At such time as the State Forestry Commission has declared a wildfire emergency in any county or counties, it shall be unlawful in the county or counties for any person to set fire to any forest, grass, woods, wildlands, or marshes or to build a campfire or bonfire or to burn trash or other material that may cause a forest, grass, or woods fire. This prohibition does not apply to any backfire set by an official representative or agent of the State Forestry Commission. Nor does this prohibition apply when a backfire is set by any person for the purpose of saving life or property, provided that the person shall have the burden of proving the necessity for setting the backfire if he or she claims same as a defense.

(Acts 1967, No. 727, p. 1562, §2; Act 2026-402, §1.)