Delaware Statewide Rule
Delaware Forest and Wild-Land Fire Statute
Key Facts
- Statute
- 3 Del. C. §§ 1041-1043
- Willful fire penalty
- $200-$5,000 or 2 years
- Careless fire penalty
- $100-$500 fine
- Marsh burning cutoff
- Prohibited after April 1
- Enforcing agency
- Delaware Forest Service
Summary
Delaware makes it a crime to set fire to any forest, wild land, or woodland. Willfully torching another owner's forest carries a $200-$5,000 fine and up to two years in prison under the Title 3 forestry code.
Whoever wilfully or maliciously sets fire to any woodlot, forest, wild land, property, material or vegetation being or growing upon the lands of another shall be fined not less than $200, nor more than $5,000, or imprisoned not more than 2 years, or both.
Full Breakdown
Under 3 Del. C. Chapter 10, Subchapter IV, the Delaware Forest Service enforces three tiers of forest-fire liability. Section 1041 punishes anyone who wilfully or maliciously sets fire to a woodlot, forest, or wild land of another with a $200-$5,000 fine, up to two years imprisonment, or both. Section 1042 fines careless burners who let a fire escape onto another's land $100-$500. Section 1043 bans setting any woodland on fire and prohibits marsh burning after April 1, adding a $200-$1,000 fine plus damages owed to injured property owners.
Violations & Penalties
Willful forest arson: $200-$5,000 fine, up to 2 years imprisonment, or both. Careless escaped fires: $100-$500. Setting woodland ablaze or burning marsh after April 1: $200-$1,000 plus civil damages to property owners.
Frequently Asked Questions
Can I burn brush on my own woodland in Delaware?
When is marsh burning banned in Delaware?
Sources
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