Public Resources Code section 4493
(a)
(1)Upon receipt of an application, the department shall inspect the land in company with the applicant to determine whether a permit shall be granted, shall prescribe the manner in which the site for the prescribed burning shall be prepared, and shall require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. The precautions shall, if deemed necessary, include the advance preparation of firebreaks and the firefighting equipment and personnel desirable to conduct the prescribed burning.(2)
Notwithstanding paragraph (1), the department may waive the inspection requirement or modify the standard precautions described in paragraph (1) for an application submitted by any of the following individuals:(A)
A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations.(B)
A person qualified for the National Wildfire Coordinating Group position title of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2.”(C)
A cultural fire practitioner, as defined in Section 3333.8 of the Civil Code.(D)
Other parties as determined by the director.(b)
In issuing the permit, the department shall consider the availability of nondepartmental contingency resources when determining whether to require department contingency resources as part of the required precautions.(c)
The department shall, to the extent feasible, employ burn suspensions at the unit level, and not at the state or regional level, to not unreasonably restrict prescribed burning operations that are within prescription.(d)
The changes made to this section by Assembly Bill 1699 of the 2025–26 Regular Session do not alter, expand, or limit the applicable standard of care related to prescribed fires and cultural burning under California law.
Source:
Section 4493, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC§ionNum=4493. (updated Sep. 29, 2026; accessed Oct. 12, 2026).
