Vermont officials propose statute updates to clarify wildfire authority, permits and reimbursements

Daniel Fitzko, commissioner of Forests, Parks, and Restoration, and Dan Dohler, state forest fire supervisor, told the Government Operations & Military Affairs committee that Vermont needs statutory updates to make authority, prevention and preparedness clearer after a drought-driven high-risk fire season.

The proposals are intended to update a framework Dohler called —a system that was built in 1904.— The package would expressly clarify when the commissioner, as the designated state fire warden, can assume management of a large incident, delegate authority to an incident management team, and be the state entity needed for federal cost-recovery programs such as a FEMA Fire Management Assistance Grant when suppression costs exceed statutory thresholds.

Dohler recommended shifting town forest fire warden appointments toward municipal control: when a municipality is served by a fire department, the department's chief would be the default town forest fire warden and could designate deputies locally to issue burn permits. Dohler said that change would —line up— statutory authority with how communities already operate and reduce state administrative reappointments.

On permitting, officials proposed three defined categories of open burn: a category 1 campfire (36 inches or less, no permit required but can be banned by the commissioner), a category 2 open burn (larger or within 200 feet of flammable vegetation; requires a town permit), and a category 3 for prescribed burns, training burns or farm field burns that would require a permit plus a contingency plan describing resources and measures to prevent escape.

To improve situational awareness, the department proposed shortening reporting windows. Under the current law, wardens file reports within two weeks; Dohler said the department needs immediate knowledge and proposed notification to the commissioner within 24 hours of discovery and a final report within 48 hours of extinguishment.

Officials also sought statutory clarity on suppression cost reimbursement. Dohler noted municipalities are generally responsible for suppression costs on non-ANR (Agency of Natural Resources) lands but that statute currently says FPR —may— reimburse costs; the proposal defines when and how FPR may pay (for example, when FEMA or emergency legislative funds are available) and sets procedural requirements for reimbursement requests.

On enforcement, Dohler described a little-used criminal-ticket process (Title 10, a subchapter on uniform fire prevention tickets) with nominal fines and complex court processing. The department proposed moving enforcement toward municipal mechanisms and education so town wardens—typically volunteers—are not placed in the role of issuing criminal charges.

Dohler said the department will convene a task force (FPR, Division of Fire Safety, Vermont Emergency Management, League of Cities and Towns, parks chiefs and others) to assess long-term staffing, equipment, funding and policy needs and report recommendations to the Legislature by July 2027.

Committee members asked about penalties and whether statutes currently impose criminal penalties for starting forest fires; Dohler replied he was not aware of a clear statutory penalty for that conduct and said municipal ordinances and law enforcement are commonly used.

The committee indicated the proposals are likely to be introduced as legislation; staff said no immediate budget request accompanied the statutory changes. The briefing closed with staff agreeing to add a drought map to the record and to bring statutory language forward for bill drafting.