A certified prescribed fire manager or a landowner or landowner's agent using a certified prescribed fire manager who conducts a prescribed fire in compliance with this part and the rules adopted by the department is not liable for injury to or destruction of property arising from a wildfire, except to the extent evidence demonstrates that:

1. (1) an action or omission of the certified prescribed fire manager, landowner, or landowner's agent constituted negligence or a higher degree of fault; and
2. (2) the action or omission caused or contributed to the cause of the wildfire or caused or contributed to the wildfire spreading.

History: En. Sec. 5, Ch. 635, L. 2025.