Forest Fires and Fire Prevention

V.S.A. tit. 10, ch. 83, subch. 4

in effect

10 V.S.A. § 2641 Town forest fire wardens

2641. Town forest fire wardens (a) The chief of the fire department, fire district, or private fire department with the jurisdictional responsibility to respond to a municipality, unorganized town, or gore is designated as the town forest fire warden and shall have the authority to exercise all the powers and duties of a town forest fire warden. For any municipality, unorganized town, or gore that is covered by two or more fire districts or has two or more fire departments, the municipality, unorganized town, or gore shall designate one fire chief as town forest fire warden and shall notify the Commissioner of the designation. (b) The chief of the fire department, fire district, or private fire department with the jurisdictional responsibility to respond to a municipality, unorganized town, or gore, as town forest fire warden, may designate deputy town forest fire wardens. The town forest fire warden shall provide a list of all designated deputy forest fire wardens to the Commissioner. Deputy forest fire wardens shall only have the authority to issue permits to kindle a fire as set forth in sections 2644 and 2645 of this subchapter. (c) When a municipality, unorganized town, or gore does not have a fire department or is not covered by a fire district, the municipality, unorganized town, or gore may contract with a neighboring fire department or fire district to designate the chief of the fire department or fire district to serve as the town forest fire warden for the municipality, unorganized town, or gore. When a private fire department provides fire suppression and control services to a municipality, unorganized town, or gore, the chief of the private fire department may serve as the town forest fire warden when approved by the municipality, unorganized town, or gore. (d) [Repealed.] (e) The Commissioner may designate special forest fire wardens who shall hold office at the pleasure of the Commissioner. The fire wardens shall be employees of the Department of Forests, Parks and Recreation with forest fire suppression and control training and shall have the same powers and duties throughout the State as town forest fire wardens, except that all expenses and charges incurred on account of their official acts shall be paid from the appropriations for the Department. Added 1977, No. 253 (Adj. Sess.), § 1; amended 1987, No. 107, § 1; 2015, No. 171 (Adj. Sess.), § 11; 2025, No. 162 (Adj. Sess.), § 8, eff. July 1, 2026.

10 V.S.A. § 2643 Town’s liability for suppression of forest fires; State aid

2643. Town’s liability for suppression of forest fires; State aid (a) A municipality in which a forest fire occurs shall pay the cost to suppress a forest fire that occurs on land that is not owned by the Agency of Natural Resources, including the costs of personnel and equipment. The Commissioner may, when funds have been appropriated or are otherwise available, reimburse a municipality for all or a portion of the costs of suppressing a forest fire on land that is not owned by the Agency of Natural Resources. (b) For the purpose of suppressing forest fires on lands owned by the Agency of Natural Resources, the State may reimburse a municipality or unorganized town or gore for some or all its forest fire suppression costs at a rate determined by the Commissioner if, at a minimum, the requirements in subsection (c) of this section are satisfied. The Commissioner may establish additional requirements and guidance regarding reimbursement. (c) For any forest fire on lands owned by the Agency of Natural Resources to be considered eligible for reimbursement from the State, a municipality, unorganized town, or gore shall, at a minimum, satisfy the following requirements: (1) The town forest fire warden of a municipality, unorganized town, or gore shall request assistance within one hour after discovery of the forest fire from the Department of Forests, Parks and Recreation Wildland Fire Team, for the suppression of the forest fire on land owned by the Agency of Natural Resources. (2) The town forest fire warden shall submit a report of the forest fire to the Commissioner within 24 hours after extinguishment of the fire as required under section 2644 of this title. (3) The municipality, unorganized town, or gore shall submit detailed documentation of the costs of suppression of the forest fire to the Commissioner within 60 days after extinguishment of the forest fire. (4) The Commissioner shall review and approve the request for reimbursement. (d) For requests for reimbursement approved by the Commissioner for forest fire suppression costs of a municipality, unorganized town, or gore on land owned by the Agency of Natural Resources, payment of the costs shall be made by the Commissioner of Finance and Management to the municipality, unorganized town, or gore. The funds for the payment are to be taken from the appropriation for forest fire suppression. Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 11; 2025, No. 162 (Adj. Sess.), § 8, eff. July 1, 2026.

10 V.S.A. § 2644 Duties and powers of fire warden

2644. Duties and powers of fire warden (a) When a forest fire or fire threatening forestland is discovered in the warden’s jurisdiction of responsibility, the town forest fire warden shall enter upon any premises and take measures for its prompt control, suppression, and extinguishment. Within 24 hours after discovery of the forest fire on lands not owned by the Agency of Natural Resources, the town forest fire warden shall notify the Department of Forests, Parks and Recreation that the fire was discovered. (b) A town forest fire warden shall prepare a report for all forest fires in the warden’s jurisdiction that includes, at a minimum, the following information: a record of the warden’s acts, the number of forest fires and causes of the forest fires, the areas burned over, and the character and amount of damages done in the warden’s jurisdiction. Within 48 hours after the extinguishment of a fire, the town forest fire warden shall file a report of the fire to the Commissioner. (c) [Repealed.] (d) Within 12 hours after granting permission to kindle a fire pursuant to section 2645 of this subchapter, the town forest fire warden or deputy forest fire warden shall issue a written “Permit to Kindle” stating when and where the fire may be kindled, including any conditions deemed appropriate by the town forest fire warden. Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 11; 2025, No. 162 (Adj. Sess.), § 8, eff. July 1, 2026.

10 V.S.A. § 2645 Open burning; permits

2645. Open burning; permits (a) Except as otherwise provided in this section, a person shall not kindle or authorize another person to kindle a fire in the open air for the purpose of burning natural wood, brush, weeds, or grass without first obtaining a permit to kindle a fire from the town forest fire warden or deputy forest fire warden stating when and where the fire may be kindled and imposing any conditions deemed necessary by the town forest fire warden or deputy forest fire warden. Special forest fire wardens designated by the Commissioner shall issue permits for Category 3 fires on land owned by the Agency of Natural Resources. (b) During periods of increased fire hazard, or when the Department of Environmental Conservation has issued an Air Quality Alert due to forecasted ambient air quality, the Commissioner may: (1) Notify town forest fire wardens that for a specified period, no permits to kindle a fire shall be issued. The forest fire wardens shall issue no permits during the specified period. (2) Notify town forest fire wardens that for a specified period of time, permits for Category 2 or 3 fires shall be prohibited or restricted as set forth by the Commissioner. (3) Notify town forest fire wardens that for a specified period of time, Category 1 fires shall be prohibited or restricted as set forth by the Commissioner. (c) A permit to kindle a fire is not required for the following categories or conditions when the requirements set forth below are satisfied: (1) the kindling of a fire in a location where there is snow surrounding the open burning site; (2) Category 1 fires; or (3) the kindling of a fire that complies with all requirements established by rule adopted by the Commissioner of Forests, Parks and Recreation when a person is primitive camping on lands owned by the Agency of Natural Resources. (d) The Commissioner of Forests, Parks and Recreation may issue a ban on kindling fires on lands owned by the Agency of Natural Resources when necessary. (e) As used in this section: (1) “Category 1” includes campfires that meet the following requirements: (A) fires 36 inches in diameter or less that are built in stone arches, outdoor fireplaces, or existing fire rings at State recreational areas, other public recreational areas, or on private property; or (B) fires 36 inches in diameter or less built in a location that is 200 feet or more from any forestland, or field containing dry grass or other flammable plant materials contiguous to forestland. (2) “Category 2” includes natural wood fires that meet the following requirements: (A) fires in piles larger than 36 inches in diameter; or (B) fires 36 inches in diameter or less, not built in stone arches, outdoor fireplaces, or existing fires rings at State recreational areas, other public recreational areas, or on private property. (3) “Category 3 broadcast burn” includes fires that meet the following requirements: (A) Fires applied to existing vegetation in a predetermined land area, in a manner to meet specific or prescribed objectives, including fuels management, slash abatement, firefighter training, agricultural field burning, forest management, wildlife habitat management, or introduced species management. (B) All Category 3 fires must have a plan that includes location, objectives, and contingency for escaped fire. (4) “Forestland” means woodlands, timberland, brushland, forest, and woodlots. (5) “Natural wood” means: (A) trees, including logs, boles, trunks, branches, limbs, and stumps; (B) lumber, including timber, logs, or wood slabs, especially when dressed for use; and (C) pallets that are used for the shipment of various materials, so long as such pallets are not chemically treated with any preservative, paint, or oil. (6) “Natural wood” does not mean other wood products such as sawdust, plywood, particle board, or press board. “Natural wood” does not mean wood, brush, weeds, or grass if they have been altered in any way by surface applications or injections of paints, stains, preservatives, oils, glues, or pesticides. (e) Nothing in this section shall be construed to limit the authority of the air pollution control officer to prohibit open burning in accordance with the rules adopted under chapter 23 of this title. Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 11; 2023, No. 21, § 1, eff. May 25, 2023; 2025, No. 162 (Adj. Sess.), § 8, eff. July 1, 2026.

10 V.S.A. § 2646 Proclamation by Governor prohibiting kindling of fires: Closing of forestlands

2646. Proclamation by Governor prohibiting kindling of fires: Closing of forestlands (a) Whenever it appears to the Governor that there is excessive danger of forest fires, the Governor may prohibit by proclamation the kindling of a fire in or adjoining forestland or close any or all sections of forestland, or brushland, in any town for such time as the Governor may designate, to all persons. (b) Proclamations shall be posted in such places and in such manner as the Governor may order in writing. A copy of the proclamation and order, attested by the Secretary of Civil and Military Affairs, shall be filed with the Secretary of State and a like copy shall be furnished to the Commissioner who shall attend to the posting of the proclamation. The expenses of posting shall be paid by the Department. Notice of removal of restrictions imposed by proclamation shall be in the same manner. Added 1977, No. 253 (Adj. Sess.), § 1; amended 2025, No. 162 (Adj. Sess.), § 8, eff. July 1, 2026.

10 V.S.A. § 2647 Fires in forestland of another; permission

2647. Fires in forestland of another; permission No one shall build a fire in the forestland of another without the permission of the owner. Added 1977, No. 253 (Adj. Sess.), § 1; amended 2025, No. 162 (Adj. Sess.), § 8, eff. July 1, 2026.

10 V.S.A. § 2648 Slash removal

2648. Slash removal (a) A person may cut or cause to be cut forest growth only if all slash adjoining the right-of-way of any public highway, or the boundary lines of forestland owned by adjoining property owners, is treated as follows: (1) All slash shall be removed for a distance of 50 feet from the right-of-way of any public highway or from the boundary lines of forestland owned by adjoining property owners. (2) All slash shall be removed for a distance of 100 feet from standing buildings on adjoining property. (b) [Repealed.] (c) If in the opinion of the town forest fire warden there is no fire hazard as a result of a cutting, the warden may issue, upon request, a statement relieving the operator of the conditions required in this section. (d) As used in this section, “slash” means the branches, treetops, and other woody debris left on the forest floor after logging. Added 1977, No. 253 (Adj. Sess.), § 1; amended 1987, No. 107, § 2; 2015, No. 171 (Adj. Sess.), § 11; 2025, No. 162 (Adj. Sess.), § 8, eff. July 1, 2026.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/10/083Fetched: 10/21/2026