O.C.G.A.

O.C.G.A. § 12-6-17 (2019)

Director - Regulation of controlled burning where drought or other conditions exist

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Whenever in the judgment of the director, because of drought or other conditions, controlled burning of woods, lands, marshes, refuse, or other combustible materials in any county or counties or in any area within a county constitutes an unusual hazard to property, the director may by order, rule, or regulation prohibit the setting on fire of any woods, lands, marshes, refuse, or other combustible materials within any county or counties or within any area within a county, or may permit such burning only upon such conditions and under such regulations as in his judgment are necessary and proper to prevent the destruction of property. Where by rule or regulation the setting on fire of any woods, lands, marshes, refuse, or other combustible material has been prohibited, no person shall set or cause to be set any backfire, except under the direct supervision or permission of a state or federal forest officer, unless it can be established that the setting of such

CONSERVATION & NATURAL RES.

backfire was necessary for the purpose of saving life or valuable property, the burden of proving which shall rest on such person claiming same as a defense. Any order, rule, or regulation promulgated by the director under the authority of this Code section shall have the force and effect of law.

(b) Any person violating a lawful order or regulation promulgated under the authority of this Code section shall be guilty of a misdemeanor.

History

Ga. L. 1955, p. 309, § 26.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. - 35A Am. Jur. 2d, Fires, §§ 1, 16. 63C Am. Jur. 2d, Public Officers and Employees, §§ 231, 239.

C.J.S. - 67 C.J.S., Officers and Public Employees, § 325. 98 C.J.S., Woods and Forests, § 5.

Notes of Decisions
Cited in 1 case, 2005–2005 · leading case: Georgia Forestry Comm'n v. Canady, 617 S.E.2d 569 (Ga. Ct. App. 2005).
Georgia Forestry Comm'n v. Canady, 617 S.E.2d 569 (Ga. Ct. App. 2005). · cites it 2× “” OCGA§ 12-6-17 (a). In the Georgia Forest Fire Protection Act, OCGA § 12-6-81 et seq.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.