ORS 526.360: Assistance with developing lands; supervision of certain burning; refusal of supervision or permit; Certified Burn Manager program; rules; liability for damage.

(1) The State Board of Forestry, the State Forester and forest protective associations may assist to the extent practical in developing, for forestry, grazing or agricultural uses, lands within a forest protection district, as described in ORS 477.205 to 477.281, for such uses, including the burning of brush or other flammable material for the purpose of: (a) Removing a fire hazard to any property; (b) Preparing seed beds; (c) Removing obstructions to or interference with the proper seeding or agricultural or grazing development or use of that land; (d) Promoting the establishment of new forest crops on cutover, denuded or underproductive lands; (e) Implementing pest prevention and suppression activities, as provided in ORS 527.310 to 527.370; or (f) Promoting improvements to forest health, including improvements to fish and wildlife habitat. (2) Upon request of the owner or the agent of the owner of lands within a forest protection district, the forester or a forest protective association may perform or supervise burning operations thereon for any of the purposes stated in subsection (1) of this section. The owner or the agent of the owner shall supply such personnel and equipment and shall perform such fire control actions and activities as the forester or forest protective association may require while there is danger of the fire spreading. The forester or forest protective association may refuse to perform or supervise burning or to issue any burning permit when, in the judgment of the forester or forest protective association, conditions so warrant. (3) To accomplish the purposes set forth in subsection (1) of this section, the board shall establish by rule a Certified Burn Manager program. (4) The rules shall include: (a) Certification standards, requirements and procedures; (b) Standards, requirements and procedures to revoke certification; (c) Actions and activities that a Certified Burn Manager must perform; (d) Actions and activities that a Certified Burn Manager may not allow or perform; (e) Limitations on the use of a Certified Burn Manager; and (f) Any other standard, requirement or procedure that the board considers necessary for the safe and effective administration of the program. (5) The rules may establish and impose fees for participation in the program. (6) When a burning for any of the purposes stated in subsection (1) of this section on lands within a forest protection district is started under the supervision of and supervised by the forester, a forest protective association or a Certified Burn Manager, a person may not be held liable for property damage resulting from that burning unless the damage is caused by the negligence of the person. [Amended by 1965 c.253 §42; 1967 c.429 §33; 1999 c.101 §2; 2021 c.592 §26; 2023 c.611 §18]