149.400 Fire hazard seasons -- Fires prohibited -- Exceptions.
348 words·~2 min read·
/ky/chapter-149/149-400A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The periods commencing on February 15 and ending on April 30 and commencing
on October 1 and ending on December 15 of each year are hereby declared to be and
established as the fire hazard seasons. During the fire hazard seasons, even though
the precautions required by KRS 149.375 shall have been taken, it shall be unlawful
for any person to set fire to, or to procure another to set fire to, any flammable
material capable of spreading fire, located in or within one hundred fifty feet (150')
of any woodland or brushland, except between the hours of 6:00 p.m. and 6:00 a.m.,
prevailing local time, or when the ground is covered with snow.
(2)This section shall not apply to fires which may be set for the purpose of burning
plant beds.
(3)This section shall not apply to fires which may be set by competent and qualified
employees of railroad, utility, or pipeline companies in connection with the
construction, operation, or maintenance of railroads, pipelines, powerlines, or other
projects in the public interest on rights-of-way used for such railroads, pipelines,
powerlines, or other projects, and such fires shall be attended at all times and be
extinguished before the employees of such railroad, utility, or pipeline companies
leave the vicinity of the fire.
(4)This section shall not apply to fires set by trained and qualified employees of a state
government agency on land owned by the state or leased or managed by the state
under a written agreement with the landowner and set for the specific purpose of
wildlife or plant habitat improvement, ecological site restoration, site preparation
for natural or artificial regeneration or fuel reduction. Nongovernmental
organizations and other governmental agencies may apply to the Division of
Forestry for written approval to set fires under this subsection. Fires set under this
subsection shall be in accordance with KRS 149.375. Persons who set such fires
shall give written notification of the burn to the local Division of Forestry district
office at least twenty-four
(24)hours in advance and obtain the approval of the
district office.