1174 



Canadian Forestry Journal, June, 1917 



How U. S, deals with Settlers' Fires 



(From a letter of U. S. Forest Service to Canadian Forestry Assoc.) 



In the National Forest States of 

 the United States fires have fre- 

 quently occurred in the past caused 

 by settlers burning brush and debris 

 on lands being cleared by them, and 

 considerable damage to National 

 Forest timber has resulted in several 

 instances. Such settlers' fires are 

 often a grave menace to nearby 

 Government and privately-owned 

 timber lands, I am glad to state, 

 however, that this menace to the 

 timber in the western States is 

 lessening each year, as the people, 

 and especially the settlers themselves, 

 realize the great danger involved in 

 such brush burning in the dry season 

 without adequate precautionary 

 measures for keeping the fires under 

 control. 



The Federal Government relies 

 largely upon the laws on this subject 

 which have been passed by the 

 legislatures of the respective States. 

 Under those laws, the most general 

 requirement throughout the country 

 for the burning of brush, grass, and 

 similar materials in or near wood- 

 lands for agricultural or pasturage 

 purposes, is the one prescribing a 

 closed season, corresponding to the 

 fire danger season in the State, 

 during which no burning is allowed. 

 In some States burning may be done 

 during the closed season if a written 

 permit is first secured from a Fire 

 Warden, or if the officer himself or 

 his representative, is present. The 

 period of the closed season varies 

 considerably in the different States. 

 In some it even covers the entire 

 year, while in two of the States the 

 township boards are empowered to 

 declare a closed season whenever in 

 their judgment there is danger of 

 fire spreading. In one State the 

 closed season restriction does not 

 apply to the burning of log piles, 

 stumps, or brush heaps, in small 

 quantities, under adequate pre- 

 cautions and personal control, and 

 if in accordance with regulations 



adopted by the board of forestry 

 for that State; but if any such burning 

 without permission results in the 

 escape of fire and injifry to the 

 property of another, that fact is held 

 to be prima facie evidence that the 

 burning was not safe and was a 

 violation of law. 



Various other restrictions are also 

 added in certain of the States, as, for 

 instance: 



(a) In one State the law pro- 

 hibits the issuance of a permit until 

 the dry snags, stubs, and dead trees 

 over 25 feet in height within the 

 area to be burned have been cut 

 down, and such other work has been 

 done on or around the area to pre- 

 vent the spread of fire as may be 

 required by the forest officers, who 

 may also employ watchmen to 

 supervise the fire until the permittee 

 himself is able to control it. 



(b) Another State issues, but does 

 not require, a special permit giving 

 certain directions for the proper 

 care of the fire; to follow which is 

 prima facie evidence that the per- 

 mittee took proper and reasonable 

 precautions to prevent the spread 

 of fire. 



(c) Other States, including some 

 that have neither the closed season 

 nor the permit provision, require 

 the area immediately surrounding 

 the fire to have previously been 

 cleared or made safe so as to prevent 

 the fire escaping. 



(d) Notice to one's neighbors at 

 specified periods, usually several 

 days before burning, is provided for 

 in a number of States. 



(e) Watchmen to guard the fires 

 when burning are required in certain 

 other States. 



In addition to criminal proceed- 

 ings for causing the unlawful burn- 

 ing of woods, practically all of the 

 States have made special provision 

 also for civil liability and, in regard 

 to those which have not, there is of 

 course the usual common law right 



