Title 13, Title 13: CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

13:9-15. Enforcement of laws and extinguishment of fires; summoning assistance Firewardens shall be trained law enforcement officers and shall enforce the laws of this State for the protection of forests from wildfire. They shall have control and direction of all persons and appa…

13:9-16. Obstruction, threat, abuse, assault, injury or interference with firewarden, deputies or assistants No person shall obstruct, threaten, abuse, assault, injure or in anywise interfere with any firewarden, his deputies or assistants, or any one or more of them, in the perf…

13:9-17. Right of trespass to extinguish wildfire; right of entry to inspect No action for trespass shall lie against any person crossing or working upon lands of another to extinguish wildfire. Any duly authorized employee of the department and any law enforcement officer or fir…

13:9-19. Burning waste, vegetation or other materials; permits In any district for which firewardens have been appointed under the provisions of this chapter, no person shall set fire to or cause to be set on fire in any manner whatsoever; or to start fires anywhere and permit th…

13:9-2. General powers of department The department, through its agents, shall have power to: a. Determine forest fire hazards; b. Remove or cause to be removed brush, undergrowth or other material which contributes to forest fire hazards; c. Maintain or cause to be maintained fi…

13:9-20. Burning forest; permit; back fires; liability; recreational or permitted fire; precautions No person shall, unless granted a permit by the department, set fire to or burn, or cause to be burned, any forest, but nothing in this section shall be interpreted to forbid any p…

13:9-21. Duty to extinguish fires and notify firewarden In any district in which a fire service is established, any person finding a wildfire burning in a forest or where the forest is endangered, shall immediately extinguish the same and shall notify a firewarden as soon as poss…

13:9-22. Theft, mutilation or destruction of property, equipment or posted notices No person shall willfully or maliciously steal, mutilate, tear down or destroy any forest fire service property, equipment or any notice concerning forest fires, which has been posted under regulat…

13:9-23. Accumulations in forests as extraordinary fire hazard and public nuisance The owner or lessee of any forest, any contractor or employee with authority of the owner of, or any person doing public work in or upon, such forest, who shall permit or suffer the accumulation by…

13:9-24. Removal of fire hazard and nuisance; penalty On the complaint of a firewarden or any citizen, the department shall cause an investigation to be made of the alleged nuisance mentioned in section 13:9-23 of this Title. If, in its judgment, a situation endangering the secur…

13:9-25. Compliance with chapter; civil liability for damages Compliance with the provisions of this chapter shall not bar any action for damages for which any person or corporation would otherwise be liable; but conformance with the provisions of this chapter and with the terms …

13:9-28. Penalties; payment and disposition All payments on account of penalties under this chapter shall be made to the Department of Environmental Protection for the support of the fire service. Amended by L.1981, c. 369, s. 31, eff. Dec. 30, 1981.

13:9-29. Arrests without warrant Any firewarden may arrest, without warrant, any person whom he has probable cause to believe is committing a violation of this act. Amended by L.1981, c. 369, s. 32, eff. Dec. 30, 1981.

13:9-3. Duties of and regulations governing firewardens The department shall have power from time to time, subject to the limitations of this chapter, to prescribe such duties and make such regulations for the government of firewardens for the prevention and extinguishing of fore…

13:9-4. Material, supplies, equipment and property; purchase and distribution; custodian The department may purchase and distribute to the firewardens such material, supplies and equipment and purchase such other property as it may deem necessary to effectuate the provisions of t…

13:9-44.1. Short title Sections 1 through 10 inclusive of this act shall be cited and may be known as the "Forest Fire Prevention and Control Act." L.1981, c. 369, s. 1, eff. Dec. 30, 1981.

13:9-44.10. Penalties; enforcement 10. If any person violates any of the provisions of this act or any rule, regulation or order promulgated pursuant to provisions of this act, the department may: (a) Institute a civil action in a court of competent jurisdiction for injunctive re…

13:9-44.11 Short title. 1. This act shall be known, and may be cited, as the "Prescribed Burn Act." L.2018, c.107, s.1.

13:9-44.12 Findings, declarations relative to prescribed burns. 2. The Legislature finds and declares that prescribed burning is a public safety tool the primary purpose of which is to reduce the danger of uncontrolled wildfire; that it is also a resource protection and land mana…

13:9-44.13 Definitions relative to prescribed burns. 3. As used in this act: "Assistant Commissioner" means the Assistant Commissioner of Natural and Historic Resources in the Department of Environmental Protection. "Certified" means having completed and received the certificatio…

13:9-44.14 Program for prescribed burning, fees. 4. a. The Department of Environmental Protection shall develop and administer a program for prescribed burning on public and private lands under which the department may authorize a person to conduct a prescribed burn pursuant to a…

13:9-44.15 Conducting of prescribed burn; notifications, objections. 5. a. The department may conduct a prescribed burn or mechanically manage vegetation in any area of land within the State which is determined by the Forest Fire Service to be in reasonable danger of wildfire due…

13:9-44.16 Prescribed burn deemed to be in public interest; immunity from liability. 6. a. A prescribed burn, including the smoke and ash and other air pollution deriving therefrom, conducted in accordance with the requirements of this act and an approved prescribed burn plan, sh…

13:9-44.17 Rules, regulations. 7. The department, in consultation with the Department of Agriculture, shall develop and adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement this act, which shall …

13:9-44.2. Legislative declarations The Legislature declares it to be the policy of this State to prevent, control and manage wildfires on or threatening the forests or wildlands of New Jersey in order to preserve forests and other natural resources; to enhance the growth and mai…

13:9-44.3. Definitions As used in this amendatory and supplementary act: a. "Commissioner" means the Commissioner of Environmental Protection or an official designated by the commissioner. b. "Back fire" means a controlled fire purposely ignited in the path of wildfire along the …

13:9-44.4. Authority to make, conduct or participate in investigation of cause or responsibility for wildfire; cooperation The Department of Environmental Protection is authorized to make, conduct or participate in any investigation or survey designed to establish the cause of an…

13:9-44.5. Rules and regulations; orders The Department of Environmental Protection is authorized to formulate, promulgate, amend, and repeal rules and regulations and to issue orders to carry out the purposes of this act. L.1981, c. 369, s. 5, eff. Dec. 30, 1981.

13:9-44.6. Discharge of incendiary device, operation of mechanism which might cause wildfire or machinery without spark arrestor; precautions; presumption on escape of fire No person shall discharge or cause to be discharged any incendiary device on or across any forest land, or …

13:9-44.7. Throwing or dropping object within forest likely to cause wildfire No person shall throw or drop any object within forests which is likely to cause a wildfire, including but not limited to a lighted cigarette, lighted cigar, match or live ashes. L.1981, c. 369, s. 7, e…

13:9-44.8. Rights-of-way of railroads; burning and clearance; failure to comply; notice; declaration as public nuisance The rights-of-way of all railroads which are operated through forests shall be prescribed burned by the railroad during the fall and winter months and kept clea…

13:9-44.9. Costs of extinguishment; recovery; action The department may, in the name of the State, recover costs of extinguishment and costs associated therewith from any person or agency, public or private, whose negligence or whose knowing violation of any provision of this act…

13:9-5. Expenses of administration of chapter; how paid All expenses incurred by the department in carrying out the provisions of this chapter, including the compensation of officers and employees in the forest fire service, shall be paid by the State; but such sums shall not exc…

13:9-52. Drought; closing of forests and suspension or curtailment of open seasons for game and fish; proclamation of commissioner Notwithstanding the provisions of any other law to the contrary: Whenever, by reason of drought, the forests of the State are in danger of fires, the…

13:9-6. Divisions, sections and districts The department shall divide the forest areas of the State into divisions, sections and districts. Amended by L.1981, c. 369, s. 16, eff. Dec. 30, 1981.

13:9-7. State firewarden, supervisors, deputies and other officers and employees; appointment, removal and compensation The department may appoint, removable by the department after charges have been preferred and hearing granted, a State firewarden, and such supervisors, deputie…

13:9-7.1. Mandatory training requirements for fire service instructors 7. In accordance with the legislative findings and declarations in section 1 of P.L.1995, c.266, training for fire service instructors of forestland fire fighters shall be mandatory and shall be implemented un…

13:9-9. Emergency help; cooperative or contractual agreements The department shall, when the emergency arises, employ work crews and purchase equipment to fight forest fires as may be deemed necessary. The department may enter into cooperative or contractual agreements with the U…