Nebraska lawmakers open interim study on prescribed fire amid eastern red cedar concerns

Senator Dave Wordekemper, a state senator representing Legislative District 15, introduced LR235 on Oct. 25, inviting expert testimony and urging a fact-finding approach to prescribed and controlled burning in Nebraska.

The hearing drew landowners, university researchers, conservation groups, Natural Resources District staff and volunteer fire chiefs, who described prescribed fire as a growing, science-backed tool to control eastern red cedar, restore grassland productivity and reduce wildfire risk. Witnesses also urged better data collection, clearer statutory language distinguishing “prescribed fire” from other controlled burns, and improved communication between landowners and local fire departments.

The study sponsor said LR235 is intended to collect information rather than immediately propose bans or sweeping new regulations. "It was never my intention to ban prescribed fire in Nebraska," Senator Wordekemper said, adding the goal is to "improve our knowledge base, enhance our support systems, strengthen our data collection, and foster better communications with all stakeholders." The senator asked the committee to consider minor clarifications to statute to separate controlled burning from prescribed burning for reporting and planning purposes.

Professor Derek Twidwell, University of Nebraska, presented scientific context and data linking eastern red cedar encroachment to agricultural losses and increasing wildfire risk. "Control of Eastern red cedar is the number one reason why landowners start to turn to prescribed fire," Twidwell said, and he cited county-level forage losses of 218,000 to 419,000 tons per year in Nebraska (2019–2024) attributed to woody encroachment. Twidwell recommended explicitly defining "prescribed fire" separately from other controlled burns to improve tracking and targeted landowner education.

Representatives of agencies and conservation organizations described current practices and training. Pat Molini of the Nebraska Game and Parks Commission said commission staff "lead or assist with prescribed burns on more than 25,000 acres of public and private land" annually and follow written burn plans, contingency procedures and post-burn reviews. The Nature Conservancy's Chad Bladow described building relationships between landowners and local fire chiefs in the Sandhills and reported that working with 77 landowners produced 55 prescribed burns on 34,549 acres without an escaped wildfire in recent years.

Volunteer fire chiefs and NRD staff emphasized local control and operational concerns. Brad Fiala, volunteer fire chief from Ainsworth and incident commander on the Plum Creek fire in April, said he supports prescribed fire but wants stronger authority for chiefs to prohibit burning during extreme conditions. "Fire chiefs need to have the control of all fires in his jurisdiction," Fiala said, and suggested permitting forms and enforcement may need adjustment. Central Platte NRD resource conservationist Bill Hiatt described the district's burn program, begun in 2004, which provides planning, contracting and training for landowners.

Landowners described on-the-ground experience. Scott Stout, rancher and president of the Nebraska Prescribed Fire Council, said PBAs (prescribed burn associations) in his area have burned more than 120,000 acres in the Los Canyons and reported approximately 75% mortality of eastern red cedars in those units. He said prescribed fire improved profitability and community resilience and that local volunteer departments often participate in planning and implementation.

Committee members questioned the witnesses about: whether permits are consistently available to rural landowners; use of a single state burn-permit form for different burn types; how often units should be re-burned (witnesses recommended 3–10 years depending on context); and whether penalties and enforcement for illegal burning are adequate. Several senators encouraged updating a 2016 rural fire chief survey and creating a centralized data collection system for permitted burns.

The hearing ended with the sponsor reiterating the study's informational purpose and urging continued collaboration among agencies, PBAs, fire chiefs, researchers and landowners. No bill vote occurred and the committee recorded one written proponent comment and no opponents.

The committee closed the LR235 hearing and left next steps to staff and the sponsor to assemble updated data and stakeholder input for further consideration.