060-27 Wyo. Code R. §§ 27-4 - Process
(a) Improvement Applications. Requests to
include State Lands in Prescribed Burns will no longer be processed by the
Office pursuant to an application for improvements filed under Chapters 4 and 5
of the Board's Rules.
(b)
Prescribed Burn Restriction/Prohibition. A Prescribed Burn shall not include
any State Lands until the requirements of this Section are satisfied; provided,
however, the Director in her or his sole discretion may waive one or more of
the requirements contained in this Section.
(c) Initial Notification. The Office requests
that a Responsible Party notify the Office, in writing, once it begins planning
a Prescribed Burn that will include State Lands, if approved by the Office. Any
such notification should include the legal description of the State Lands that
will be included in any such future Prescribed Burn plan. The failure of a
Responsible Party to provide an initial notification to the Office will not
adversely affect the potential approval of a Prescribed Burn Application by the
Office.
(d) Application. Not less
than sixty days (60) prior to the scheduled burn date for a Prescribed Burn
that will, if approved by the Office, include State Lands, the Responsible
Party shall submit a Prescribed Bum Application with the Office which shall
include each of the following items:
(i) A
Prescribed Burn Consent Agreement;
(ii) A Prescribed Burn plan which shall, at a
minimum, include each of the following items:
(1) The name, address and phone number of the
Responsible Party;
(2) For all
applicants other than the Federal Government, the name, address and phone
number of the burn contractor performing the Prescribed Burn or burn boss, if
applicable;
(3) The legal
description of the area to be burned, the objectives of the Prescribed Burn,
and the Prescribed Burn prescription/parameters;
(4) A summary of the methods to be used to
start, control and extinguish the Prescribed Burn;
(5) The legal description of the State Lands
that the Responsible Party would like to include in the Prescribed Burn;
and
(6) A map that clearly
identifies all of the land included in the Prescribed Burn and identifies the
owners of any such lands.
(iii) In the event the Responsible Party is a
non-governmental Person, proof of insurance or other financial statements of
the Responsible Party, satisfactory to the Office in its sole discretion, which
demonstrates the Responsible Party's ability to satisfy any suppression costs,
potential damage and indemnification claims that may arise out of the
Prescribed Burn. The amount of insurance required by this paragraph will depend
on the nature and scope of the Prescribed Burn and the burn plan submitted by
the Responsible Party. The insurance policy shall name the Responsible Party as
the named insured and the State of Wyoming as the named additional insured;
and
(iv) It is the obligation of
the Responsible Party to determine exactly what permits, licenses, approvals,
consents and notifications are required from federal, state and local
officials, and any third parties in order to conduct a specific Prescribed Bum.
Therefore, in the Prescribed Burn Consent Agreement the Responsible Party will
be required to represent and certify that it has satisfied all notification
requirements and obtained all permits, licenses, approvals and consents
required to conduct the Prescribed Burn.
Notes
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