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Of the 1.7 million acres of undeveloped land in New Jersey, over half is actively devoted to agriculture or is utilized as agricultural support or buffer land. Much of this land is subject to the damage of wildfires which put both life and property at risk. These risks are particularly severe in the Pinelands region of the state which, over the years, has suffered the devastation of many wildfires destroying thousands of acres of woodland and resulting in many deaths and the loss of much property.

Farmers and other landowners have a long history of using prescribed burning to minimize the risk from wildfire and thereby not only protect their own property but also nearby property by creating effective firebreaks which help stop wildfires.

The New Jersey Forest Fire Service has had in place for many years a permit system regulating prescribed burning. This program both provides for review of proposed burn activities and limits the conditions under which burns may be conducted. Notification requirements for both the Forest Fire Service and local fire fighting organizations are included in the process. This system works well and facilitates the prescribed burning of thousands of acres each year by private landowners at no cost to the state.

Legislation has recently been introduced in the Assembly known as the “New Jersey Prescribed Burning Act” (Assembly, No. 1979). This legislation contains some provisions which are undesirable. Provisions providing exemptions under portions of the Air Pollution control Act and protection from certain liability and nuisance claims would benefit the prescribed burning program and aid landowners in performing this beneficial activity which not only protects their own property but provides a valuable fire protection service to the community.

However, the Act also contains many provisions which place impractical and unnecessary limitations and burdens on those conducting prescribed burns. Examples of such provisions are the various advance notice requirements which contain unrealistic time frames and mandate advance written notice of burns to adjoining property owners. The certification program required by the act will be burdensome to landowners who engage in prescribed burning and will tax the already stretched resources and manpower of the New Jersey Forest Fire Service. The ultimate effect of the legislation in its present form will very likely be to reduce the amount of prescribed burning accomplished, particularly by private landowners, and to increase the financial and manpower burden on the state.

THEREFORE, BE IT RESOLVED, that we, the delegates of the 89th State Agricultural Convention, assembled in Long Branch, New Jersey on February 4, 2004, respectfully request that the New Jersey Legislature:

  • Defer action on the Prescribed Burning Act until the proposed legislation has been modified so that it will encourage and facilitate rather than discourage the use of prescribed burning by private landowners and so that the benefits to both the landowners and the public will be enhanced rather than diminished; and
  • That changes in the proposed legislation be developed in consultation with the Farm Bureau, representatives from the private landowner community, and the New Jersey Forest Fire Service.