Sec. 15. Requirements; liability.

205 words·~1 min read·/il/chapter-525/act-37/15

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Before conducting a prescribed burn under this Act, a person shall:

(1)obtain the written consent of the landowner;

(2)have a written prescription approved by a certified prescribed burn manager;

(3)have at least one certified prescribed burn manager present on site with a copy of

the prescription while the burn is being conducted;

(4)notify the local fire department, county dispatcher, 911 dispatcher, or other

designated emergency dispatcher on the day of the prescribed burn; and

(5)make a reasonable attempt to notify all adjoining property owners and occupants of

the date and time of the prescribed burn.

(b)The property owner and any person conducting a prescribed burn under this Act shall be liable for any actual damage or injury caused by the fire or resulting smoke upon proof of negligence.

(c)Any prescribed burning conducted under this Act:

(1)is declared to be in the public interest;

(2)does not constitute a public or private nuisance when conducted in compliance with

Section 9 of the Environmental Protection Act and all other State statutes and rules applicable to prescribed burning; and

(3)is a property right of the property owner if naturally occurring vegetative fuels

are used.