65A-3-4. Liability for causing wildland fires.
(1) As used in this section: "Electric cooperative" means the same as that term is defined in Section. 54-24-102 "Electrical transmission wildland fire protection plan" means a wildland fire protection plan, as defined in Section, that is: 54-24-102 prepared and submitted by a qualified utility and approved as provided in Section; or 54-24-201 prepared and submitted by an electric cooperative and approved as provided in Section. 54-24-203 "Qualified utility" means the same as that term is defined in Section. 54-17-801
(2) Except as provided in Subsection, a person who negligently, recklessly, or intentionally causes or spreads a wildland fire shall be liable for the cost of suppressing that wildland fire, regardless of whether the fire begins on: (3) private land; land owned by the state; federal land; or tribal land. The conduct described in Subsectionincludes any negligent, reckless, or intentional conduct, and is not limited to conduct described in Section. (2)(a) 65A-3-2
(3) In an action under this section to recover for property damage resulting from a wildland fire or to recover the cost of fire suppression resulting from a wildland fire, a qualified utility or electric cooperative may not be considered to have negligently caused a wildland fire if: the electrical transmission wildland fire protection plan of the qualified utility or electric cooperative identifies and addresses the cause of the wildland fire for fire mitigation purposes; and at the origin of the wildland fire, the qualified utility or electric cooperative has completed the fire mitigation work identified in the electrical transmission wildland fire protection plan, including: inspection, maintenance, and repair activities; modifications or upgrades to facilities or construction of new facilities; vegetation management work; and preventative programs; or the qualified utility or electric cooperative is denied or delayed access to a right-of-way on land owned by the state, a federal agency, or a tribal government after the qualified utility or electric cooperative requests access to the right-of-way to perform vegetation management or fire mitigation work in accordance with an electrical transmission wildland fire protection plan; and the electrical transmission wildland fire protection plan identifies and addresses the cause of the wildland fire for fire mitigation purposes.
(4) A person who incurs costs to suppress a wildland fire may bring an action under this section to recover those costs.
(5) A property owner who suffers damages resulting from a wildland fire may bring an action under this section to recover those damages. An award for damages to real property resulting from a wildland fire, including the loss of vegetation, shall be the lesser of: the cost to restore the real property to its pre-wildland fire condition; or the difference between: the fair market value of the real property before the wildland fire; and the fair market value of the real property after the wildland fire.
(6) A person who suffers damage from a wildland fire may pursue all other legal remedies in addition to seeking damages under Subsectionor. (4) (5)