immediately to
bring the escape under control.
(2) The division shall conduct or cause to be conducted a formal review following
escape of a prescribed fire. The purpose of the review is to identify the factors that contributed to the escape,
including compliance with policy requirements, in an effort to reduce the occurrence
or prevent future escapes.
(3) Wildfires burning uncontrolled on forested, brush, or grassland areas that pose
a hazard to life and property constitute a public nuisance. Employees or agents of the division have the right to enter land to control, suppress,
or investigate wildfires without liability for trespass.
(4) In order to prevent high-intensity or catastrophic wildland fires, local, state,
or federal firefighters may enter lands and construct fire lines or fire breaks to
prevent further spread of wildfires, without liability for trespass.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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