65A-3-4. Liability for causing wildland fires.

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

Effective 5/12/2020

(1)As used in this section:

(a)"Electric cooperative" means the same as that term is defined in Section 54-24-102 .

(b)"Electrical transmission wildland fire protection plan" means a wildland fire protection plan, as defined in Section 54-24-102 , that is:

(i)prepared and submitted by a qualified utility and approved as provided in Section 54-24-201 ; or

(ii)prepared and submitted by an electric cooperative and approved as provided in Section 54-24-203 .

(c)"Qualified utility" means the same as that term is defined in Section 54-17-801 .

(a)Except as provided in Subsection

(3), a person who negligently, recklessly, or intentionally causes or spreads a wildland fire shall be liable for the cost of suppressing that wildland fire, regardless of whether the fire begins on:

(i)private land;

(ii)land owned by the state;

(iii)federal land; or

(iv)tribal land.

(b)The conduct described in Subsection (2)(a) includes any negligent, reckless, or intentional conduct, and is not limited to conduct described in Section 65A-3-2 .

(3)In an action under this section to recover for property damage resulting from a wildland fire or to recover the cost of fire suppression resulting from a wildland fire, a qualified utility or electric cooperative may not be considered to have negligently caused a wildland fire if:

(i)the electrical transmission wildland fire protection plan of the qualified utility or electric cooperative identifies and addresses the cause of the wildland fire for fire mitigation purposes; and

(ii)at the origin of the wildland fire, the qualified utility or electric cooperative has completed the fire mitigation work identified in the electrical transmission wildland fire protection plan, including:

(A)inspection, maintenance, and repair activities;

(B)modifications or upgrades to facilities or construction of new facilities;

(C)vegetation management work; and

(D)preventative programs; or

(i)the qualified utility or electric cooperative is denied or delayed access to a right-of-way on land owned by the state, a federal agency, or a tribal government after the qualified utility or electric cooperative requests access to the right-of-way to perform vegetation management or fire mitigation work in accordance with an electrical transmission wildland fire protection plan; and

(ii)the electrical transmission wildland fire protection plan identifies and addresses the cause of the wildland fire for fire mitigation purposes.

(4)A person who incurs costs to suppress a wildland fire may bring an action under this section to recover those costs.

(a)A property owner who suffers damages resulting from a wildland fire may bring an action under this section to recover those damages.

(b)An award for damages to real property resulting from a wildland fire, including the loss of vegetation, shall be the lesser of:

(i)the cost to restore the real property to its pre-wildland fire condition; or

(ii)the difference between:

(A)the fair market value of the real property before the wildland fire; and

(B)the fair market value of the real property after the wildland fire.

(6)A person who suffers damage from a wildland fire may pursue all other legal remedies in addition to seeking damages under Subsection

(4)or

(5).

Amended by Chapter 162 , 2020 General Session