Alabama Statewide Rule
Alabama Governor and Forestry Commission Burn Ban Authority
Key Facts
- Authority
- State Forestry Commission (with Governor)
- Statute
- Ala. Code § 9-13-141
- Trigger
- Declared drought emergency
- Scope
- Statewide or by county
- Index used
- Keetch-Byram Drought Index
Summary
Alabama's State Forestry Commission may declare a drought emergency by regulation under Ala. Code § 9-13-141, making all outdoor burning unlawful in the affected counties. Such declarations - often issued together with the Governor - override local burning permission.
At such time as the State Forestry Commission has declared a wildfire emergency in any county or counties, it shall be unlawful in the county or counties for any person to set fire to any forest, grass, woods, wildlands, or marshes or to build a campfire or bonfire or to burn trash or other material that may cause a forest, grass, or woods fire. This prohibition does not apply to any backfire set by an official representative or agent of the State Forestry Commission. Nor does this prohibition apply when a backfire is set by any person for the purpose of saving life or property, provided that the person shall have the burden of proving the necessity for setting the backfire if he or she claims same as a defense.
Full Breakdown
Ala. Code § 9-13-141 provides that when the Alabama Forestry Commission declares a drought emergency in one or more counties, it is unlawful there to set fire to any forest, grass, woods, or wildlands, to build a campfire or bonfire, or to burn trash that may cause a fire. The Commission monitors the Keetch-Byram Drought Index and, working with the Governor's office (which also issues statewide 'no burn' orders), suspends outdoor burning during high wildfire danger. These declarations prohibit open burning regardless of any permit previously issued, and supersede municipal authority to allow burning until the order is lifted.
Violations & Penalties
Burning in violation of a declared drought-emergency 'no burn' order is a misdemeanor and can bring liability for fire-suppression costs and damage to neighboring property if a fire escapes.
Frequently Asked Questions
How do I know if Alabama has a burn ban in effect?
Do existing burn permits remain valid during a state burn ban?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.