Mississippi Statewide Rule
Mississippi Wildfire Burn Bans and Forestry Authority
Key Facts
- Statute
- Miss. Code § 49-19-1 et seq.
- Burn-ban restrictions
- Miss. Code § 49-19-351
- Felony woods arson
- Miss. Code § 97-17-13
- Authority
- State Forester / Forestry Commission
- Liability
- Suppression costs recoverable
Summary
The Mississippi Forestry Commission has statewide authority to declare wildfire burn bans, regulate forest fire prevention, and pursue civil and criminal penalties for negligent fires that escape and damage forestland.
Any fire on any forested, cutover, brush lands or grass lands burning uncontrolled is hereby declared a public nuisance by reason of its menace to life and property. Any person, firm or corporation negligently or wilfully and maliciously responsible for the starting or the existence of such fire on land other than his own is hereby required to control or extinguish it immediately, and if said person, firm or corporation shall wilfully refuse, neglect or fail to do so, any organized fire suppression agency recognized by the Mississippi Forestry Commission, may summarily abate the nuisance thus constituted by controlling or extinguishing the fire. The cost of abating such nuisance, with all costs and reasonable attorney's fees to be allowed by the court, may be recovered from the person, firm or corporation responsible for such nuisance by civil action in the proper court, action for said recovery to be filed by the agency abating the nuisance. This section shall not impair any remedy now allowed by law.
Full Breakdown
Under Miss. Code Ann. Section 49-19-1 et seq., the Mississippi Forestry Commission and State Forester regulate forest-fire prevention statewide. Section 49-19-351 authorizes restrictions on outdoor burning during drought or wildfire conditions, with county boards of supervisors imposing burn bans on the Commission's determination; violating a burn ban is a misdemeanor ($100 to $500). Anyone responsible for a fire that escapes onto another's land may be liable for actual damages and fire-suppression costs. Setting fire to woodlands without legal right is a felony under Section 97-17-13. Mississippi does not impose mandatory defensible-space zones like western states.
Violations & Penalties
Burning during a state burn ban, negligently allowing a fire to escape, or willfully setting woods afire may result in misdemeanor or felony charges, fines, restitution, and prison time.
Frequently Asked Questions
Who can declare a wildfire burn ban in Mississippi?
Am I liable if a fire escapes from my property?
Is intentionally burning woodlands a crime?
Sources
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