Senate bill NO. 448

INTRODUCED BY M. Cuffe

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT REGULATING UNATTENDED FIRES CONDUCTED UNDER FIRE HAZARD REDUCTION AGREEMENTS; and PROVIDING AN IMMEDIATE EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Fire hazard reduction agreement -- slash burning. (1) Slash burning as part of hazard reduction agreements must be conducted under rules adopted pursuant to this part and burning notification requirements adopted pursuant to 7-33-2205.

(2)        Immediate or continuous presence is not required for slash burning conducted under this section provided that:

(a)        significant precipitation, the presence of persistent snow cover, fuel moisture conditions, or a combination of those factors sufficiently inhibit the chance of fire spreading under current and foreseeable weather conditions;

(b)        there is an absence of high wind events or warnings for the slash burning period that would cause the fire or embers to spread beyond the intended location;

(c)        the slash burn location is sufficiently monitored, patrolled, or both until the risk of fire spread subsides. This includes at least one site visit to ensure containment.

(3)        Nothing in this section absolves the holder of a fire hazard reduction agreement from operating with reasonable care and caution or the provisions of 50-63-102 and 50-63-103.

Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 76, chapter 13, part 4, and the provisions of Title 76, chapter 13, part 4, apply to [section 1].

Section 3. Effective date. [This act] is effective on passage and approval.