§ 48-34-40 — Requirements for conducting prescribed fire; South Carolina Smoke Management Guidelines.

(A) For purposes of this section, "South Carolina Smoke Management Guidelines" means smoke management guidelines for vegetative debris burning for forestry, agriculture, and wildlife purposes that are promulgated as regulations by the State Forestry Commission pursuant to the Administrative Procedures Act. (B) Prescribed fires conducted pursuant to this chapter: (1) must have a written prescribed fire plan that: (a) complies with the South Carolina Smoke Management Guidelines; (b) is prepared before authorization to burn is issued by the State Commission of Forestry; and (c) is on site and followed during the burn; (2) must have present at least one certified prescribed fire manager who must: (a) be certified by the commission; (b) personally supervise the burn from ignition until the certified prescribed fire manager determines the burn to be safe; (c) fully consider both fire behavior and related smoke management issues during and after the burn; (3) are considered in the public interest and do not constitute a public or private nuisance when conducted pursuant to the South Carolina Smoke Management Guidelines, Chapters 1 and 35, Title 48, and Chapter 2, Title 50; prescribed fires that are purposefully set in accordance with these chapters and the South Carolina Smoke Management Guidelines are exempt from the open fire prohibition pursuant to R. 61-62.2 and are acceptable to the Department of Health and Environmental Control if the fire is for: (a) burning forest lands for specific management practices; (b) agricultural control of diseases, weeds, and pests and for other specific agricultural purposes; (c) open burning of trees, brush, grass, and other vegetable matter for game management purposes; (4) are considered a property right of the property owner.

Legislative History

HISTORY: 1994 Act No. 325, SECTION 1; 2012 Act No. 139, SECTION 1, eff April 2, 2012. Editor's Note 2012 Act No. 139, SECTION 3, provides as follows: "The guidelines published by the State Forestry Commission in August 2006 entitled, 'Smoke Management Guidelines for Vegetative Debris Burning for Forestry, Agriculture, and Wildlife purposes in the State of South Carolina' are hereby considered promulgated by the State Forestry Commission and approved by the General Assembly. Any amendment, replacement, or revision of these guidelines must be promulgated by the State Forestry Commission pursuant to the Administrative Procedures Act." Effect of Amendment The 2012 amendment rewrote the section.