(1) Conduct a prescribed fire that burns across land ownership boundaries if the person obtains a permit for the fire as described in ORS 477.515 or 477.625 and complies with the conditions of the permit.
(2) Obtain a single permit under ORS 477.515 or 477.625 for a prescribed fire that burns across land ownership boundaries if the person demonstrates to the department that the person has obtained consent to conduct the fire from all persons on whose lands the fire is planned to burn. [2021 c.592 §25]
Note: 477.698 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 477 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note: Section 25a, chapter 592, Oregon Laws 2021, provides:
Sec. 25a. The State Forestry Department shall initiate the rulemaking described in section 25 of this 2021 Act [477.698] on or before November 30, 2021, and finalize the rulemaking on or before November 30, 2022. [2021 c.592 §25a]
Note: Sections 1 and 2, chapter 230, Oregon Laws 2021, provide:
Sec. 1. Study on liability for prescribed fires. (1) The Department of Consumer and Business Services, in consultation with the State Forestry Department, the Oregon Forest and Industries Council, the Oregon Small Woodlands Association, Oregon State University, the Oregon Prescribed Fire Council and a representative of the insurance industry, shall study liability for prescribed fires. The study shall examine:
(a) The accessibility of insurance coverage for prescribed fires, including insurance premium costs, the number of companies that offer the coverage and whether companies that offer the coverage impose minimum equipment requirements;
(b) Any barriers to increasing the accessibility of insurance coverage for prescribed fires, including whether a liability standard of negligence or gross negligence for prescribed fires makes the coverage more or less affordable;
(c) How often escaped prescribed fires occur, how many acres escaped prescribed fires consume, costs associated with suppressing escaped prescribed fires, costs associated with property damage caused by escaped prescribed fires and how states pay for suppression of escaped prescribed fires; and
(d) Which states have adopted liability standards of negligence and gross negligence for prescribed fires and whether states that have shifted a liability standard from negligence to gross negligence have subsequently observed differences in numbers of prescribed fires conducted, of acres burned in prescribed fires or of escaped prescribed fires.
(2) The Department of Consumer and Business Services shall report to an appropriate committee or interim committee of the Legislative Assembly on the results of the study no later than July 1, 2022.
(3) All agencies of state government, as defined in ORS 174.111, shall:
(a) Assist the department in complying with the requirements of subsection (1) of this section; and
(b) Upon request by the department, and to the extent permitted by laws related to confidentiality, provide information and advice to the department that the department deems necessary to comply with the requirements of subsection (1) of this section. [2021 c.230 §1]
Sec. 2. Section 1 of this 2021 Act is repealed on January 2, 2023. [2021 c.230 §2]