Permits and Regulations

Many people think that prescribed fire projects involve major permitting and regulatory hurdles, but that's not always true.  Projects on federal or state lands, or projects that are funded with state or federal dollars, do trigger the California Environmental Quality Act (CEQA - state) and/or the National Environmental Protection Act (NEPA - national).  Those projects must also comply with air quality regulations and, in some cases, with CAL FIRE or Local Responsibility Area permit requirements.  However, projects on private lands that do not involve state or federal funding, or have a state or federal agency as the lead, have a more simple regulatory framework. 

CAL FIRE permits
The California Department of Forestry and Fire Protection, or CAL FIRE, is the agency that oversees fire activities on private lands. 

During declared fire season, which in most parts of the state roughly extends from May 1 through the late fall, a CAL FIRE permit is required for prescribed fire activities. Depending on the size of the project, landowners may need an LE-62, LE-5, or LE-7/8. For more information on permits, visit CAL FIRE's online permit system or consult with your local CAL FIRE unit. 

After the end of declared fire season, a CAL FIRE permit is not required across much of California. However, we always recommend notifications with CAL FIRE before implementing any prescribed fire project.

Local Responsibility Area permits
Each municipality has their own rules and regulations regarding prescribed fires. Contact your local fire marshal for more information.

Air Quality permits
Air quality permits are required year-round in California. Depending on the size of the project, you may also be required to develop a smoke management plan. Contact your local air quality district to learn about permit requirements and costs, as they vary greatly by district. 

What about liability?
One of the first questions that always comes up with prescribed fire is "what happens if something goes wrong?" Luckily, California has had a number of policy breakthroughs in recent years, which have provided more protections for landowners, cultural practitioners, private burn bosses, non-governmental organizations like prescribed burn associations, and others who are implementing prescribed fire and cultural burning projects. To learn more about all the changes that happened in the last few years, check out this two-pager: UCANRFireNetwork_PrescribedFirePolicyinCA

California is a simple negligence state, with gross negligence protections for fire suppression costs. California has a simple negligence standard, which in simple terms means that you have to be proven negligent in order to be held liable for damages caused by prescribed fire. Complying with the parameters outlined in your permit constitutes due diligence, thanks to changes made via SB1260 (Jackson 2018). Additional protections were made possible through SB332 (Dodd 2021), which changed the liability standard to gross negligence for suppression costs related to prescribed fire. This means that if your burn escapes control and you need assistance to bring it under control, you will not be responsible for those costs unless you were being grossly negligent and not following best management practices. For more information on prescribed fire liability in California, see this two-pager: Prescribed Fire Liability in California_QuinnDavidson and Stackhouse_revised Nov2023 . 

California has a $20 million Prescribed Fire Claims Fund, which acts like a state-backed insurance fund for prescribed fire and cultural burning. Thanks to SB926 (Dodd 2022), prescribed fire and cultural burning projects in California now have access to $2 million dollars in free coverage through the new prescribed fire claims fund. Applications are submitted through an online portal, and must be submitted by a cultural practitioner, a federally qualified burn boss (RXB1 or RXB2) or a state-certified burn boss (CARX). To learn more or to apply, visit CAL FIRE's Claims Fund website. You may also watch this informational webinar, which goes into great detail on the program.

You can become a California state-certified burn boss! For those with years of prescribed fire experience, the California state-certified burn boss program is a way to be recognized for your expertise, gain protections through the state (e.g., access to the claims fund), and a way to support your local prescribed fire community. To learn more, visit the State Fire Training website or review this one-pager from UC ANR: CARX flyer_Nov2023