Alabama requires permits and safety promises for prescribed land burns

People conducting prescribed burns must first obtain Alabama Forestry Commission permits. These rules cover prescribed burns, a category of planned land fires defined elsewhere in Alabama law. Burning without a required permit is a Class B misdemeanor, a criminal offense. Applicants must declare they have enough resources and skill to control the fire. They must attend it until all burning or smoldering material stays within natural or established firebreaks. The State Forester may deny permits for past reckless or irresponsible burning or during a wildfire alert. During an alert, the decision must consider fire conditions and the applicant's ability. False declarations make the burn unauthorized and can lead to permit cancellation. Officials may also cancel permits for improper burning procedures or dangerous conditions. After cancellation, continuing the burn is unauthorized except for work to contain, suppress, or control a fire started before cancellation. These provisions take effect October 1, 2026.

The State Forester may issue wildfire alerts. The Alabama Forestry Commission may declare county wildfire emergencies with the Governor's approval. The fire ban applies in counties covered by a wildfire emergency. An alert alone does not impose this emergency ban. Alerts may cover all or part of Alabama when weather or other conditions heighten danger from fire or smoke. Emergencies require extraordinary fire danger. The emergency ban allows backfires, protective fires set to stop spreading flames, when set by commission representatives. Other people may set backfires to save life or property, but must prove necessity if they claim that defense. Violating the emergency restrictions is a Class B misdemeanor, a criminal offense. These provisions take effect October 1, 2026; the emergency ban applies while the covered county is under a declared wildfire emergency.

Alabama Forestry Commission construction and maintenance projects costing up to $750,000 are outside the state Division of Construction Management's project oversight. The project rule covers commission offices and facilities. The land rule covers land sold or leased by the commission. The Division of Construction Management retains authority to set minimum building standards for projects costing $750,000 or less. Commission land sales and leases follow the referenced state land transaction rules unless the land's appraised or assessed value is $50,000 or less. These provisions take effect October 1, 2026.

The State Forester earns and uses annual and sick leave and receives reimbursement for official travel. These provisions cover the State Forester, who leads the Alabama Forestry Commission's administration. Leave and official travel reimbursement follow the rules for state employees. The State Forester receives no other coverage or benefits under the state's Merit System, its personnel system. These provisions take effect October 1, 2026.

Arresting officers must deliver covered seized vehicles and equipment to the State Forester or a person the Forester chooses. Seizure is limited to arrests for covered crimes involving forest products, timber harvesting equipment, or related transactions. Seizure applies to property used in covered timber crimes and held or controlled by the person charged. The recipient must keep it safe and in as good condition as when received. A court may award forfeited property to the State Forester for commission use or sale under the referenced law. The law directs removal of listed code sections covering fire wardens, certain fire precautions, employee powers, arrest fees, and timber-case property procedures. These provisions take effect October 1, 2026.