37-623

37-623. Suppression of wildfires; powers and
duties of state forester; entry on private lands

A. The state forester shall have authority to prevent and suppress any wildfires on
state and private lands located outside incorporated municipalities and, if subject to
cooperative agreements, on other lands located in this state or in other states, Mexico
or Canada. If there is no cooperative agreement, the state forester may furnish wildfire
suppression services on any lands in this state if the state forester determines that
suppression services are in the best interests of this state and are immediately
necessary to protect state lands.

B. In exercising the authority to prevent wildfires, if the state forester declares
a prohibition on fire causing activities and fireworks, the state forester shall post a
notice of the action in the office of the secretary of state and shall notify the news
media. The notice shall clearly state which types of activities are prohibited, where
they are prohibited and whether permits that are issued by other governmental entities
are affected by the action.

C. The state forester shall have responsibility to prevent and suppress wildfires
only on lands covered by cooperative fire agreements.

D. The state forester may request the governor to declare a wild land fire
emergency pursuant to section 35-192. If liabilities are authorized under both sections
35-192 and 37-623.02, the authorization under section 37-623.02 must be exhausted before
any liabilities may be incurred under section 35-192.

E. The state forester shall cooperate and coordinate with the state fire marshal in
the administration of the state fire code in the prevention of fires on rural lands and
wild lands.

F. The state forester may enter into cooperative agreements with other state and
federal agencies, departments and political subdivisions and any person for:

1. Prevention and suppression of wildfires.

2. Assistance with fire and nonfire national and state emergencies and multiagency
logistical support in this state and other states.

3. Activities pursuant to the wildfire suppression assistance act (P.L. 101-11; 103
Stat. 15; 42 United States Code sections 1856m through 1856o) in Mexico and Canada.

G. The state forester may enter private lands in performing the duties under this
section.

H. The state forester may enter into agreements to utilize private landowners'
equipment and personnel if the fire is on or adjacent to such private landowners'
property.