reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 2. Agriculture › §2-15-146. Director - Legal counsel.

A. The Trust Authority shall employ a director who shall be paid a reasonable salary to be fixed by the Trust Authority. The director shall give a surety bond in the sum of not less than Fifty Thousand Dollars ($50,000.00) the specific amount to be determined by the Trust Authority. The bond shall be approved by and made payable to the Trust Authority. The premium for said bond shall be paid by the Trust Authority.
B. The Trust Authority may employ all employees necessary for the purposes of Sections 15-141 through 15-147 of this title and provide for the payment of reasonable salaries, wages, or compensation to such employees.
C. The Trust Authority may elect to place the director and employees under the employees benefits provided by the board of county commissioners for other county employees. The cost of such benefits shall be paid by the Trust Authority.
D. The district attorney shall be authorized to represent the Trust Authority. Provided, however, the trustees may elect to employ their own legal counsel, subject to the approval of the board of county commissioners. In the event the district attorney certifies it is not practical for him or her to represent the trustees, then the district attorney shall not be required to represent the trustees.
Added by Laws 1970, c. 335, § 6, emerg. eff. April 23, 1970. Amended by Laws 2001, c. 146, § 240, emerg. eff. April 30, 2001. Renumbered from § 157.6 of this title by Laws 2001, c. 146, § 271, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-15-147. Audits - Expenses.

A. The account and books of the Trust Authority, including its receipts, disbursements, contracts, mortgages, investments and other matters relating to its finances, operations and affairs shall be examined and audited not less than once each twelve (12) months by a certified public accountant or licensed public accountant.
B. The trustees of the Trust Authority may employ a certified public accountant or licensed public accountant for the audit and examination and pay a reasonable fee therefor from trust funds.
C. The records, books and accounts may be examined from time to time at the discretion of and by the State Auditor and Inspector as provided by law. When an audit is made as provided in this subsection, by the State Auditor and Inspector, all expenses of the audit must be reimbursed by the Trust Authority to the State Auditor and Inspector.
Added by Laws 1970, c. 335, § 7, emerg. eff. April 23, 1970. Amended by Laws 1973, c. 68, § 1, emerg. eff. April 27, 1973; Laws 1979, c. 30, § 58, emerg. eff. April 6, 1979; Laws 2001, c. 146, § 241, emerg. eff. April 30, 2001. Renumbered from § 157.7 of this title by Laws 2001, c. 146, § 271, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-15-161. Companies and operators to file bond to secure contract - Term and conditions.

A. All carnival companies or the operators of public shows that enter into any contract with any county agricultural society or county fair shall be required, within thirty (30) days after the execution of such contract, to:
1. Execute and file with the Secretary of State a good and sufficient bond, with corporate surety doing business in the State of Oklahoma, in the sum of Two Thousand Five Hundred Dollars ($2,500.00) running to the State of Oklahoma. The bond shall be conditioned that any such carnival company or the operator of the show will faithfully perform any contract entered into by the carnival or operator in the State of Oklahoma during a period of one (1) year from the date of execution of such contract; and
2. At the time of the filing of the bond, file with the Secretary of State an appointment of some person within the State of Oklahoma authorized to receive service of process on behalf of the principal on the bond.
B. The bond shall be made for a period of one (1) year and no additional bonds shall be required for that period.
C. Upon entering into any contract with county fair or county agricultural society, calling for a performance in any specific county in the State of Oklahoma, the carnival company or the operator of the show shall, within thirty (30) days after signing of each such contract, file with the county clerk of such county a certificate showing that the bond provided for in this section has been filed with the Secretary of State.
Added by Laws 1953, p. 1, § 1. Amended by Laws 2001, c. 146, § 242, emerg. eff. April 30, 2001. Renumbered from § 161 of this title by Laws 2001, c. 146, § 272, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-15-162. Contracts secured by bond - Approval of form - Suit on bond.

A. The bond required by Section 15-161 of this title shall be security, not only for the performance of the initial contract signed by any such carnival company or the operator of any such show, but it also shall insure performers of all other contracts made in this state with any agricultural society or county fair during the period such bond is in force.
B. The bond shall be in form approved by the Attorney General of Oklahoma.
C. Any county agricultural society or county fair may bring suit upon such bond in the county where such contract was to have been performed to recover any damages sustained by reason of breach of contract or failure to carry out the terms thereof.
Added by Laws 1953, p. 2, § 2. Amended by Laws 2001, c. 146, § 243, emerg. eff. April 30, 2001. Renumbered from § 162 of this title by Laws 2001, c. 146, § 272, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-15-163. Violations - Punishment.

Each officer, owner, or manager of any carnival company or show, who willfully fails to cause bond and certificate to be filed as provided by Section 15-161 of this title, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in the sum of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00).
Added by Laws 1953, p. 2, § 3. Amended by Laws 2001, c. 146, § 244, emerg. eff. April 30, 2001. Renumbered from § 163 of this title by Laws 2001, c. 146, § 272, emerg. eff. April 30, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-1. Short title.

A. Article 16 of Title 2 of the Oklahoma Statutes shall be known and cited as the Oklahoma Forestry Code.
B. All statutes enacted and codified in Article 16 of Title 2 of the Oklahoma Statutes shall be considered part of the Oklahoma Forestry Code.
Added by Laws 1971, c. 349, § 101, emerg. eff. June 24, 1971. Amended by Laws 1995, c. 238, § 1, eff. Nov. 1, 1995; Laws 2001, c. 113, § 3, emerg. eff. April 18, 2001. Renumbered from § 1301-101 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-2. Definitions.

As used in the Oklahoma Forestry Code:
1. “Director” means the Director of Forestry of the Oklahoma Department of Agriculture, Food, and Forestry;
2. “Division” means the Forestry Division of the Oklahoma Department of Agriculture, Food, and Forestry;
3. “Established property line” means any boundary line which has been:
a.
recognized by adjoining land owners as a boundary and uncontested for at least fifteen (15) years including, but not limited to, fence lines, roads, and natural features,
b.
established by a registered land surveyor, or
c.
uncontested for at least fifteen (15) years;
4. “Forest rangers” means all employees of the Forestry Division who have responsibilities in forest protection, including laborers, mechanics, and other employees who assist in forest protection;
5. “Forest” means a tract of land that is at least ten percent (10%) stocked by trees of any size, whether of commercial or noncommercial species, or formerly having tree cover and not currently developed for nonforest use, including woodlands, woodlots, windbreaks, and shelterbelts;
6. “Logging or timber harvesting operations” means the cutting or harvesting of and removal of timber from a site, leaving the root mass intact;
7. “Owner” means the possessor of a fee interest, a tenant, lessee, occupant, or other person in lawful control of land;
8. “Prescribed burning” means the controlled application by the owner of croplands, rangelands, or forestlands of fire to naturally occurring vegetative fuel under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplish land management objectives;
9. “Timber” means live and dead trees and the profit in any live and dead trees including, but not limited to, bark, foliage, wood, vines, firewood, crossties, and shrubbery;
10. “Timber owner” means any person who owns the right to cut or harvest timber at the time the timber is to be cut or harvested, or who legally owns the severed timber;
11. “Wildfires” means any fire which is not controlled on forests, grasslands, fields, or croplands; and
12. “Wild lands” means any undeveloped lands regardless of kind of vegetative plant cover including forests, prairies, marshes, and swamps.
Added by Laws 1971, c. 349, § 102, emerg. eff. June 24, 1971. Amended by Laws 1995, c. 238, § 2, eff. Nov. 1, 1995. Renumbered from Title 2, § 1301-102 by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001. Amended by Laws 2001, c. 208, § 2, emerg. eff. May 14, 2001; Laws 2001, c. 440, § 2, eff. July 1, 2001; Laws 2007, c. 195, § 1, emerg. eff. May 31, 2007.
NOTE: Laws 2001, c. 113, § 4 repealed by Laws 2001, c. 440, § 6, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-3. Forestry program - Responsibilities.

The State Board of Agriculture shall institute a broad program of education and action in the protection, reforestation, harvesting, and wise use of forests and their products throughout Oklahoma under the provisions the Board shall adopt. These provisions shall include the need for trees and forests to meet the increasing demands for forest products for human consumption, the necessity of environmental improvement to filter out noise and dirt, clean and replenish the atmosphere, to conserve soil, water and wildlife, and to provide outdoor recreation for healthful living. The Board shall administer silviculture best management practices in cooperation with forestry land users under the provisions of state and federal water pollution laws that include the process to identify silviculturally related nonpoint sources of pollution as defined by the Oklahoma Environmental Quality Code and, to the extent feasible, establish procedures and methods to control these sources.
Added by Laws 1971, c. 349, § 103, emerg. eff. June 24, 1971. Amended by Laws 1981, c. 174, § 1; Laws 1993, c. 145, § 351, eff. July 1, 1993; Laws 2001, c. 113, § 5, emerg. eff. April 18, 2001. Renumbered from § 1301-103 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-4. Duties of Board.

It shall be the duty of the State Board of Agriculture under terms the Board determines shall best serve the public interest to assist and cooperate with federal and state departments, educational institutions, counties, towns, corporations, or individuals; to gather and disseminate information about forests, their care and management; to prevent and extinguish wildfires; to enforce all laws pertaining to forests and woodlands; and to monitor the health, inventory, and condition of the state’s forest resources.
Added by Laws 1971, c. 349, § 104, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 6, emerg. eff. April 18, 2001. Renumbered from § 1301-104 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001. Amended by Laws 2006, c. 209, § 1, eff. Nov. 1, 2006; Laws 2007, c. 195, § 2, emerg. eff. May 31, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-5. Forestry Division - Other enforcement agencies.

The laws of this state relating to forestry activities shall be implemented, enforced, and carried out by the State Board of Agriculture through a division of the State Department of Agriculture to be known as the Forestry Division. Other law enforcement agencies of the state shall assist in the prevention, suppression, and investigation of fires, and the enforcement of the Oklahoma Forestry Code.
Added by Laws 1971, c. 349, § 105, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 7, emerg. eff. April 18, 2001. Renumbered from § 1301-105 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-6. Interfering with, molesting or assaulting firefighters - Penalty.

Any person or persons acting in concert who knowingly and willfully interfere with, molest, or assault forest rangers or firefighters in the performance of their duties, or who knowingly and willfully obstruct, interfere with, or impede the progress of forest rangers or firefighters to reach the destination of a fire, or who damage or destroy any vehicles or equipment used to reach or extinguish a fire shall be guilty of a felony.
Added by Laws 1998, c. 300, § 1, eff. Nov. 1, 1998. Amended by Laws 2001, c. 113, § 8, emerg. eff. April 18, 2001. Renumbered from § 1301-105.1 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-7. Director of Forestry - Qualifications - Employment of personnel.

The administrative head of the Forestry Division shall be the Director of Forestry, who shall be a professional forester and be qualified as required by the State Board of Agriculture. Other professional, technical, and practical personnel necessary to discharge the responsibilities of the Forestry Division shall be employed by the Director of Forestry, subject to the approval of the Board.
Added by Laws 1971, c. 349, § 106, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 9, emerg. eff. April 18, 2001. Renumbered from § 1301-106 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-9. Payroll deductions for residence maintenance expenses.

The State Board of Agriculture is authorized to make payroll deductions for maintenance from Forestry Division employees living in residences located on land owned or leased by the Board. Within the next month following payroll deductions, the Board shall deposit these funds in the State Department of Agriculture Revolving Fund created by Section 2-10 of Title 2 of the Oklahoma Statutes. The expenditure of these funds for maintenance shall be limited to repairs, upkeep, and other expenses associated with the residences owned or leased by the Board.
Added by Laws 1984, c. 296, § 62, operative July 1, 1984. Amended by Laws 2001, c. 113, § 11, emerg. eff. April 18, 2001. Renumbered from § 1301-108 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-10. Authorization of forestry cost-share program.

The State Board of Agriculture is authorized to establish and administer a forestry cost-share program. The forestry cost-share program shall provide monies to private landowners for the purpose of implementing forest conservation or management practices on the land as described in forest management plans approved by the Commissioner of the State Department of Agriculture or meeting certain standards established by the Commissioner. The Board shall promulgate rules governing the cost-share program.
Added by Laws 1996, c. 19, § 1, eff. Nov. 1, 1996. Amended by Laws 2001, c. 113, § 12, emerg. eff. April 18, 2001. Renumbered from § 1301-109 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-11. Forestry Cost-Share Fund.

A. There is created within the State Treasury a cost-share fund for the State Board of Agriculture to be designated the "Forestry Cost-Share Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Board to implement and maintain the forestry cost-share program.
B. The Forestry Cost-Share Fund shall consist of:
1. Money received by the Oklahoma Department of Agriculture, Food, and Forestry in the form of gifts, grants, reimbursements, donations, forest industry contributions, funds allocated by federal agencies for landowner forestry cost-share programs, and other monies specifically designated for the forestry cost-share program. All monies accruing to the credit of the fund are appropriated and may be budgeted and expended by the Board for the forestry cost-share program; and
2. Interest attributable to investment of money in the Forestry Cost-Share Fund.
C. All donations or other proceeds received by the Department pursuant to the provisions of this section shall be deposited with the State Treasurer to be credited to the Forestry Cost-Share Fund. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
D. The monies deposited in the Forestry Cost-Share Fund shall at no time become part of the general budget of the Department or any other state agency. Except for any administration costs incurred in development and implementation of the forestry cost-share program, no monies from the Fund shall be transferred for any purpose to any other state agency or any account of the Board or Department or be used for the purpose of contracting with any other state agency or reimbursing any other state agency for any expense.
Added by Laws 1996, c. 19, § 2, eff. Nov. 1, 1996. Amended by Laws 2001, c. 113, § 13, emerg. eff. April 18, 2001. Renumbered from § 1301-110 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001. Amended by Laws 2012, c. 304, § 12.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-12. Application for and allocation of cost-share funds.

A. The State Department of Agriculture may require eligible applicants to submit information, forms, and reports necessary to properly and efficiently administer the forestry cost-share program.
B. Persons may apply to the Commissioner of the State Department of Agriculture for cost-share funds to improve forest lands in the State of Oklahoma, in accordance with rules promulgated by the State Board of Agriculture. To be eligible, landowners shall follow a written forest management plan that has been prepared by a professional forester and approved by the Commissioner or that meets standards established by the Commissioner. Applications for funds shall be approved or denied by the Department in accordance with criteria promulgated by the Board.
C. The Commissioner shall allocate monies from the Fund to eligible landowners on a matching basis.
Added by Laws 1996, c. 19, § 3, eff. Nov. 1, 1996. Amended by Laws 2001, c. 113, § 14, emerg. eff. April 18, 2001. Renumbered from § 1301-111 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-21. Organization of protection areas.

The Division shall organize forest protection areas to prevent, detect, and suppress wildfires most effectively, and may employ forest rangers to have charge of its activities in each area; may subdivide each area into patrol areas; may construct lookout towers, roads, bridges, firelines, office facilities, and communication facilities; may purchase tools for firefighting as well as other necessary supplies and equipment; and may carry on all activities necessary to protect the area effectively from fires.
Added by Laws 1971, c. 349, § 201, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 16, emerg. eff. April 18, 2001. Renumbered from § 1301-201 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-22. Road crews to extinguish fires.

Every member of a road construction or maintenance crew, whether employed by the State Highway Department or county commissioners of any county, and every road contractor or subcontractor of the Highway Department or county commissioners and their employees shall keep all fires under control and confined to the right-of-way of any state, county or public road, or highway on and adjacent to which the crew, contractor, subcontractor, and employees are employed.
Added by Laws 1971, c. 349, § 202, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 17, emerg. eff. April 18, 2001. Renumbered from § 1301-202 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-23. Adoption of rules for road crews.

The State Department of Highways and the county commissioners of the several counties of this state shall require their construction and maintenance crews, contractors, subcontractors, and employees to comply with the provisions of the Oklahoma Forestry Code, and the highway department or county commissioners may adopt and promulgate rules for the observance of the crews, contractors, subcontractors, and employees in carrying out the purposes and provisions of the Oklahoma Forestry Code.
Added by Laws 1971, c. 349, § 203, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 18, emerg. eff. April 18, 2001. Renumbered from § 1301-203 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-24. Refusal of road crews.

Any road foreman or member of a road construction or maintenance crew, or any foreman, superintendent, or employee of any road contractor or subcontractor, who shall, without sufficient cause, willfully refuse or neglect to prevent and suppress fires as provided in the Oklahoma Forestry Code shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than Five Hundred Dollars ($500.00), by imprisonment for not more than one (1) year, or by both.
Added by Laws 1971, c. 349, § 204, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 19, emerg. eff. April 18, 2001. Renumbered from § 1301-204 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-24.1. Lawful burning.

A. It shall be lawful for an owner of croplands, rangelands, grasslands, forestlands, or other wild lands to set the croplands, rangelands, grasslands, forestlands, or other wild lands on fire for the purposes of:
1. Managing and manipulating plant species present whether grass, weeds, brush, or trees; and
2. Destroying detrimental or unwanted plants, plant parts, shrubs or trees on the croplands, rangelands, grasslands, forestlands, or other wild lands; and
3. Cedar tree eradication.
B. The provisions of this section shall not be construed to exempt or release a person from civil liability for damages or injury incurred as a result of the burn or for criminal liability as imposed pursuant to the Oklahoma Forestry Code.
Added by Laws 2001, c. 208, § 3, emerg. eff. May 14, 2001. Amended by Laws 2006, c. 268, § 1, eff. Nov. 1, 2006; Laws 2007, c. 195, § 4, emerg. eff. May 31, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-25. Unlawful burning.

A. It is unlawful for any person to carelessly or willfully burn or cause to be burned or to set fire to or cause any fire to be set to any forest, grass, crops, rangeland, or other wild lands not owned by, duly authorized by the owner or manager, or in the lawful possession of, the person setting the fire or burning the lands or causing the fire to be burned.
B. Any person who carelessly violates this section is guilty of a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00), by imprisonment for not more than one (1) year, or both. Any person who willfully violates this section is guilty of a felony punishable by a fine of not more than Five Thousand Dollars ($5,000.00), by imprisonment for not more than three (3) years, or by both.
C. Any person who carelessly or willfully burns, causes to be burned, sets fire, or causes fire to be set, any forest, grass, croplands, or woodlands not owned by, duly authorized by the owner or manager, or in lawful possession of, shall be liable in a civil action to any person injured or damaged by a fire to the amount of the injury or damages.
Added by Laws 1971, c. 349, § 205, emerg. eff. June 24, 1971. Amended by Laws 1997, c. 133, § 98, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 34, eff. July 1, 1999; Laws 2001, c. 113, § 20, emerg. eff. April 18, 2001. Renumbered from § 1301-205 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001. Amended by Laws 2007, c. 195, § 5, emerg. eff. May 31, 2007.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 98 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-27. Camp fires.

It is unlawful for any person to willfully, negligently, or carelessly build a warming or camp fire and leave the fire unextinguished or allow the fire to spread. Any person who violates this section is guilty of a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00), by imprisonment for not more than one (1) year, or both.
Added by Laws 1971, c. 349, § 207, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 22, emerg. eff. April 18, 2001. Renumbered from § 1301-207 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-28.1. Procedures to lawfully burn land - Civil and criminal liability.

A. It is unlawful for any person either willfully or carelessly to burn, cause to be burned, to set fire to, or cause fire to be set to any forest, grass, croplands, rangeland, or other wild lands, by an owner of such property, except under the following circumstances:
1. In protection areas, notification to burn shall be made by the owner to the local office or local representative of the Forestry Division at least four (4) hours in advance and verbal or written approval obtained. In addition to the notification requirements of this paragraph, any owner conducting a limited liability burn in a protected area shall comply with the provisions of Section 16-28.2 of Title 2 of the Oklahoma Statutes; or
2. Outside protection areas, in order for prescribed or controlled burning to be lawful, an owner shall take reasonable precaution against the spreading of fire to other lands by providing adequate firelines, manpower, and fire fighting equipment for the control of the fire, shall watch over the fire until it is extinguished and shall not permit fire to escape to adjoining land.
B. Nothing in this section shall relieve the person from the obligation to confine the fire to the owner's, agent's, or tenant's land.
C. The Oklahoma Forestry Code shall not apply to trimming or cutting of trees by public or private utilities for the purpose of eliminating interference with utility lines, poles, or other utility equipment.
D. 1. Except as otherwise provided by Section 16-28.2 of this title, any person:
a.
who, whether by accident, neglect or intent, causes or allows damage or injury to occur to any ranch, buildings, improvements, hay, grass, crops, fencings, timber, marsh, or other property of another person by any fire described and conducted pursuant to this section, shall be civilly responsible for such damage or injury so caused pursuant to Section 16-30 of Title 2 of the Oklahoma Statutes, and
b.
who carelessly violates this section is guilty of a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00), by imprisonment for not more than one (1) year, or both.
2. In addition to civil liability, any person who willfully violates this section is guilty of a felony punishable by a fine of not more than One Thousand Dollars ($1,000.00), by imprisonment for not more than three (3) years, or by both.
E. Fire set under the provisions of this section shall not be allowed to spread beyond the control of the person setting the fire and shall be subdued and extinguished.
Added by Laws 2007, c. 195, § 7, emerg. eff. May 31, 2007.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-30. Civil liability.

Any person violating any of the provisions of the Oklahoma Forestry Code shall be liable for all damages caused by any violation, damages shall be recoverable in any court of competent jurisdiction.
Added by Laws 1971, c. 349, § 209, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 24, emerg. eff. April 18, 2001. Renumbered from § 1301-209 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-31. Rewards.

The Forestry Division of the State Department of Agriculture may offer and pay rewards for information leading to the arrest and conviction of any person violating any of the provisions of the Oklahoma Forestry Code.
Added by Laws 1971, c. 349, § 210, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 25, emerg. eff. April 18, 2001. Renumbered from § 1301-210 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-32. Liability for costs of suppressing fires.

Whoever willfully or carelessly shall cause an unlawful forest, grass, crops, or woods fire shall, in addition to all other penalties provided by law, be liable for payment of all reasonable costs and expenses incurred in suppressing the fire. The costs and expenses shall be payable to the Forestry Division or other governmental units, who shall, in the case of cooperating persons, disburse the funds in proportionate share based on standard suppression costs. When the costs and expenses are not paid within ninety (90) days after written notice of demand, it shall be the duty of the district attorney having jurisdiction to take proper legal proceedings for collection. The liability for costs of suppression shall exist whether there is criminal prosecution or not and the liability shall extend to the person or persons causing, directing, or permitting the activity as well as to the actual violator.
Added by Laws 1971, c. 349, § 212, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 26, emerg. eff. April 18, 2001. Renumbered from § 1301-212 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-33. Penalty for mutilating or destroying state forestry or fire controlsigns and posters.

Whoever intentionally breaks down, mutilates, removes, or destroys any fire control or forestry sign or poster of the Division of Forestry erected in the administration of its lawful duties and authorities shall be guilty of a misdemeanor and shall be subject to imprisonment not exceeding three (3) months, by fine not exceeding Two Hundred Dollars ($200.00), or by both.
Added by Laws 1971, c. 349, § 213, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 27, emerg. eff. April 18, 2001. Renumbered from § 1301-213 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-34. Illegal possession of incendiary device.

A. Any person possessing any incendiary device as defined by subsection B of this section with the intent to use the device for the purpose of burning or setting fire to any forest, grass, crops, or woodlands that the person possessing that device is not the owner of nor in possession of lawfully, as under a lease, shall be guilty of a felony punishable by a fine of not more than One Thousand Dollars ($1,000.00), by imprisonment for not more than three (3) years, or by both.
B. The term “incendiary device” as used in this section includes, but is not limited to, any “slow match” which is any device contrived to accomplish the delayed ignition of a match or matches or other flammable material by the use of a cigarette, rope, or candle to which the match or matches are attached, or a magnifying glass focused to intensify heat on flammable material and cause a fire to start at a subsequent time, or any chemicals, chemically treated paper or material, or other combustible material arranged or designed to make possible its use as a delayed firing device.
Added by Laws 1971, c. 349, § 214, emerg. eff. June 24, 1971. Amended by Laws 1997, c. 133, § 100, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 36, eff. July 1, 1999; Laws 2001, c. 113, § 28, emerg. eff. April 18, 2001. Renumbered from § 1301-214 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 100 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-36. When compact operative - Exchange of official documents.

When the Governor executes the compact on behalf of this state and causes a verified copy of the compact to be filed with the Secretary of State, and when the compact has been ratified by one or more of the states named in Section 16-35 of this title, then the compact shall become operative and effective as between this state and any other state or states. The Governor is authorized and directed to take action necessary to complete the exchange of official documents between this state and any other state ratifying the compact.
Added by Laws 1953, p. 572, § 2. Renumbered from § 354.2 of Title 74 by Laws 1971, c. 349, § 402, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 30, emerg. eff. April 18, 2001. Renumbered from § 1301-216 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-37. Governor as Compact Administrator - Delegation of duties.

The Governor is designated as the official Compact Administrator of the State of Oklahoma under the South Central Interstate Forest Fire Protection Compact and shall exercise and perform for the State of Oklahoma all the powers and duties imposed by the compact upon the Compact Administrator. The Governor shall have authority to delegate the exercise of the powers and duties to the Director of Forestry, Division of Forestry, State Board of Agriculture. The Director of Forestry shall be Assistant Compact Administrator and shall act as the official representative of the State of Oklahoma and the Compact Administrator pursuant to the delegation to the Assistant Compact Administrator of the powers and duties. In addition, the Assistant Compact Administrator shall perform other duties as the Governor may designate that are necessary to enable the State of Oklahoma to cooperate in accomplishing the objectives of the compact.
Added by Laws 1953, p. 572, § 3. Renumbered from § 354.3 of Title 74 by Laws 1971, c. 349, § 402, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 31, emerg. eff. April 18, 2001. Renumbered from § 1301-217 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-38. Advisory Committee.

The Oklahoma members of the Advisory Committee referred to in Article III of the South Central Interstate Forest Fire Protection Compact shall be selected as follows: One member shall be named from the membership of the Senate of the State of Oklahoma by the President Pro Tempore; One member shall be named from the membership of the House of Representatives of the State of Oklahoma by the Speaker of the House; Two members shall be appointed by the Governor, provided, that one of the two members appointed by the Governor shall be the President of the State Board of Agriculture, and the other member appointed by the Governor shall be a person associated with forestry or forest products industries.
Added by Laws 1953, p. 573, § 4. Renumbered from § 354.4 of Title 74 by Laws 1971, c. 349, § 402, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 32, emerg. eff. April 18, 2001. Renumbered from § 1301-218 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-39. Compensation for injury or death.

Any employee of the State of Oklahoma who is injured or killed while rendering aid outside the State of Oklahoma pursuant to the provisions of the South Central Interstate Forest Fire Protection Compact shall be entitled to compensation and death benefits, if any, in the same manner and on the same terms as if the injury or death were sustained within the State of Oklahoma.
Laws 1953, p. 573, § 5. Renumbered from Title 74, § 354.5 by Laws 1971, c. 349, § 402, emerg. eff. June 24, 1971. Renumbered from § 1301-219 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-40. Actions for damages - Pleading and proof of title to realty unnecessary – Railroads’ liability for damages by fire.

In any action instituted in any court to recover damages under the provisions of the Oklahoma Forestry Code, it shall not be necessary for any person, injured by any fire to allege in pleadings or prove on trial title to the real property over which the fire has spread, but it shall be sufficient in any action to allege and prove that the person injured was in the occupancy or possession of any ranch, buildings, improvements, hay, grass, crops, fencing, timber, marsh, or other property, claiming the right to and occupying with cattle any cattle range; it being the purpose and intention of this code to protect the possession of any person whether the person has title to the land claimed or occupied or not. Any railroad company operating any line in this state shall be liable for all damages sustained by fire originating from operating its road.
R.L.1910, § 114. Amended by Laws 2001, c. 113, § 2, emerg. eff. April 18, 2001. Renumbered from § 748 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-51. Board may acquire land for forestry purposes.

The State Board of Agriculture for its Forestry Division on behalf of the state may acquire land suitable for nurseries, seed orchards, state forests, school forests, tower,
recreation and other sites by gift, donation, or purchase and may enter into agreements with the federal government or other agency for acquiring by gift or purchase the lands that are, in the judgment of the Board, suitable and desirable for the above purposes.
Added by Laws 1971, c. 349, § 301, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 33, emerg. eff. April 18, 2001. Renumbered from § 1301-301 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-53. Use of lands acquired.

All lands acquired by the State Board of Agriculture on behalf of the state shall be in the custody of and subject to the jurisdiction, management, and control of the Board and, for the purposes and the utilization and development of the land, the Board may use the proceeds of the sale of any products; the proceeds of the sale of any lands, save the twenty-five percent (25%) of the proceeds which shall be paid into the state school fund; and other funds appropriated for use by the Board and, in the opinion of the Board, available for any uses and purposes.
Added by Laws 1971, c. 349, § 303, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 35, emerg. eff. April 18, 2001. Renumbered from § 1301-303 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-54. Disposition of lands.

The State Board of Agriculture may sell, exchange, lease, or dispose of any lands under its jurisdiction by the provisions of the Oklahoma Forestry Code when in its judgment it is advantageous to the state. All sales, exchanges, leases, or dispositions of lands shall be at least upon a thirty-day public notice, to be given by the Board, and shall be by sealed competitive bids, and awarded to the highest bidder.
Added by Laws 1971, c. 349, § 304, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 36, emerg. eff. April 18, 2001. Renumbered from § 1301-304 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-55. Urban forestry duties - Shade and environmental improvement.

The State Board of Agriculture is empowered to cooperate with the United States Secretary of Agriculture and with communities, towns, cities, and individuals in the planning, care, and management of trees and forests for shade, ornamental, and recreational purposes, and to improve air quality, reduce noise, and conserve soil, water, and ecological balance. Forest management to meet human needs for forest products is also authorized.
Added by Laws 1971, c. 349, § 305, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 37, emerg. eff. April 18, 2001. Renumbered from § 1301-305 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-56. Scientific forest management on state lands, wilderness excepted.

The purpose of the provisions of the Oklahoma Forestry Code relating to forest management is to encourage the practice of scientific forest management on all lands owned by the State of Oklahoma according to standards that shall manage, protect, utilize, and perpetuate suitable trees for their many benefits. The provisions of the Oklahoma Forestry Code shall not be construed to apply to state-owned land in wilderness areas.
Added by Laws 1971, c. 349, § 306, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 38, emerg. eff. April 18, 2001. Renumbered from § 1301-306 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-57. Advice by director of forestry - Forest management for all state agencies.

The Director shall have authority to advise the several agencies, departments, institutions, bureaus, offices, and all other administrative units of the State of Oklahoma, having state-owned lands under their control, concerning forestry management practices and programs that shall most effectively carry out the purposes of the Oklahoma Forestry Code. The Director shall issue, or cause to be issued, the most scientific forestry management practice and shall distribute this information, assisted financially by the administrative unit of state government having control over the lands.
Added by Laws 1971, c. 349, § 307, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 39, emerg. eff. April 18, 2001. Renumbered from § 1301-307 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-58. State land management guidelines.

To effectuate the purposes of the Oklahoma Forestry Code, the Director of Forestry, or persons designated by the Director, shall have authority, and it shall be the Director’s duty, to prescribe rules necessary to insure the conservation and protection of suitable trees on lands owned by the State of Oklahoma. The rules shall include, but shall not be limited to, the following:
1. Require that a good growing stock of suitable trees shall be established and maintained on the land at all times to bring the land to full productivity;
2. Provide that suitable trees be managed for the most profitable products or other benefits; and
3. Require adequate fire protection at all times.
Added by Laws 1971, c. 349, § 308, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 40, emerg. eff. April 18, 2001. Renumbered from § 1301-308 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-59. Removal of pine timber or products from state lands.

No timber or other timber products shall be removed from any lands owned by the State of Oklahoma, except for public utilities and improvements, and no officer, employee, or any other person employed by the State of Oklahoma shall authorize the removal, except upon written approval of the Director of Forestry. In carrying out the duties of this section, the Director is authorized to delegate authority to persons qualified to act in the Director’s behalf.
Any person violating this section shall be guilty of a felony and upon conviction be punished, for the first offense by a fine not exceeding One Thousand Dollars ($1,000.00), by imprisonment in the State Penitentiary for not exceeding one (1) year, or by both. For any subsequent offense, the person shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00), by imprisonment in the State Penitentiary for not exceeding three (3) years, or both.
Added by Laws 1971, c. 349, § 309, emerg. eff. June 24, 1971. Amended by Laws 1997, c. 133, § 101, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 37, eff. July 1, 1999; Laws 2001, c. 113, § 41, emerg. eff. April 18, 2001. Renumbered from § 1301-309 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 101 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-60. Wrongful injuries to timber - Criminal penalties.

A. 1. Any person who intentionally, willfully, maliciously, or unlawfully enters upon the lands of another to cut down, injure, remove, or destroy any timber valued at more than Two Hundred Dollars ($200.00), without the permission of the owner or the owner’s representative shall be guilty, upon conviction, of a felony, punishable by the imposition of a fine of not more than Ten Thousand Dollars ($10,000.00), by imprisonment in the State Penitentiary for not more than five (5) years, or both.
2. Any person who intentionally, willfully, maliciously, or unlawfully enters upon the lands of another to cut down, injure, remove, or destroy any timber valued at Two Hundred Dollars ($200.00) or less, without the permission of the owner or the owner’s representative shall be guilty, upon conviction, of a misdemeanor, punishable by the imposition of a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail for not more than thirty (30) days.
3. The necessary trimming and removal of timber to permit the construction, repair, maintenance, cleanup, and operations of pipelines and utility lines and appurtenances of public utilities, public service corporations, and to aid registered land surveyors and professional engineers in the performance of their professional services, and municipalities, and pipeline companies, or lawful operators and product purchasers of oil and gas shall not be deemed a willful and intentional cutting down, injuring, removing, or destroying of timber.
4. The necessary trimming and removal of timber for boundary line maintenance, for the construction, maintenance, and repair of streets, roads, and highways or for the control and regulation of traffic by the state and its political subdivisions or registered land surveyors and professional engineers shall not be deemed a willful and intentional cutting down, injuring, removing, or destroying of timber.
B. In addition to the punishment prescribed in subsection A of this section, the person is liable in damages pursuant to Section 72 of Title 23 of the Oklahoma Statutes for the damage or injury done to the timber, the damages to be recovered in a civil action by the owner of the property or the public officer having charge of the property.
Added by Laws 1971, c. 349, § 310, emerg. eff. June 24, 1971. Amended by Laws 1982, c. 152, § 1, operative Oct. 1, 1982; Laws 1983, c. 323, § 1, eff. Nov. 1, 1983; Laws 1995, c. 238, § 3, eff. Nov. 1, 1995; Laws 1997, c. 133, § 102, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 38, eff. July 1, 1999; Laws 2001, c. 113, § 42, emerg. eff. April 18, 2001. Renumbered from § 1301-310 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 102 from July 1, 1998, to July 1, 1999.