O.C.G.A. § 12-6-90 (2019)
Permit required for burning woods, lands, marshes, or other flammable vegetation; exceptions
(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)(1) It shall not be necessary to obtain a permit otherwise required by subsection (a) of this Code section to burn improved pastures or residue on cultivated crop land 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.
(2) Unless otherwise provided by local ordinance, or where prohibited by general law or regulation, it shall not be necessary to obtain
FOREST RESOURCES & OTHER PLANT LIFE a permit otherwise required by subsection (a) of this Code section to burn leaf piles, yard debris, or hand-piled natural vegetation on the premises at which they occur, provided that the:
(A) Burning takes place between the official sunrise and the official sunset for the location where the burning is taking place;
(B) Location of the burning is no less than 25 feet from any woodlands, forestland, and/or open field that contains brush, grass, or other flammable material;
(C) Location of the burning is no less than 50 feet from any structure, including outbuildings, sheds, barns, and homes;
(D) Person responsible shall attend the burning at all times until completely extinguished and there is no risk for the burning to escape control;
(E) Person responsible shall take necessary precautions to prevent escape or spread from the original location; and
(F) Person responsible shall be liable for any resulting damage to adjacent properties.
(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.
History
Ga. L. 1956, p. 382, §§ 1-3; Ga. L. 1981, p. 895, § 1; Ga. L. 1988, p. 477, § 1; Ga. L. 2000, p. 1285, § 3; Ga. L. 2001, p. 4, § 12; Ga. L. 2021, p. 598, § 1/SB 119. The 2021 amendment, effective July 1, 2021, in subsection (c), designated the existing provisions as paragraph (c)(1), substituted ‘‘pastures or residue on cultivated crop land’’ for ‘‘pastures, residue on
cultivated crop land, or leaf piles’’ near the middle of paragraph (c)(1), and added paragraph (c)(2).
Annotations
Cross references. - Burning of woodlands, brush, fields, or other lands; destruction of or damage to material or device used in detection or suppression of wildfires; penalties for violations, § 16-7-63.
Code Commission notes. - Pursuant
CONSERVATION & NATURAL RES.
to Code Section 28-9-5, in 2001, ‘‘foregoing’’ was substituted for ‘‘forgoing’’ near the end of subsection (d). JUDICIAL DECISIONS Purpose of section. - Purpose of O.C.G.A. § 12-6-90 is to enable the forestry service to supervise fires for the safety of the public, particularly of people who pass on a nearby highway or who have trees or houses nearby. Butler v. McCleskey, 208 Ga. App. 341, 430 S.E.2d 631 (1993). Failure to notify forestry agents of intent to burn a field was negligence per se. Butler v. McCleskey, 208 Ga. App. 341, 430 S.E.2d 631 (1993).
Landowner not required to obtain separate permit for days following prescribed burn. - Landowner’s failure to obtain a separate permit for the days following a prescribed burn pursuant to O.C.G.A. § 12-6-90 did not strip the landowner of the protections provided by the Georgia Prescribed Burning Act, O.C.G.A. § 12-6-148. Morgan v. Horton, 308 Ga. App. 192, 707 S.E.2d 144 (2011), cert. denied, No. S11C1028, 2011 Ga. LEXIS 533 (Ga. 2011).
OPINIONS OF THE ATTORNEY GENERAL Purpose of this section is twofold, to-wit: (1) to permit the State Forestry Commission, through the Commission’s communication and weather reporting facilities, to advise the landowner as to whether or not conditions are safe for burning, and to mobilize the Commission’s equipment on a standby basis; and
(2) to prevent the State Forestry Commission, upon spotting unreported smoke in any part of the county, from sending out valuable equipment to investigate, only to discover a controlled fire, thereby avoiding serious expense by giving notice of the controlled burning. 1954-56 Op. Att’y Gen. p. 345 (see O.C.G.A. § 12-6-90).
RESEARCH REFERENCES Am. Jur. 2d. - 35A Am. Jur. 2d, Fires, §§ 11, 12, 15, 36. 38 Am. Jur. 2d, Grand Jury, § 30. C.J.S. - 36A C.J.S., Fires, § 2. 38 C.J.S., Grand Juries, § 34. 82 C.J.S., Statutes, §§ 182 et seq., 201. ALR. - Validity and application of
statutes imposing upon the owner or occupant liability for expense of fighting fire starting on his land or property, 90 A.L.R.2d 873. Liability for spread of fire intentionally set for legitimate purpose, 25 A.L.R.5th 391.