Oregon Department of Forestry Launches New Prescribed Fire Liability Program

On Tuesday, the Oregon Department of Forestry announced the launch of the Prescribed Fire Liability Program. This pilot program is intended to increase use of prescribed fire and cultural burning and support fire practitioners by providing liability coverage for enrolled burns.

Introducing periodic fire to fire-adapted landscapes and reducing forest fuels has been shown to lessen the potential for high-intensity wildfires and the large volume of smoke they produce.

While the rates of escape and loss are very low due to the careful planning and preparation required for prescribed fire and cultural burning, there is always some residual risk when working with fire. This risk, and the resulting liability for damages due to escape if uninsured, can deter some practitioners from using beneficial fire.

Oregon’s Governor Kotek signed House Bill 4016 in 2024 establishing the pilot Prescribed Fire Liability Program. It authorizes claims covering certain losses arising from escaped prescribed fires and cultural burns. Participation in the program is voluntary.

For a burn to have liability coverage under the program, all the following conditions must be met:

• The burn is enrolled in the program prior to burning.
• The burn is conducted or supervised by an appropriate party for the burn.
• Ensure the burn follows all applicable laws related to the burn (obtain and follow any required permits/burn plan, make required notifications for Certified Burn Manager-led burns, additional paperwork/submissions for Power Driven Machinery, etc.).
• If the burn escapes, the fire must not be a result of willful, malicious, or negligent actions in the origin or subsequent spread.