§17.1. Prescribed burning by noncertified prescribed burn managers
A. The provisions of this Section shall only be applicable to any prescribed burning
that is not conducted in accordance with the provisions of R.S. 3:17. As used in this Section,
"noncertified prescribed burn manager" means an individual who has not successfully
completed the certification program of the Louisiana State University Agricultural Center
or other approved program and is not certified by the Department of Agriculture and
Forestry.
B. A noncertified prescribed burn manager, prior to conducting a prescribed burn,
shall provide the office of forestry with the location, date, and time of the prescribed burn.
The office of forestry shall review the information, and the noncertified prescribed burn
manager shall agree to follow the relevant smoke management guidelines as approved by the
department in order for the notification to be accepted.
C. The commissioner of agriculture and forestry is authorized to promulgate rules
and regulations in accordance with the Administrative Procedure Act to carry out the intent
and purposes of this Section.
D. Prescribed burning conducted in accordance with the provisions of this Section
shall not entitle the noncertified prescribed burn manager with a rebuttable presumption of
nonnegligence.
E. The provisions of this Section shall not apply to the burning of leaf piles, yard
debris, or hand-piled natural vegetation.
F. Any person who violates this Section or any rule or regulation adopted pursuant
to this Section may be subject to a civil penalty not to exceed two hundred fifty dollars for
a first offense and a civil penalty not to exceed five hundred dollars for a second or
subsequent offense. Civil penalties may only be assessed by a ruling of the commissioner
based upon an adjudicatory hearing held in accordance with the Administrative Procedure
Act.
Acts 2024, No. 288, §1, eff. May 28, 2024.