Prescribed fires conducted pursuant to this chapter:

1. (1) must have a prescribed fire plan prepared before authorization to burn is given by the State Commission of Forestry, and the plan must be on site and followed during the burn;
2. (2) must have at least one certified prescribed fire manager present and supervising the burn from ignition until it is declared safe according to certification guidelines;
3. (3) are considered in the public interest and do not constitute a public or private nuisance when conducted pursuant to state air pollution statutes, smoke management guidelines, and regulations applicable to the use of prescribed fire;
4. (4) are considered a property right of the property owner.

HISTORY: 1994 Act No. 325, Section 1.