Understanding the Legal Framework for Prescribed Burns in Oklahoma
Hello, I’m Oklahoma City attorney Dillan Savage with Wirth Law Office, and I practice primarily in the Oklahoma City, Oklahoma area.
Today, we’re going to be discussing prescribed burns—a topic that involves multiple laws and statutes in the state of Oklahoma. If you’re considering a prescribed burn on your property, it’s important to understand the legal framework before proceeding.
The relevant statutes include Title 2, Sections 16-28, 16-28.1, and 16-28.2, though there may be additional laws that apply. Because the rules are extensive, you should carefully review these statutes. If you’re unsure or uncomfortable interpreting the law, consulting an attorney is highly recommended—doing so can help you avoid both civil and criminal liability.
Basic Requirements for Conducting a Prescribed Burn
Here’s a quick overview of some of the legal steps required to conduct a prescribed burn in Oklahoma:
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- 60-Day Notice to Neighbors: You must notify adjacent property owners of your intent to burn at least 60 days in advance, either orally or in writing.
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- Notify Local Authorities: You are required to notify your nearest rural fire department or the Oklahoma Department of Forestry.
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- Complete Required Forms: When notifying the authorities, you’ll need to complete a prescribed burn request form. They will retain the original, and you should keep a copy on file for your records.
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- Safety Protocols: There are additional safety requirements based on your burn location—especially if you are in a designated protection zone. These rules dictate how the burn must be conducted, including firebreaks, wind speed considerations, and personnel on-site.
Legal Consequences of Improper Burns
If you conduct a prescribed burn and it causes damage due to negligence, you could face civil liability—meaning you’ll be responsible for paying for damages to property or individuals.
If your conduct is deemed grossly negligent, you could also be criminally liable. This may lead to fines, jail time, or both.
To avoid these outcomes, always follow the proper notification procedures, comply with burn safety guidelines, and never allow a fire to get out of control.
Get Expert Legal Guidance
If you found this information helpful or believe it could assist someone else, please visit TheOklahomaCityAttorney.com. My name is Dillan Savage, and I’m the Oklahoma City criminal defense attorney with Wirth Law Office. For a low-cost consultation, please call 405-888-5400. Thank you for watching.
