Prescribed Fire Liability in the Southern United States: Updated report supports regional understanding

The use of prescribed fire remains a critical component of land management across the southern United States. As land managers, private landowners, and agencies work to apply fire at the scale and frequency necessary to achieve ecological and management objectives, understanding liability continues to be an important consideration.

The updated Prescribed Fire Liability Report for the Southern United States: A Summary of Statutes and Cases through 2025 provides a comprehensive overview of the legal framework surrounding prescribed burning across the 13-state Southern Region. Developed in support of regional priorities, the report compiles and summarizes statutory and common law, along with relevant case law, to improve understanding of liability associated with prescribed fire.

Supporting a regional strategy for prescribed fire

This report contributes to the broader goals of the Southeast Regional Partnership for Planning and Sustainability (SERPPAS), which works across jurisdictions to address shared natural resource challenges. Increasing the use of prescribed fire, particularly on privately-held lands, is a key component of regional strategies, including efforts to restore and maintain longleaf pine ecosystems.

Because a majority of forestland in the Southern Region is privately owned, reducing barriers to prescribed fire implementation is essential. Liability concerns remain one of the primary factors influencing landowner decision-making. As outlined in the report, minimizing these concerns requires improved understanding of applicable laws, development of insurance mechanisms, and continued outreach and communication regarding fire-related risks.

Overview of liability considerations

The report describes how liability may arise when prescribed fire results in damage to property or impacts to others, including through escaped fire or smoke. In general, liability is addressed through both civil and criminal law, with civil liability focusing on damages to individuals or property and criminal liability addressing offenses against public safety.

Across the Southern Region, all 13 states have enacted laws related to prescribed burning. However, these laws vary in how liability is defined and the level of protection afforded to landowners and practitioners. Many states provide liability protections when prescribed burns are conducted in compliance with statutory requirements, though these protections are not absolute and may include exceptions such as negligence or gross negligence standards. The report also outlines key legal concepts relevant to prescribed fire, including negligence, nuisance, and, in limited circumstances, strict liability. Understanding these concepts, along with state-specific requirements such as burn plans, permitting, and certified burn managers, is essential for reducing risk.

A resource for landowners and practitioners

This report, intended as an educational resource to support informed decision-making, provides a state-by-state summary of prescribed burning statutes and associated liability considerations, as well as a table comparing civil liability standards across the region. By compiling this information in a single resource, the report helps landowners, practitioners, and partners better understand the legal landscape in which prescribed fire is applied. This increased understanding is an important step toward reducing uncertainty and supporting the continued use of prescribed fire as a land management tool.

Advancing the use of prescribed fire

Prescribed fire plays a vital role in achieving management objectives across working lands, military installations, and conservation areas. Continued coordination among partners, along with access to clear and consistent information, supports the responsible application of fire at the landscape scale.

The updated Prescribed Fire Liability Report contributes to these efforts by providing a clearer understanding of liability considerations and highlighting the importance of compliance with applicable laws and best practices.

Access the full report:

Prescribed Fire Liability Report for the Southern United States: A Summary of Statutes and Cases through 2025