SB 762 in Sections 25-27 provides that the Oregon Department of Forestry shall develop rules so that a person may conduct a prescribed burn that crosses property lines if the person secures permission of all property owners that the fire is planned to burn.
The purpose of the burn is to accomplish any of the following: 1)Remove a fire hazard to any property; 2) Prepare seed beds; 3) Remove obstructions to or interference with the proper seeding or agricultural or grazing development or use of that land; 4) Promote the establishment of new forest crops on cutover, denuded or underproductive lands; 5) Implement pest prevention and suppression activities, as provided in ORS 527.310 to 527.370; or 6) Promote improvements to forest health, including improvements to fish and wildlife habitat. It appears that prescribed burns may be considered a solution to almost any problem. While this may be a tool to help forests it should not be part of a let it burn program for forest management or used to excess.
When burning for any of the purposes stated in the new rules as stated in revised ORS 526.360 (6) When a burn “is started under the supervision of and supervised by the forester, a forest protective association or a Certified Burn Manager, a person may not be held liable for property damage resulting from that burning unless the damage is caused by the negligence of the person.” There is no requirement for liability insurance in cause the fire gets away and negligence is not proven. This puts everyone at risk from Prescribed Burns.