NY Env Conserv L § 9-1105 (2021)
2021 New York Laws ENV - Environmental Conservation Article 9 - Lands and Forests Title 11 - Forest Fire Control 9-1105 - General Prohibitions.

§ 9-1105. General prohibitions.   1. The following are prohibited:  (a)  setting  of  fires  on or near forest land and leaving such fires unattended and unquenched;  (b) setting of a fire which will endanger the property of another;  (c) setting of forest land on fire except where necessary to implement any provision of this chapter, including, but not limited to,  paragraph v  of  subdivision  two  of  section  3-0301  of this chapter; provided, however, that nothing contained  in  this  paragraph  shall  permit  the setting  on  fire of any land constituting the forest preserve or of any state land within the Adirondack Park  or  the  Catskill  Park  for  any purpose  other  than  fire  suppression. The department shall promulgate regulations governing the use of fire which shall include provisions for notification of, or waiver of notification by, local fire officials;  (d) setting of a permitted fire in or near  forest  land  without  all inflammable  material having first been removed for a distance of 3 feet around the fire;  (e) the dropping, throwing or otherwise scattering of lighted matches, burning cigars, cigarettes or tobacco on forest land;  (f)  the  defacing,  destruction  or  removal  of  any  posted  notice containing forest fire warnings, laws or rules and regulations.   2.  It  shall  be  unlawful  to  deposit, and leave in any of the fire towns, or in any  town  included  in  a  fire  district  as  defined  in subdivision  2  of  section  9-1109  of this title, brush or inflammable material upon the right of way of highways.   3. No device for generating power which burns wood, coke,  lignite  or coal  shall  be  operated  in,  through  or near forest land, unless the escape of sparks, cinders or coals shall be prevented in such manner  as may be required by the department.   4.  In  any  of  the  fire  towns,  or  in any town included in a fire district as defined in subdivision 2 of  section  9-1109,  brush,  logs, slash  or  other  inflammable  material  shall not be left or allowed to remain on land within 25 feet of the right  of  way  of  a  railroad  or within 20 feet of the right of way of a public highway.   5.  It shall be unlawful to set or cause to be set or sustain any open fire for purpose of burning logs, leaves, sawdust, slabs, brush, stumps, dry grass or other debris, in any  of  the  fire  towns,  without  first having obtained from the department a written permit so to do.   6.  Prescribed  burns.  (a)  For the purposes of this subdivision, the term "prescribed burn" shall mean the intentional setting of forest land on fire, under carefully controlled  conditions,  in  order  to  manage, enhance,  or  restore populations of plants or animal species or natural communities on such land.  (b) Notwithstanding the  provisions  of  this  section  or  any  other provision  of  law,  the department may authorize a landowner to conduct prescribed  burn  activities  pursuant  to  a  written  prescribed  burn management  plan  prepared by or for such landowner. The prescribed burn management plan shall include, but not  be  limited  to,  the  following elements:  (i)  a  discussion  of  the  landowner's  training  and  expertise  in conducting prescribed burn activities;  (ii) a map and narrative description identifying the area or areas  on which prescribed burn activities will be undertaken;  (iii)  a  description of the ecological purposes and objectives of the prescribed burn, including an identification of the specific species  or natural communities that are intended to be impacted by the burn;  (iv) a description of the vegetative cover and fuel loads on each area to be subjected to prescribed burning;  (v)  a  description of physical parameters, such as time of year, wind speed and direction, and air temperature and humidity, which must be met before a prescribed burn is initiated;  (vi)  a  description  of the anticipated intensity and duration of the prescribed  burn  given  the  fuel  loads  and  physical   prescriptions established in subparagraphs (iv) and (v) of this paragraph;  (vii) a description of the logistics of the prescribed burn operation, number of personnel, and fire management equipment that will be deployed to  assure  that  the burn is restricted to the area or areas identified for prescribed burn management;  (viii) a description of fire suppression activities to be  immediately implemented  should  the prescribed burn threaten to escape, or actually escape, beyond the boundaries identified for such burn;  (ix) a procedure for notifying appropriate local  fire  officials  and law  enforcement  personnel  of  the  actual  date,  time, and estimated duration of any prescribed burn;  (x) a  procedure  for  notifying  adjacent  landowners  prior  to  the undertaking of a prescribed burn;  (xi) a description of the procedures that will be undertaken to assure that  the prescribed burn is fully extinguished at the conclusion of the burn.  (c) The department  shall  promulgate  regulations  implementing  this subdivision  prior  to authorizing any landowner to undertake prescribed burn activities. Such regulations shall include, but not be limited  to, a  listing  of  the necessary elements of the prescribed burn management plan, and standards for determining whether a request for  authorization to conduct prescribed burn activities should be granted.  (d)  The  department shall reject any application for authorization to conduct a prescribed burn pursuant to this subdivision if the department determines  that  the  landowner  has  not  demonstrated  the  necessary expertise to properly implement the prescribed burn plan.  (e)  Before  granting  a landowner authorization to conduct prescribed burn activities, the department shall give the chief or  other  official in  charge  of  the  fire department or company within whose territorial jurisdiction the proposed prescribed burn is located an  opportunity  to review and comment on the written prescribed burn management plan.  (f)  No  burning  shall  be  prescribed  under this subdivision within seventy-five feet of the boundary of a landowner's property without  the written  approval of the adjacent landowner. In addition, the department may prohibit burning in a buffer zone in  excess  of  seventy-five  feet from  the  boundary of an adjacent property owner if specific conditions at the site warrant such buffer.