Local officials may declare temporary bans on outdoor burning

Parish and municipal governing authorities may declare temporary bans on burning. A parish may cover all or part of the parish, while a municipality may cover its municipal limits, when weather or environmental conditions create an elevated risk of wildfire or uncontrolled fire spread. Parishes must publish notice in the official parish journal. Local officials may provide additional notice through websites, social media, emergency alerts, or local media. A ban may cover open burning such as yard debris, land-clearing burns, construction debris, and some recreational fires. Agricultural burns allowed by state law, certified prescribed burns, cooking fires in grills or smokers, and recreational fires contained in fire pits or enclosures are excluded. The ban is temporary and must be lifted when the elevated fire risk ends.

People who knowingly and intentionally violate a local burn ban would face civil fines, and people whose violations cause serious damage could face criminal penalties. Civil fines apply to a person who knowingly and intentionally violates a ban. Criminal penalties apply when a knowing violation causes more than $5,000 in property damage or damages critical infrastructure. Civil fines are $500 for a first offense, $1,000 for a second offense, and $2,500 for a third or later offense. Each day of a violation counts as a separate offense. A person responsible for a resulting fire may have to pay local fire suppression and emergency response costs. Property damage over $5,000 may bring a fine of up to $1,000, up to six months in jail, or both; critical-infrastructure damage may bring a fine of up to $25,000, up to five years in prison, or both, plus restitution to the damaged property owner. The penalties apply when the person violates a ban and, for the criminal penalties, when the violation causes the specified damage.

Fire department personnel and municipal code enforcement officers may enforce the burn-ban rules, along with local and state law enforcement agencies. Enforcement may occur under bans declared by a parish or municipality under this section. A municipal fire chief or emergency management official may recommend a ban based on fire-risk conditions. Municipal governing authorities may set procedures for issuing, extending, or ending bans. The enforcement authority applies while a burn ban declared under this section is in effect.