Okla. Stat. tit. 2, § 2-16-28.2

A. 1. The provisions of this section apply to a prescribed

burn.

2. Any owner wishing to set fire to land in order to conduct a

prescribed burn shall comply with the provisions of this section.

B. 1. Within sixty (60) days prior to conducting a prescribed

burn, the owner of the land to be burned shall orally or in writing

notify all landowners whose lands adjoin the owner's land to be

burned.

2. If any landowner is burning on a large, consolidated tract

of land in which there are multiple adjacent owners, only those

owners with adjoining land within one (1) mile of the proposed burn

area must be notified.

3. The owner shall include in the written notice or shall

orally notify the adjoining landowners of the proposed date and

location of the burn and a telephone number where the owner can be

reached for information regarding the prescribed burn.

C. In addition to notification of adjoining property owners

pursuant to subsection B of this section, the owner of the land to

be burned shall complete the prescribed burn notification plan

specified in subsection D of this section and shall submit such plan

to the rural fire department nearest the land to be burned. If the

land to be burned is in a protection area, the owner shall also

submit a copy of the notification plan to the local office or local

representative of the Forestry Division nearest to the land to be

burned.

D. Any person wishing to conduct a prescribed burn shall

complete a Prescribed Burn Notification Plan form, prescribed by the

Oklahoma Department of Agriculture, Food, and Forestry.

The original copy of the form shall be filed with the rural fire

department nearest to the land to be burned. If conducting a

Oklahoma Statutes - Title 2. Agriculture Page 593

prescribed burn within a protection area, a copy of the prescribed

burn notification plan shall be filed with the local office or local

representative of the Forestry Division nearest to the land to be

burned. A copy of the plan shall be retained by the owner of the

land to be burned.

E. 1. Whether the land is located within or outside a

protection area, the owner of the land to be burned shall, within

forty-eight (48) hours of conducting a prescribed burn, notify the

rural fire department receiving a copy of the prescribed burn

notification plan that the prescribed burn will be conducted.

2. Within a protection area, the owner of the land to be burned

shall also, within the time period required by Section 16-28.1 of

this title, notify the local office or local representative of the

Forestry Division receiving a copy of the prescribed burn

notification plan.

F. A prescribed burn conducted pursuant to provisions of this

section shall:

1. Be considered in the public interest and shall not

constitute a public or private nuisance; and

2. Be considered a property right of the property owner if

vegetative fuels are used.

G. 1. Any owner conducting a prescribed burn who is found by a

court of law to have caused damages or injury as a result of

accident or by ordinary negligence shall only be civilly liable for

actual damages resulting from the prescribed burn.

2. Any owner conducting a prescribed burn who is found by a

court of law to have committed gross negligence in conducting the

prescribed burn may be found to be both civilly liable for the

amount of damage done by the fire, and criminally liable pursuant to

paragraph 3 of this subsection.

3. Any owner setting or causing to be set on fire land as

authorized by this section, and as a result of gross negligence

permitting the fire to spread beyond the control of the owner or

beyond the bounds of the owner's land, shall be deemed guilty of a

misdemeanor, and upon conviction thereof, be fined a sum not more

than Five Hundred Dollars ($500.00), or imprisonment in the county

jail for a period not more than six (6) months.