060-27 Wyo. Code R. § 27-5

Current through April 27, 2019

Section 27-5 - Office Review of Prescribed Burn Application

(a) Within twenty (20) days of its receipt of the Prescribed Burn Application, the Office shall, in writing, approve, deny, or request more information from the Responsible Party. The Office's approval of the Prescribed Burn Application shall be evidenced by its execution and delivery of the Prescribed Burn Consent Agreement to the Responsible Party. In the event the Office requests additional information, it shall approve or deny, in writing, the Prescribed Burn Application within fifteen (15) days of its receipt of any such additional information. A Prescribed Burn Application shall not be considered approved, and the Responsible Party may not include State Lands in a Prescribed Burn, unless and until the Responsible Party has received the Prescribed Burn Consent Agreement executed by the Office.

(b) The Office may condition its approval of the Prescribed Burn upon the implementation of a range management plan, including the imposition of a grazing deferral, or any other condition that the Office deems necessary or advisable, in its sole discretion. The Office shall provide to the Responsible Party and every surface lessee of State Lands identified in the Prescribed Burn Application, in writing, a copy of any conditions imposed by the Office pursuant to this paragraph. The Office may adjust the carrying capacity of the lease impacted by a condition imposed hereunder.

(c) In reaching its determination of whether to approve or deny a Prescribed Burn Application, the Office may consider some or all of the following items:

• (i) Whether the Prescribed Burn will interfere with an existing, planned, or proposed use of the applicable State Lands;

• (ii) Whether the Prescribed Burn will interfere with any mineral development on the applicable State Lands;

• (iii) Whether the Prescribed Burn will adversely impact the fair market value of the applicable State Lands;

• (iv) Whether the Prescribed Burn will adversely impact the Office's management of the State Land's forest resources;

• (v) Whether drought conditions exist that may increase the risk of a Prescribed Burn becoming uncontrolled;

• (vi) Whether the Prescribed Burn will adversely impact the health and safety of area residents; and

• (vii) Any other information or considerations the Office deems necessary or appropriate.

060-27 Wyo. Code R. § 27-5