Last week, the Natural Resources Committee held an interim hearing to review the current laws that relate to the approval process, personnel involved, and costs associated with controlled burn permits.
Controlled burns are planned fires intentionally set to manage ecosystems or prevent future larger, uncontrolled wildfires. These planned burns help reduce hazardous fuels like dead vegetation, promote the growth of native species, and help control problematic species like the eastern red-cedar tree which can impede livestock and native wildlife.
According to testimony presented by an expert from the University of Nebraska, the control of invasive species, primarily the eastern red-cedar tree, is the number one reason why landowners carry out burns because such species cause losses in usable rangeland.
For example, from 2019 to 2024, Nebraska lost between 218,000 to 419,000 tons of forage annually due to woody encroachment primarily due to the growth and spread of the eastern red-cedar in rangeland areas.
The scale of this problem has led to 17 landowner burn associations being established in order to pool resources and knowledge to carry out controlled burns.
Overall, a controlled burn is incredibly safe.
According to one study cited at the hearing, approximately 99% of landowner burn association-led initiated fires occur without incidence. Furthermore, if these burns do escape to become wildfires, the damages and suppression costs are typically lower than wildfires that start due to other ignition sources, such as lightning.
However, a controlled burn is not entirely risk-free either. One just needs to look at the case of the Plum Creek Fire near Johnstown in Brown County that occurred in April.
This wildfire began after a burn held by a landowner, in coordination with the Nebraska Game and Parks Commission, local fire departments, and other partners, escaped containment.
The initial burn was carried out amid dry conditions near an area where a red flag warning had been issued for the day, meaning there was a high fire danger.
The result was a week-long effort to control the 7,000-acre fire which resulted in more than 45 cattle being lost, and the destruction of one cabin (a secondary residence) and at least eight utility poles.
Throughout the hearing, there was broad consensus that fire remains a necessary tool for landowners to manage land and vegetation. However, testifiers indicated the Legislature should consider further strengthening the powers of local fire chiefs to shut down more types of burning during extreme conditions, such as during the times when a red flag warning is issued.
Other recommendations include encouraging landowners to have a written burn plan prior to carrying out acreage burns, improving the current generic burn permit application to allow for more specific information to be provided, and increasing fines or post-fire accountability.
I would anticipate legislation next year that seeks to implement one or more of these recommendations for possible consideration at the hearing.
I invite you to let me know your thoughts. My office number is (402) 471-2801 while my email is [email protected]. My address is: Sen. Barry DeKay, Dist. 40, P.O. Box 94604, State Capitol, Lincoln, NE 68509.
