Title 12, Chapter 6, Section 90
( 12-6-90)
(a) Except as provided in subsections (b) and (c) of this Code
section, any person, firm, corporation, or association lawfully
entitled to burn any woods, lands, marshes, or any other flammable
vegetation, whether in cultivated or uncultivated areas, shall prior
to such burning obtain a permit therefor from the forest ranger of
the county wherein such burning is to be made or from another
employee of the forestry unit serving such county who is authorized
by the chief forester of such unit to grant such permits. An
applicant for a permit shall provide the county forest ranger or
other authorized employee of the forestry unit serving the county
with the location and the recommended time of the proposed burn.
Such information may be provided and the permit may be obtained by a
telephone call to the county forest ranger or to another authorized
employee of the forestry unit serving the county. The permit shall
be given by providing the applicant therefor with a permit number
which will grant permission for a controlled burn to take place at
the location specified by the applicant at a time approved by the
county forest ranger or by the other authorized employee of the
forestry unit serving the county. (b) It shall not be necessary to obtain a permit otherwise required
by subsection (a) of this Code section if a sudden emergency
requires a firing in order to render one's premises safe. In any
prosecution under this Code section, a necessary firing in a sudden
emergency shall constitute an affirmative defense, but the burden of
proving such necessity shall rest upon the person asserting it as a
defense. (c) It shall not be necessary to obtain a permit otherwise required
by subsection (a) of this Code section to burn improved pastures,
residue on cultivated crop land, or leaf piles if the person, firm,
corporation, or association intending to burn such residue shall,
prior to such burning, give notice of the approximate time and
location thereof to the forest ranger of the county wherein such
burning is to be made or to an employee of the forestry unit serving
such county who is authorized to grant permits under subsection (a)
of this Code section. (d) The notice or permit required by this Code section shall be in
addition to any other notice or permit or other requirement for
burning provided for by law or by ordinance, resolution, or
regulation of any county or municipality of this state; provided,
however, that no additional restrictions provided by local ordinance
shall prohibit burning the understory for the health of the forest
and wildlife or prohibit the landowner's ability to reduce fuel
loads on the forest floor for the safety of the community; provided,
further, that the foregoing exception shall not apply to the burning
of leaf or brush piles not necessary to accomplish the purposes of
prescribed burning. (e) Any person who fails to give any notice required by subsection
(c) of this Code section or who makes a burn described by subsection
(a) of this Code section without obtaining the permit required by
said subsection shall be guilty of a misdemeanor. |