Wyo. Code R. 060-0002-9
Land Commissioners, Board of
Chapter 9: Governing Fire Danger Closures
Effective Date: 05/18/2021 to Current
Rule Type: Current Rules & Regulations
Reference Number: 060.0002.9.05182021
Section 1. Authority. This chapter is promulgated under the authority of Wyoming Statute 35-9-303.
Section 2. Definitions. As used in this chapter:
(a) 'Closure' means the imposition of restrictions on, or prohibition of, designated activities within a defined area under the authority of W.S. 35-9-301.
(b) 'Unimproved areas' means the fire restriction area shall include all county and private lands within the restricting County except lands within the incorporated cities and towns.
(c) 'Campfire' means a fire, not within a building, mobile home or living accommodation, mounted on a vehicle or contained in a permanent fixture (incinerator, outdoor fireplace or BBQ grill). A campfire is any fire kindled for warmth, cooking, light, branding, religious or ceremonial purposes.
(d) 'Campsite' means any specific area within organized campgrounds or other recreation areas that could be used for overnight stays by an individual, a single camping family, group, or other similar entity.
(e) 'Fire Ring' means a construction or device used to contain campfires and prevent them from spreading and turning into wildfires. A fire ring is designed to contain a fire that is built directly upon the ground, such as a ring made of forged metal, stones, concrete, etc.
(f) 'Restriction' means a limitation on an activity or use.
(g) 'Fireworks' means any item covered by W.S. 35-10-201
Section 3. Closure Orders. A board of county commissioners shall ~~not~~ order a closure of an area due to fire danger only upon proper showing by the county fire warden of evidence supporting the need for a closure. Closures shall be by written order which shall designate the exact area subject to the order, the activities restricted or prohibited, and the date the closure is to be implemented.
Section 4. Notification of State Forester. Whenever a board of county commissioners orders a Stage 1 restriction, Stage 2 restriction or the closure of an area due to fire danger, the county fire warden shall immediately send a copy of the order to the State Forester.
Section 5. Implementation of Closure Orders. A restriction or closure, as provided in Section 8 shall be implemented immediately or as defined in the order upon execution and notification shall be made to the State Forester.
Section 6. Public Notification. The State Forester shall provide an avenue to be used to notify the public of Stage 1 restrictions and Stage 2 restrictions and full closures under this chapter. The State Forester shall cooperate with all relevant local, state, and federal agencies to ensure that the public is notified of the restriction or closure.
Section 7. Enforcement of Closure Orders. The State Forester shall cooperate with all relevant local, state, and federal agencies to enforce Stage 1 and Stage 2 restrictions, and closure orders in the identified area.
Section 8. Restricted, Prohibited and Allowable Activities. Descriptions of restricted, prohibited, and allowable activities under Stage 1 restrictions, Stage 2 restrictions, and Closures are provided below:
(i) Discharge of fireworks and all outdoor fires are prohibited in-unimproved areas.
(ii) Only campfires at residences or campsites, within a fire ring centered within a minimum of a 15ft. cleared radius of burnable materials.
(iii) Trash or refuse fires between the hours of 6:00 p.m. and 8:00 a.m., inside containers provided with spark arresters and located within a cleared radius of a minimum of 15ft. of burnable materials.
(iv) Charcoal fires within enclosed grills are permitted.
(v) Use of acetylene cutting torches, electric arc welders, or metal grinding in a cleared radius of 15ft. burnable materials are permitted.
(vi) The use of portable stoves, lanterns using gas, jellied petroleum, pressurized liquid fuel or fully enclosed (sheepherder type) stove and open fire branding activities in a cleared radius of 15ft of burnable materials is permitted.
(i) All activities provided in Stage 1 restrictions are prohibited.
(ii) All campfires are prohibited.
(iii) Devices using pressurized liquid or gas (stoves, grills or lanterns) that include shut-off valves are permitted when used in an area at least three feet or more from flammable material such as grasses or pine needles.
(i) All activities provided in Section 8(a) and 8(b) are prohibited.
(ii) Access to the identified area shall be managed by the appropriate jurisdictional agency.
(iii) All outdoor fires, including, but not limited to, trash fires, charcoal fires, portable stoves, lanterns using gas, jellied petroleum, pressurized liquid fuel or fully enclosed (sheepherder type) stove and open fire branding activities are prohibited.
(iv) Smoking shall be restricted to inside vehicles or buildings.
(v) Fires within fireplaces and wood stoves without chimney or flue screens are prohibited.
(vi) All motorized travel shall be restricted to developed roads.
Section 9. Termination of Restrictions and Closure Orders. A board of county commissioners may terminate the restriction or closure order by rescinding the closure order upon a proper showing of evidence by the county fire warden that the fire danger no longer warrants the closure order. The county fire warden shall immediately notify the State Forester if a restriction or closure order is terminated.
Section 10. Exemption from closure orders. The following persons are exempt from the restrictions, and closure orders:
(a) Any federal, state, or local officers engaged in fire, emergency, and law enforcement activities.
(b) Any member of rescue or firefighting force engaged in performance of an official duty.
(c) Exceptions to these restrictions and closures can be made in writing by the appropriate jurisdictional entity.