Okla. Stat. tit. 2, § 2-16-26

Burning prohibitions – Penalties - Fireworks.

A. 1. It is unlawful for any person to set fire to any forest,

grass, range, crop, or other wildlands, or to build a campfire or

bonfire, or to burn trash or other material that may cause a forest,

grass, range, crop or other wildlands fire in any county, counties

or area within a county where, because of emergency drought

conditions, there is gubernatorially proclaimed extraordinary danger

from fire, unless the setting of any backfire during the drought

emergency is necessary to afford protection as determined by a

representative of the Division of Forestry, or unless it can be

established that the setting of the backfire was necessary for the

purpose of saving life or property. The burden of proving the

necessity shall rest on the person claiming a defense.

2. The Division of Forestry shall advise the Governor when the

lands described in paragraph 1 of this subsection in any county,

counties or area within a county of this state because of emergency

drought conditions are in extraordinary danger from fire. The

Governor may by proclamation declare a drought emergency to exist

and describe the general boundaries of the area affected.

3. Any proclamation promulgated by the Governor under authority

of this subsection shall be effective immediately upon the

Governor's signed approval of the emergency proclamation and shall

supersede any resolution passed by a board of county commissioners

pursuant to subsection B of this section. Notice of the

proclamation shall occur through posting on the Oklahoma Department

of Agriculture, Food, and Forestry's website and informing local

news media. Evidence of publication or posting as herein provided

shall be maintained by the Forestry Division.

4. When conditions warrant, due notice of the termination of

the emergency shall be promptly made by proclamation, which shall be

published or posted in like manner as when officially declared.

5. Any person who violates this subsection is guilty of a

misdemeanor punishable by a fine of not more than One Thousand

Dollars ($1,000.00), by imprisonment for not more than one (1) year,

or both.

B. 1. It is unlawful for any person to set fire to any forest,

grass, range, crop or other wildlands, or to build a campfire or

bonfire, or to burn trash or other material that may cause a forest,

Oklahoma Statutes - Title 2. Agriculture Page 588

grass, range, crop or other wildlands fire in any county of this

state in which the board of county commissioners of the county has

passed a resolution declaring a period of extreme fire danger. As

used in this subsection, "extreme fire danger" means:

a. all three of the following conditions are present:

(1) severe, extreme, or exceptional drought

conditions exist as determined by the National

Oceanic and Atmospheric Administration (NOAA)

pursuant to its criteria,

(2) no more than one-half (1/2) inch of precipitation

is forecast for the next three (3) days, and

(3) either of the following:

(a) fire occurrence is significantly greater

than normal for the season and/or initial

attack on a significant number of wildland

fires has been unsuccessful due to extreme

fire behavior, or
Oceanic and Atmospheric Administration (NOAA)

pursuant to its criteria,

(2) no more than one-half (1/2) inch of precipitation

is forecast for the next three (3) days, and

(3) either of the following:

(a) fire occurrence is significantly greater

than normal for the season and/or initial

attack on a significant number of wildland

fires has been unsuccessful due to extreme

fire behavior, or

(b) where data is available, more than twenty

percent (20%) of the wildfires in the county

have been caused by escaped debris or

controlled burning, or

b. temperatures for any day over the next three (3) days

are forecasted at or over one hundred (100) degrees

Fahrenheit.

2. A majority of the board of county commissioners may call an

emergency meeting at any time to pass or revoke a resolution

declaring a period of extreme fire danger in accordance with this

section.

3. A board of county commissioners shall have the documented

concurrence of a majority of the chiefs, or their designees, of the

municipal and certified rural fire departments located in the county

that a period of extreme fire danger exists prior to passage of a

resolution declaring a period of extreme fire danger in the county.

The resolution shall be effective for a period not to exceed

fourteen (14) days from the date of passage by the board of county

commissioners, unless the burn ban is removed earlier by the same

method by which it was approved. If extreme fire danger conditions

persist, subsequent resolutions may be passed by the board of county

commissioners in the same manner as provided in this paragraph. The

board of county commissioners, in the resolution, may grant

exceptions to the fire prohibition based on appropriate

precautionary measures.

4. Agricultural producers burning cropland, rangeland, forests

or pastures as a preferred method of managing their property shall

be exempt from any resolution passed by a board of county

commissioners that declares a period of extreme fire danger so long

Oklahoma Statutes - Title 2. Agriculture Page 589

as the agricultural producers have complied with the following

procedures:

a. submit a written prescribed burn plan to the local

fire department and, if within a protection area, the

local office or local representative of the Forestry

Division of the Oklahoma Department of Agriculture,

Food, and Forestry nearest the land to be burned that

shall include the following information:

(1) the name and telephone number of the agricultural

producer conducting the burn,

(2) the address and legal description of the area to

be burned,

(3) the objective and purpose of the burn,

(4) a list of fire departments and sheriff's offices

that are required to be notified pursuant to

subparagraph c of this paragraph,

(5) a list of adjoining landowners required to be

notified pursuant to Section 16-28.2 of this

title,

(6) a description of any firebreaks used to define

the boundary of the prescribed burn,

(7) a statement of prescribed weather conditions,

(8) a description of any smoke-management

considerations, and

(9) an ignition plan for the burn,

b. keep a copy of the written prescribed burn plan

provided for in subparagraph a of this paragraph on

site when conducting the prescribed burn,

c. notify the county sheriff and the dispatch center of

the local fire department prior to conducting the

prescribed burn, and

d. comply with the notification procedures outlined in

Section 16-28.2 of this title.

5. The prescribed burn plan provided for in paragraph 4 of this

subsection shall be deemed approved seventy-two (72) hours after

submission to the local fire department; provided, that the local

fire department may amend the submitted burn plan within seventy-two
rior to conducting the

prescribed burn, and

d. comply with the notification procedures outlined in

Section 16-28.2 of this title.

5. The prescribed burn plan provided for in paragraph 4 of this

subsection shall be deemed approved seventy-two (72) hours after

submission to the local fire department; provided, that the local

fire department may amend the submitted burn plan within seventy-two

(72) hours after submission.

6. The prescribed burn plan provided for in paragraph 4 of this

subsection shall not include campfires, household trash, debris or

pile burning.

7. Nothing in paragraph 4 of this subsection shall supersede

requirements set by a proclamation promulgated by the Governor under

authority of this section, interfere with the authority of the

Oklahoma Department of Agriculture, Food, and Forestry to enforce

burning laws or change the burner's liability as prescribed by law.

Oklahoma Statutes - Title 2. Agriculture Page 590

8. Any resolution passed by a board of county commissioners

under authority of this subsection shall be effective immediately

upon passage of the resolution. Notice of the resolution shall be

submitted to the Forestry Division of the Oklahoma Department of

Agriculture, Food, and Forestry, all local news media, local law

enforcement officials, and the state headquarters of the Department

of Public Safety, the Oklahoma Tourism and Recreation Department and

the Department of Wildlife Conservation on the day of passage of the

resolution. Evidence of publication or posting as provided in this

paragraph shall be maintained by the county.

9. The provisions of this subsection may be enforced by any law

enforcement officer of this state.

10. Any person convicted of violating the provisions of this

subsection shall be guilty of a misdemeanor and shall be subject to

a fine of not more than Five Hundred Dollars ($500.00), to

imprisonment for not more than one (1) year, or to both such fine

and imprisonment.

11. The selling of fireworks shall not be considered an act in

violation of this subsection.

12. All fire departments and appropriate county officials shall

be allowed to place "Burn Ban" signs on agreed-upon signposts

controlled by the Oklahoma Department of Transportation and Oklahoma

Turnpike Authority (OTA). Fire departments and appropriate county

officials shall work with the Oklahoma Department of Transportation

to agree upon locations for signage. The Oklahoma Department of

Transportation shall develop standards that fire departments and

appropriate county officials shall adhere to in placing signage. It

shall be the responsibility of the entity placing the sign to post

and remove signage in a timely manner. Signage shall not obstruct

the view of traffic. Signage costs shall be the responsibility of

the fire department or county wishing to install.