Sec. 51503b.
(1) Prescribed burning does not constitute a public or private nuisance when conducted in compliance with this part, part 55, and rules promulgated to implement this part or part 55.
(2) Subject to subsections (3) and (4), a property owner or his or her agent conducting prescribed burning is not liable for damage or injury caused by the fire or resulting smoke.
(3) Subsections (1) and (2) apply to a prescribed burn only if all of the following requirements are met:
(a) The landowner or his or her designee has specifically consented to the prescribed burn.
(b) The requirements of section 51503 are met.
(c) There are adequate firebreaks at the burn site and sufficient personnel and firefighting equipment for the control of the fire.
(d) A certified prescribed burn manager is present on site with a copy of the prescription, from ignition of the prescribed burn to its completion.
(e) The damage or injury does not result from the fire escaping the boundary of the area authorized in the permit under section 51503.
(f) The property owner or his or her agent is not grossly negligent.
(4) Subsection (2) does not affect liability for injury to or death of a person engaged in the prescribed burning.
History: Add. 2004, Act 529, Imd. Eff. Jan. 3, 2005
Popular Name: Act 451
Popular Name: NREPA