Illinois General Assembly - Illinois Compiled Statutes

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525 ILCS 37/15

(525 ILCS 37/15)

Sec. 15. Requirements; liability.

(a) Before conducting a prescribed burn under this Act, a person shall:

(1) obtain the written consent of the landowner;

(2) have a written prescription approved by a

certified prescribed burn manager;

(3) have at least one certified prescribed burn

manager present on site with a copy of the prescription while the burn is being conducted;

(4) notify the local fire department, county

dispatcher, 911 dispatcher, or other designated emergency dispatcher on the day of the prescribed burn; and

(5) make a reasonable attempt to notify all adjoining

property owners and occupants of the date and time of the prescribed burn.

(b)  The property owner and any person conducting a prescribed burn under this Act shall be liable for any actual damage or injury caused by the fire or resulting smoke upon proof of negligence.

    (c) Any prescribed burning conducted under this Act:
        (1) is declared to be in the public interest;
        (2) does not constitute a public or private nuisance

when conducted in compliance with Section 9 of the Environmental Protection Act and all other State statutes and rules applicable to prescribed burning; and

(3) is a property right of the property owner if

naturally occurring vegetative fuels are used.

(Source: P.A. 95-108, eff. 8-13-07.)