Liability in Washington State

In Washington State, private landowners conducting prescribed burns must navigate specific liability considerations to ensure responsible and lawful land management. The state operates under a simple negligence standard, meaning landowners and practitioners are legally obligated to exercise "reasonable care" during burns. Failure to do so can result in liability for any damages caused by the fire. ​

To mitigate liability risks, Washington has established a Certified Prescribed Burn Manager Program. This program offers training and certification for individuals leading prescribed burns. Certified individuals benefit from increased liability protection, as their liability standard shifts from simple negligence to gross negligence, offering greater legal protection when burns are conducted according to established guidelines.

Additionally, the state is exploring the creation of a Prescribed Fire Claims Fund. This pilot program aims to provide coverage for losses resulting from prescribed fires and cultural burns conducted by nonpublic entities, including private landowners. The initiative seeks to reduce uncertainty and encourage the use of prescribed fire as a forest management tool.

By adhering to state guidelines, obtaining proper certifications, and securing the appropriate permits, private landowners in Washington can responsibly utilize prescribed fire to enhance forest health while effectively managing liability risks.

You can read the actual laws pertaining to the State Fire Protection here.

You can read the actual laws pertaining to Forest Protection here.