Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 27 - PRESCRIBED BURNS › Section 27-4 - Process

Current through July 13, 2024
(a) Improvement Applications. Requests to
				include State Lands in Prescribed Burns will no longer be processed by the
				Office pursuant to an application for improvements filed under Chapters 4 and 5
				of the Board's Rules.
(b)
				Prescribed Burn Restriction/Prohibition. A Prescribed Burn shall not include
				any State Lands until the requirements of this Section are satisfied; provided,
				however, the Director in her or his sole discretion may waive one or more of
				the requirements contained in this Section.
(c) Initial Notification. The Office requests
				that a Responsible Party notify the Office, in writing, once it begins planning
				a Prescribed Burn that will include State Lands, if approved by the Office. Any
				such notification should include the legal description of the State Lands that
				will be included in any such future Prescribed Burn plan. The failure of a
				Responsible Party to provide an initial notification to the Office will not
				adversely affect the potential approval of a Prescribed Burn Application by the
				Office.
(d) Application. Not less
				than sixty days (60) prior to the scheduled burn date for a Prescribed Burn
				that will, if approved by the Office, include State Lands, the Responsible
				Party shall submit a Prescribed Bum Application with the Office which shall
				include each of the following items:
(i) A
				Prescribed Burn Consent Agreement;
(ii) A Prescribed Burn plan which shall, at a
				minimum, include each of the following items:
(1) The name, address and phone number of the
				Responsible Party;
(2) For all
				applicants other than the Federal Government, the name, address and phone
				number of the burn contractor performing the Prescribed Burn or burn boss, if
				applicable;
(3) The legal
				description of the area to be burned, the objectives of the Prescribed Burn,
				and the Prescribed Burn prescription/parameters;
(4) A summary of the methods to be used to
				start, control and extinguish the Prescribed Burn;
(5) The legal description of the State Lands
				that the Responsible Party would like to include in the Prescribed Burn;
				and
(6) A map that clearly
				identifies all of the land included in the Prescribed Burn and identifies the
				owners of any such lands.
(iii) In the event the Responsible Party is a
				non-governmental Person, proof of insurance or other financial statements of
				the Responsible Party, satisfactory to the Office in its sole discretion, which
				demonstrates the Responsible Party's ability to satisfy any suppression costs,
				potential damage and indemnification claims that may arise out of the
				Prescribed Burn. The amount of insurance required by this paragraph will depend
				on the nature and scope of the Prescribed Burn and the burn plan submitted by
				the Responsible Party. The insurance policy shall name the Responsible Party as
				the named insured and the State of Wyoming as the named additional insured;
				and
(iv) It is the obligation of
				the Responsible Party to determine exactly what permits, licenses, approvals,
				consents and notifications are required from federal, state and local
				officials, and any third parties in order to conduct a specific Prescribed Bum.
				Therefore, in the Prescribed Burn Consent Agreement the Responsible Party will
				be required to represent and certify that it has satisfied all notification
				requirements and obtained all permits, licenses, approvals and consents
				required to conduct the Prescribed Burn.