Alaska Statutes
Alaska Stat. § 41.15.040 (2026)
Right of entry to control and suppress fires
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 41.15.040. Right of entry to control and suppress fires.
(a) Upon approval by the commissioner or an authorized agent, an employee of the division of forestry and fire protection, or of any organization authorized to prevent, control, or suppress a fire or a destructive agent, and others assisting in the control or suppression of a fire upon request of an officer or employee of the United States or the state may, when responding to a wildland fire or suspected wildland fire or administering the provisions of this chapter, enter upon any land, whether publicly or privately owned, for the purpose of preventing, investigating, suppressing, or controlling a wildland fire or a destructive agent.
(b) A person may not interfere with or prohibit the access authorized under (a) of this section.
(a) Upon approval by the commissioner or an authorized agent, an employee of the division of forestry and fire protection, or of any organization authorized to prevent, control, or suppress a fire or a destructive agent, and others assisting in the control or suppression of a fire upon request of an officer or employee of the United States or the state may, when responding to a wildland fire or suspected wildland fire or administering the provisions of this chapter, enter upon any land, whether publicly or privately owned, for the purpose of preventing, investigating, suppressing, or controlling a wildland fire or a destructive agent.
(b) A person may not interfere with or prohibit the access authorized under (a) of this section.
Notes of Decisions
Cited in 1
case, 2014–2014 · leading case: Brewer v. State, 341 P.3d 1107 (Alaska 2014).
Brewer v. State, 341 P.3d 1107 (Alaska 2014). “The court reasoned that it was pursuant to the State's police power that the legislature enacted AS 41.15.040, the statute granting firefighters access to private property for the purpose of fighting fires, 35 and that the State acted pursuant to this statutory authority when it…”
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