Title 2, Sections 16-28 and 16-28.2 of the Oklahoma Forestry Code provide some liability protection for landowners conducting prescribed burns under certain conditions. To obtain this protection however, the owner or manager is responsible for planning the burn, providing proper notification to neighbors and local authorities, conducting the burn according to the plan, providing adequate equipment and manpower to control the fire and confine it to his or her property, and preventing impacts downwind from smoke.

In terms of liability, the law distinguishes between fires that escape by accident and those that escape due to negligence. For details on how to reduce your liability while conducting a prescribed burn, OFS recommends you follow the guidelines, laws and planning recomendations outlined in the publication Notification Requirements and Considerations for Safe and Lawful Prescribed Burning in Oklahoma.

Forestry Services personnel are available to assist you with the planning of your prescribed fire.  OFS also makes available a Prescribed Burning Notification Plan for your use when utilizing prescribed fire.