La. Rev. Stat. § 3:17.1
This is the official text of La. Rev. Stat. § 3:17.1, part of Louisiana’s Rev. Stat — part of the compiled statutory law of Louisiana, published by the state as "Rev. Stat." Browse the sections below, each linked to its official government source.
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Prescribed burning by noncertified prescribed burn managers
Official statutory text
A. The provisions of this Section shall only be applicable to any prescribed burning that is not conducted in accordance with the provisions of R.S. 3:17. As used in this Section, "noncertified prescribed burn manager" means an individual who has not successfully completed the certification program of the Louisiana State University Agricultural Center or other approved program and is not certified by the Department of Agriculture and Forestry.
B. A noncertified prescribed burn manager, prior to conducting a prescribed burn, shall provide the office of forestry with the location, date, and time of the prescribed burn. The office of forestry shall review the information, and the noncertified prescribed burn manager shall agree to follow the relevant smoke management guidelines as approved by the department in order for the notification to be accepted.
C. The commissioner of agriculture and forestry is authorized to promulgate rules and regulations in accordance with the Administrative Procedure Act to carry out the intent and purposes of this Section.
D. Prescribed burning conducted in accordance with the provisions of this Section shall not entitle the noncertified prescribed burn manager with a rebuttable presumption of nonnegligence.
E. The provisions of this Section shall not apply to the burning of leaf piles, yard debris, or hand-piled natural vegetation.
F. Any person who violates this Section or any rule or regulation adopted pursuant to this Section may be subject to a civil penalty not to exceed two hundred fifty dollars for a first offense and a civil penalty not to exceed five hundred dollars for a second or subsequent offense. Civil penalties may only be assessed by a ruling of the commissioner based upon an adjudicatory hearing held in accordance with the Administrative Procedure Act.
Acts 2024, No. 288, §1, eff. May 28, 2024.
B. A noncertified prescribed burn manager, prior to conducting a prescribed burn, shall provide the office of forestry with the location, date, and time of the prescribed burn. The office of forestry shall review the information, and the noncertified prescribed burn manager shall agree to follow the relevant smoke management guidelines as approved by the department in order for the notification to be accepted.
C. The commissioner of agriculture and forestry is authorized to promulgate rules and regulations in accordance with the Administrative Procedure Act to carry out the intent and purposes of this Section.
D. Prescribed burning conducted in accordance with the provisions of this Section shall not entitle the noncertified prescribed burn manager with a rebuttable presumption of nonnegligence.
E. The provisions of this Section shall not apply to the burning of leaf piles, yard debris, or hand-piled natural vegetation.
F. Any person who violates this Section or any rule or regulation adopted pursuant to this Section may be subject to a civil penalty not to exceed two hundred fifty dollars for a first offense and a civil penalty not to exceed five hundred dollars for a second or subsequent offense. Civil penalties may only be assessed by a ruling of the commissioner based upon an adjudicatory hearing held in accordance with the Administrative Procedure Act.
Acts 2024, No. 288, §1, eff. May 28, 2024.
Status: in_force · Read it on the official government site
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