(1) If any person sets fire to any woods or prairie so as to damage any other person, such person shall make satisfaction for the damage to the party injured, to be recovered in an action before any court of competent jurisdiction.
(2) (a) If a state of emergency or disaster due to drought has been declared by the governor at the time a person knowingly sets fire to any woods or prairie as described in subsection (1) of this section, such person may be held liable for treble damages to any injured party.
(b) (I) The provisions of paragraph (a) of this subsection (2) shall not apply to any open burning conducted in the course of agricultural operations or to any state, municipal, or county fire management operations.
(II) Paragraph (a) of this subsection (2) does not apply to any other person seeking to conduct other prescribed or controlled fires such as grassland, forest, or habitat management activities, if such person has first obtained written authority from the director of the division of fire prevention and control in the department of public safety.
Source: G.L. § 2150. G.S. § 1036. R.S. 08: § 2070. C.L. § 6310. CSA: C. 50, § 9. CRS 53: § 41-2-5. C.R.S. 1963: § 41-2-5. L. 2002, 3rd Ex. Sess.: Entire section amended, p. 45, § 2, effective July 18. L. 2013: (2)(b)(II) amended, (SB 13-083), ch. 249, p.1308, § 8, effective May 23.
Cross references: (1) For the criminal penalty for setting fire to woods or prairie, see § 18-13-109.
(2) In 2013, subsection (2)(b)(II) was amended by the "Colorado Prescribed Burning Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.