Pennsylvania Passes Prescribed Burning Act

Matthew Sarver — Thu, 23 Jul 2009 15:52:45 +0000

Many ecological communities in Pennsylvania (including native grasslands, oak-hickory forests, and serpentine barrens) depend on periodic fires to maintain their plant community composition and structure. In an even wider range of habitats, fire can be a tool to help combat invasion by non-native plant species. But conducting prescribed burns on private land has been a challenge in the state because of liability concerns. While other regions of the country have embraced the modern use of prescribed fire in managing habitats, Pennsylvania has long been stuck in the Smokey the Bear fire suppression mentality, with only a few organizations conducting regular prescribed burns on private land.

All that changed on July 14th 2009, when Pennsylvania Governor Ed Rendell signed House Bill 262, establishing the Prescribed Burning Practices Act. Introduced by Rep. Gary Haluska, the new law authorizes the state Department of Conservation and Natural Resources to establish standards for the conduct of prescribed burns in the state. The state will begin regulating burning practices by certifying burn managers and requiring state approval for burn plans. In exchange, the law limits the criminal and civil liability of landowners and burn managers, so long as the regulatory process is followed:

No owner of property who contracts with or authorizes a prescribed burn manager to conduct or permit a prescribed burn on the property pursuant to the requirements of this act shall be subject to civil or criminal penalty for damage or injury caused by the fire or resulting smoke, unless negligence is proven.

- PA House Bill 262

The passage of this law is a major step forward in facilitating the use of prescribed fire as a management tool on private conservation lands in the state. I hope to be able to use fire to manage the grasslands at my own wildlife sanctuary property in southwestern Pennsylvania at some point in the future.

Another exciting step forward is the establishment of The Pennsylvania Prescribed Fire Council, an organization created “to promote the exchange of information, techniques, and experiences of the Pennsylvania prescribed fire community, and to promote public understanding of the importance and benefits of prescribed fire.”

PPFC has named Matt Boss of The Nature Conservancy as the Council’s first Training Coordinator. You can join the effort to promote prescribed burning in Pennsylvania by becoming a member of PPFC.

Matthew Sarver » Prescribed Burning

Pennsylvania Passes Prescribed Burning Act