South Carolina Statewide Rule
South Carolina Wildfire Protection and Forestry Commission Authority
Key Facts
- Protected Acres
- 13+ million statewide
- Burn Ban Authority
- State Forester
- Cost Liability
- Strict for escaped fires
- Felony Threshold
- Willful forest fires
- Statute
- SC Code 48-23, 48-35
Summary
The South Carolina Forestry Commission has statewide authority to declare wildfire emergencies, issue burn bans, and suppress forest fires. Title 48 designates protected forestland and grants suppression powers across all counties.
It shall be unlawful for any owner or lessee of land or any employee of such owner or lessee or other person to start, or cause to be started, a fire in any woodlands, brushlands, grasslands, ditchbanks, or hedgerows or in any debris, leaves or other flammable material adjacent thereto, except under the following conditions: (a) Proper notification shall be given to the State Forester, or his duly authorized representative or other persons designated by the State Forester. The notice shall contain all information required by the State Forester or his representative. (b) Such persons shall have cleared around the area to be burned and have immediately available sufficient equipment and personnel to adequately secure the fire and prevent its spread. (c) The person starting the burning shall supervise carefully the fire started and have it under control prior to leaving the area.
Full Breakdown
South Carolina Code Title 48, Chapters 23 and 35, vest the South Carolina Forestry Commission with primary responsibility for preventing and suppressing wildfires on more than 13 million acres of forestland statewide. The Commission may issue statewide or local burn bans during periods of high fire danger, and these bans supersede any local permission to burn. Persons setting fires that escape onto forestland are strictly liable for suppression costs. Property owners adjoining forestland may be required to maintain firebreaks. The State Forester may close forestland to public entry during extreme fire conditions.
Violations & Penalties
Setting a fire that spreads to forestland creates strict liability for suppression costs; willful or negligent forest fires are a felony with up to 5 years imprisonment and fines.
Frequently Asked Questions
Does a state burn ban override my city's burn permit?
Am I liable if my legal fire spreads to a neighbor's woods?
Sources
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