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| Public Act 095-0108 |
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AN ACT concerning the environment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Illinois Prescribed Burning Act. | ||||
Section 5. Legislative findings; purpose. | ||||
(a) Prescribed burning is a land management tool that | ||||
benefits the safety of the public, the environment, and the | ||||
economy of the State. Therefore, the General Assembly finds | ||||
that:
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(1) Most of the State's natural communities require | ||||
periodic fire for maintenance of their ecological health. | ||||
Prescribed burning is essential to the perpetuation, | ||||
restoration, and management of many plant and animal | ||||
communities. Significant loss of the State's biological | ||||
diversity will occur if fire is excluded from these | ||||
fire-dependent communities.
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(2) Public agencies and non-governmental organizations | ||||
in the State have spent millions of dollars to purchase | ||||
hundreds of thousands of acres of land for parks, wildlife | ||||
areas, State forests, nature preserves and other outdoor | ||||
recreational purposes. The use of prescribed burning for | ||||
management of these public and private lands is essential | ||||
to maintain the specific resource values for which these | ||
areas were acquired.
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(3) Forests, grasslands, and wetlands in the State | ||
constitute significant economic, biological, and aesthetic | ||
resources of statewide importance. Prescribed burning | ||
prepares sites for planting, removes undesirable competing | ||
vegetation, accelerates nutrient cycling, controls certain | ||
pathogens and noxious weeds, and promotes oak | ||
regeneration. In these communities, prescribed burning | ||
improves and maintains the quality and quantity of wildlife | ||
habitats.
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(4) Prescribed burning reduces naturally occurring | ||
vegetative fuels. Reducing the fuel load reduces the risk | ||
and severity of wildfires, thereby reducing the threat of | ||
loss of life and property.
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(5) Federal and State agencies promote and subsidize | ||
fire dependent vegetative communities and recommend | ||
prescribed burning as an essential management practice for | ||
many funded programs.
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(6) Proper training in the purposes, use, and | ||
application of prescribed burning is necessary to ensure | ||
maximum benefits and protection for the public.
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(7) Prescribed burning in the hands of trained, | ||
skilled, and experienced people is safe and often the most | ||
cost effective management technique to accomplish many | ||
ecosystem restoration objectives and ecological goals.
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(8) A public education program is necessary to make | ||
citizens and visitors aware of the public safety, natural | ||
resource, and economic benefits of prescribed burning and | ||
its use as a land management tool.
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(9) As development and urbanization increase in the | ||
State, pressures from liability issues, and nuisance | ||
complaints will inhibit the use of prescribed burning.
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(b) It is the purpose of this Act to authorize and to | ||
promote the continued use of prescribed burning for ecological, | ||
forest, wetland, wildlife management, and grassland management | ||
purposes.
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Section 10. Definitions. As used in this Act:
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(a) "Prescribed burning" means the planned application of | ||
fire to naturally occurring vegetative fuels under specified | ||
environmental conditions and following appropriate | ||
precautionary measures, which causes the fire to be confined to | ||
a predetermined area and accomplish the planned land management | ||
objectives.
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(b) "Certified prescribed burn manager" means an | ||
individual who successfully completes an approved training | ||
program and receives proper certification.
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(c) "Prescription" means a written plan for conducting a | ||
prescribed burn.
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(d) "Department" means the Illinois Department of Natural | ||
Resources.
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Section 15. Requirements; liability. | ||
(a) Before conducting a prescribed burn under this Act, a | ||
person shall:
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(1) obtain the written consent of the landowner;
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(2) have a written prescription approved by a certified | ||
prescribed burn manager; | ||
(3) have at least one certified prescribed burn manager | ||
present on site with a copy of the prescription while the | ||
burn is being conducted; | ||
(4) notify the local fire department, county | ||
dispatcher, 911 dispatcher, or other designated emergency | ||
dispatcher on the day of the prescribed burn; and | ||
(5) make a reasonable attempt to notify all adjoining | ||
property owners and occupants of the date and time of the | ||
prescribed burn. | ||
(b) The property owner and any person conducting a | ||
prescribed burn under this Act shall be liable for any actual | ||
damage or injury caused by the fire or resulting smoke upon | ||
proof of negligence. | ||
(c) Any prescribed burning conducted under this Act: | ||
(1) is declared to be in the public interest; | ||
(2) does not constitute a public or private nuisance | ||
when conducted in compliance with Section 9 of the | ||
Environmental Protection Act and all other State statutes | ||
and rules applicable to prescribed burning; and | ||
(3) is a property right of the property owner if | ||
naturally occurring vegetative fuels are used.
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Section 20. Rules. The Department, in consultation with the | ||
Office of the State Fire Marshall, shall promulgate rules to | ||
implement this Act, including but not limited to, rules | ||
governing prescribed burn manager certification and revocation | ||
and rules governing prescribed burn prescriptions. | ||
Section 25. Exemption. Nothing in this Act shall be | ||
construed as: | ||
(1) requiring certification as a prescribed burn manager to | ||
conduct prescribed burning on one's own property or on the | ||
lands of another with the landowner's permission; Section 15(b) | ||
shall not apply to prescribed burns conducted under the | ||
exemption in this item (1); | ||
(2) affecting any obligations or liability under the | ||
Environmental Protection Act or any rules adopted thereunder, | ||
or under any federal laws or rules that apply to prescribed | ||
burning; or | ||
(3) superseding any local burning law. | ||
Section 30. Fees. The Department may charge and collect | ||
fees from persons applying for safety training and | ||
certification as a certified prescribed burn manager. | ||
Section 35. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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