Bill > A1275

This bill, known as the "Prescribed Burn Act," establishes a framework for authorizing and regulating prescribed burning in New Jersey, recognizing it as a vital tool for public safety, wildfire prevention, and natural resource management. It defines "prescribed burning" as the controlled application of fire to reduce "forest fuel" (naturally occurring vegetative material) for specific management purposes, requiring a written "prescribed burn plan" prepared by a "certified prescribed burn manager" or the landowner/lessee, which must be approved by the Department of Environmental Protection (DEP). The DEP will administer a certification program for burn managers, covering essential topics like safety, fire behavior, and smoke management, and may charge fees for program administration. While landowners or lessees conducting burns solely on their own property are exempt from certification, all prescribed burns must have an approved plan, authorization from the DEP, and proper notification to relevant authorities and landowners within 250 feet of the burn area, with specific notice requirements for burns conducted by the Bureau of Forest Fire Management. The act clarifies that prescribed burns conducted according to its provisions are considered in the public interest and generally exempt from arson, trespass, or nuisance laws, and that those conducting them are not liable for damages unless negligence is proven, though they must reimburse the state if a fire escapes and requires intervention.