1. A. It is unlawful for any person to set fire to any forest, grass, range, crop, or other wild lands, or to build a campfire or bonfire, or to burn trash or other material that may cause a forest, grass, range, crop or other wild lands fire in any county, counties or area within a county where, because of emergency drought conditions, there is gubernatorially proclaimed extraordinary danger from fire, unless the setting of any backfire during the drought emergency is necessary to afford protection as determined by a representative of the Division of Forestry, or unless it can be established that the setting of the backfire was necessary for the purpose of saving life or property. The burden of proving the necessity shall rest on the person claiming a defense. B. The Division of Forestry shall advise the Governor when the lands described in subsection A of this section in any county, counties or area within a county of this state because of emergency drought conditions are in extraordinary danger from fire. The Governor may by proclamation declare a drought emergency to exist and describe the general boundaries of the area affected. C. Any proclamation promulgated by the Governor under authority of this section shall be effective immediately upon the Governor’s signed approval of the emergency proclamation. Notice of the proclamation shall occur through posting on the Oklahoma Department of Agriculture, Food, and Forestry’s website and informing local news media. Evidence of publication or posting as herein provided shall be maintained by the Forestry Division. D. When conditions warrant, due notice of the termination of the emergency shall be promptly made by proclamation, which shall be published or posted in like manner as when officially declared. E. 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.

Laws 1971, SB 243, c. 349, § 206, emerg. eff. June 24, 1971; Amended by Laws 2001, SB 522, c. 113, § 21, emerg. eff. April 18, 2001 (superseded document available); Renumbered from 2 O.S. § 1301-206 by Laws 2001, SB 522, c. 113, § 56, emerg. eff. April 18, 2001; Amended by Laws 2006, SB 1481, c. 209, § 2, eff. November 1, 2006 (superseded document available); Amended by Laws 2007, SB 517, c. 195, § 6, emerg. eff. May 31, 2007 (superseded document available).