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Panel approves change clarifying "prescribed burning" after court injunction raised concerns
Summary
A subcommittee advanced HB 983 to clarify the statutory definition of prescribed burning after the Georgia Forestry Commission described a court injunction that treated a site-preparation burn as a land-clearing operation, raising concerns for reforestation and fuel mitigation.
Representative (Chair) Hagan introduced House Bill 983 and asked Johnny Sabo, director of the Georgia Forestry Commission, to explain why the code needs clearer definitions of "prescribed burning." Hagan said prescribed burning is important for wildfire mitigation, forest health and wildlife habitat.
"Prescribed burning is important to our forests for more than just those two reasons," Hagan said, explaining the bill would clarify what counties and municipalities may restrict and what landowners retain the right to do for fuel reduction.
Johnny Sabo described a recent court ruling in which a site-preparation burn was treated as a land-clearing burn because a judge concluded the burn contained "no overstory." That injunction prevented the landowner from doing a site-prep burn, Sabo said, and he warned that restricting site-preparation burns would be economically unfeasible and strip nutrients from topsoil needed for reforestation.
"If we lose that ability to do site preparation burnings and they're viewed as land clearing operations ... That just becomes not feasible," Sabo said.
Committee members asked questions but expressed support for the Forestry Commission’s work. A motion and second were made; by voice vote the subcommittee advanced HB 983 to the full committee.
The committee recorded no roll-call vote in the transcript; members said they would follow up on details and the chair congratulated the sponsor.
