Virginia § 10.1-1150.5 Liability

Virginia Statutes

§ 10.1-1150.5 — Liability

Virginia § 10.1-1150.5

JurisdictionVirginia

Title 10.1CONSERVATION

Subtitle IIACTIVITIES ADMINISTERED BY OTHER ENTITIES

Ch. 11FOREST RESOURCES AND THE DEPARTMENT OF FORESTRY

Art. 6.1CERTIFIED PRESCRIBED BURNING MANAGER PROGRAM

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Bluebook

Va. Code Ann. § 10.1-1150.5 (2026).

Text

A.Any prescribed burning conducted in compliance with the requirements of this article, state air pollution control laws, and any rules adopted by the Virginia Department of Forestry shall be in the public interest and shall not constitute a nuisance.

B.Any landowner or his agent who conducts a prescribed burn in compliance with the requirements of this article, state air pollution control laws, and any rules adopted by the Virginia Department of Forestry shall not be liable for any damage or injury caused by or resulting from smoke.

C.Subsections A and B of this section shall not apply whenever a nuisance or damage results from the negligent or improper conduct of the prescribed burn or when the prescribed burn elements described in § 10.1-1150.4 have not been complied with.

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A. Any prescribed burning conducted in compliance with the requirements of this article, state air pollution control laws, and any rules adopted by the Virginia Department of Forestry shall be in the public interest and shall not constitute a nuisance.

B. Any landowner or his agent who conducts a prescribed burn in compliance with the requirements of this article, state air pollution control laws, and any rules adopted by the Virginia Department of Forestry shall not be liable for any damage or injury caused by or resulting from smoke.

C. Subsections A and B of this section shall not apply whenever a nuisance or damage results from the negligent or improper conduct of the prescribed burn or when the prescribed burn elements described in § 10.1-1150.4 have not been complied with.