Montana Statutes
§ 76-13-905 — Liability
Montana·Title 76 LAND RESOURCES AND USE·Ch. 13 TIMBER RESOURCES·Part 9 Prescribed Fire Manager Certification and Liability
76-13-905 . (Effective on occurrence of contingency) Liability. A certified prescribed fire manager or a landowner or landowner's agent using a certified prescribed fire manager who conducts a prescribed fire in compliance with this part and the rules adopted by the department is not liable for injury to or destruction of property arising from a wildfire, except to the extent evidence demonstrates that:
(1)an action or omission of the certified prescribed fire manager, landowner, or landowner's agent constituted negligence or a higher degree of fault; and
(2)the action or omission caused or contributed to the cause of the wildfire or caused or contributed to the wildfire spreading.
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Legislative History
En. Sec. 5, Ch. 635, L. 2025.
Nearby Sections
15
§ 76-13-101
Purpose§ 76-13-102
Definitions§ 76-13-103
Applicability§ 76-13-104
Functions Of Department -- Rulemaking§ 76-13-106
Repealed§ 76-13-107
Classification Of Forest Lands§ 76-13-108
Person Responsible For Performance Of Duties§ 76-13-109
Repealed§ 76-13-110
Owner's Right To Department Hearing§ 76-13-111
Permissible Expenditures§ 76-13-112
Penalty For Violation§ 76-13-113
Destruction Of Signs§ 76-13-114
Disposition Of Fines§ 76-13-115
State Fire Policy