Since time immemorial, fire has been used as a forest management tool. Introducing periodic fire to fire-adapted landscapes and reducing forest fuels has been shown to reduce the potential for high-intensity wildfires and the huge volume of smoke they produce.
Fire suppression is safer, more effective, and costs less in areas with a recent history of controlled burning. Prescribed forest burning also helps prepare logged sites for replanting, recycling nutrients back into the soil and reducing pests and disease. These planned fires are lit when fire danger is low and weather conditions are favorable for protecting smoke sensitive receptor area (SSRAs) communities from smoke.
While the rates of escape and loss are very low due to the careful planning and preparation required for prescribed fire and cultural burning, there is always some residual risk when working with fire. This risk, and the resulting liability for damages due to escape if uninsured, can deter some practitioners.
In response to Oregonians’ fear about the risk—and with the goal of increasing the pace and scale of controlled burns—The Oregon Department of Forestry has enacted two programs, the Certified Burn Manager (CBM) Program and the Prescribed Fire Liability Program. The overall purpose of both programs is to reduce barriers to prescribed fire in Oregon and protect certified burn managers and landowners from civil liability.
The CBM program, created by Senate Bill 762 (2021), increases capacity for prescribed burns on non-federal, ODF-protected lands through leadership training and a certification program. Through the certification program, individuals seeking to become burn managers learn how to properly plan and oversee a prescribed burn.
When a landowner or community within an ODF protection district uses a certified burn manager, and follows the required burn plan, it protects both from civil liability. The certified burn manager can manage a burn anywhere within ODF protection, whether on their own property or that of other landowners. A potential burn manager does not need to be a landowner to become certified.
The Prescribed Fire Liability Program is intended to increase use of prescribed fire and cultural burning by providing liability coverage for enrolled burns. It authorizes claims covering certain losses arising from escaped prescribed fires and cultural burns. Participation in the program is voluntary.
For your burn to have liability coverage under the program, all the following conditions must be met:
- The burn is enrolled in the program prior to burning.
- The burn is conducted or supervised by an appropriate party for the burn.
- Ensure the burn follows all applicable laws related to the burn (obtain and follow any required permits/burn plan, make required notifications for Certified Burn Manager-led burns, additional paperwork/ submissions for Power Driven Machinery, etc.).
- If the burn escapes, the fire must not be a result of willful, malicious, or negligent actions in the origin or subsequent spread.
Expanding access to safely conducted prescribed burns benefits Oregonians by maintaining healthy forests and reducing risks to public safety.