(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.
060-27 Wyo. Code R. § 27-4