Wyo. Code R. 060-0002-27
Land Commissioners, Board of
Chapter 27: Prescribed Burns
Effective Date: 09/23/2004 to Current
Rule Type: Current Rules & Regulations
Reference Number: 060.0002.27.09232004
BOARD OF LAND COMMISSIONERS
(a) These rules are promulgated under the authority granted by W.S. 36-2-107.
As used in this chapter:
(h) 'Prescribed Burn Consent Agreement' means an agreement, in the form approved by the Board, executed by (1) the Responsible Party, (2) every lessee, special or temporary use lease/permit holder, and easement holder, within the boundaries of the Prescribed Burn, and (3) the Office (only if all other Prescribed Burn conditions are satisfied).
(i) 'Responsible Party' means the Person organizing, developing, implementing, and assuming liability and responsibility for a Prescribed Burn; provided, however, the term 'Responsible Party' shall not include the Office or Wyoming Division of Forestry. For the purposes of this Chapter, there shall be only one Responsible Party for a Prescribed Burn, as identified in the Prescribed Burn Consent Agreement.
(j) 'State Lands' means all lands under the jurisdiction of the Board.
(a) To the extent required to carry out the provisions of this Chapter, the Board delegates discretion to the Director to decide whether to approve or deny a Prescribed Burn Application. For every Prescribed Burn Application approved, the Director shall prepare an informational Board matter pursuant to Chapter 1 of these rules.
(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 Burn Application with the Office which shall include each of the following items:
(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 Burn. 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.
(a) Within twenty (20) days of its receipt of the Prescribed Burn Application, the Office shall, in writing, approve, deny, or request more information from the Responsible Party. The Office's approval of the Prescribed Burn Application shall be evidenced by its execution and delivery of the Prescribed Burn Consent Agreement to the Responsible Party. In the event the Office requests additional information, it shall approve or deny, in writing, the Prescribed Burn Application within fifteen (15) days of its receipt of any such additional information. A Prescribed Burn Application shall not be considered approved, and the Responsible Party may not include State Lands in a Prescribed Burn, unless and until the Responsible Party has received the Prescribed Burn Consent Agreement executed by the Office.
(b) The Office may condition its approval of the Prescribed Burn upon the implementation of a range management plan, including the imposition of a grazing deferral, or any other condition that the Office deems necessary or advisable, in its sole discretion. The Office shall provide to the Responsible Party and every surface lessee of State Lands identified in the Prescribed Burn Application, in writing, a copy of any conditions imposed by the Office pursuant to this paragraph. The Office may adjust the carrying capacity of the lease impacted by a condition imposed hereunder.
(c) In reaching its determination of whether to approve or deny a Prescribed Burn Application, the Office may consider some or all of the following items:
(i) Whether the Prescribed Burn will interfere with an existing, planned, or proposed use of the applicable State Lands;
(ii) Whether the Prescribed Burn will interfere with any mineral development on the applicable State Lands;
(iii) Whether the Prescribed Burn will adversely impact the fair market value of the applicable State Lands;
(iv) Whether the Prescribed Burn will adversely impact the Office's management of the State Land's forest resources;
(v) Whether drought conditions exist that may increase the risk of a Prescribed Burn becoming uncontrolled;
(vi) Whether the Prescribed Burn will adversely impact the health and safety of area residents; and
(vii) Any other information or considerations the Office deems necessary or appropriate.
(a) At any time prior to the start of a Prescribed Burn, the Office may withdraw and revoke its approval of any Prescribed Burn Application by providing oral notice to the Responsible Party and every lessee that has executed the Prescribed Burn Consent Agreement, which shall be confirmed in writing within five days of said oral notification.
(a) Any notice or other information that is required to be given to the Office under this Chapter shall be delivered to the following:
Office of State Lands and Investment c/o Real Estate and Farm Loan Division Herschler Building, 3W 122 W. 25th Street Cheyenne, WY 82002-0600