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House of Representatives
HB5152 / File No. 35 1
General Assembly File No. 35
February Session, 2026 House Bill No. 5152
House of Representatives, March 17, 2026
The Committee on Environment reported through REP.
PARKER of the 101st Dist., Chairperson of the Committee on
the part of the House, that the bill ought to pass.
AN ACT CONCERNING CERTAIN AUTHORITIES RELATED TO THE
PREVENTION OF WILDFIRES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (f) of section 22a -174 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2026): 3
(f) The commissioner shall allow the open burning of brush on 4
residential property, provided the burning is conducted by the resident 5
of the property or the agent of the resident and a permit for such burning 6
is obtained from the local open burning official of the municipality in 7
which the property is located, and the open burning of brush in 8
municipal landfills, transfer stations and municipal recycling centers, 9
provided a permit for such burning is obtained from the fire marshal of 10
the municipality where the facility is located, except that no open 11
burning of brush shall occur (1) when national or state ambient air 12
quality standards may be exceeded; (2) where a hazardous health 13
condition might be created; (3) when the forest fire danger in the area is 14
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identified by the commissioner as high, very high or extreme and where 15
woodland or grass land is within one hundred feet of the proposed 16
burn; (4) where there is an advisory from the commissioner of any air 17
pollution episode; (5) where prohibited by an ordinance of the 18
municipality; and (6) in the case of a municipal landfill, when such 19
landfill is within an area designated as a hot spot on the open burning 20
map prepared by the commissioner. A permit for the burning of brush 21
at any municipal landfill, municipal transfer station or municipal 22
recycling center shall be issued no more than six times in any calendar 23
year. The proposed permit to burn brush at any municipal landfill, 24
municipal transfer station or municipal recycling center shall be 25
submitted to the commissioner by the fire marshal, with the approval of 26
the chief elected official of the municipality in which the municipal 27
landfill, municipal transfer station or municipal recycling center is 28
located. The commissioner shall approve or disapprove the fire 29
marshal's proposed permitting of burning of brush at a municipal 30
landfill, municipal transfer station or municipal recycling center within 31
a reasonable time of the filing of such application. The burning of leaves, 32
demolition waste or other solid waste deposited in such landfill shall be 33
prohibited. The burning of nonprocessed wood for campfires and 34
bonfires is not prohibited if the burning is conducted so as not to create 35
a nuisance and in accordance with any restrictions imposed on such 36
burning. Nothing in this subsection or in any regulation adopted 37
pursuant to this subsection shall affect the power of any municipality to 38
regulate or ban the open burning of brush within its boundaries for any 39
purpose. Notwithstanding any other provision of this section, fire 40
breaks for the purpose of controlling forest fires and controlled fires in 41
saltwater marshes to forestall uncontrolled fires are not prohibited. 42
Open burning may be engaged in for any of the following purposes if 43
the open burning official with jurisdiction over the area where the 44
burning will occur issues an open burning permit: Fire -training 45
exercises; eradication or control of insect infestations or disease; 46
agricultural purposes; clearing vegetative debris following a natural 47
disaster; and vegetative management or enhancement of wildlife habitat 48
or ecological sustainability on municipal property or on any privately 49
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owned property permanently dedicated as open space. Open burning 50
for such purposes on state property may be engaged in with the written 51
approval of the commissioner. Local burning officials nominated for the 52
purposes of this subsection shall be nominated only by the chief 53
executive officer of the municipality in which the official will serve and 54
shall be certified by the commissioner. The chief executive officer may 55
revoke the nomination. The commissioner may adopt regulations, in 56
accordance with the provisions of chapter 54, governing open burning 57
and may authorize or prohibit open burning consistent with this section. 58
The regulations may require the payment of an application fee and 59
inspection fee and may establish a certification procedure for local 60
burning officials. 61
Sec. 2. Section 23 -36 of the general statutes is repealed and the 62
following is substituted in lieu thereof (Effective October 1, 2026): 63
The State Forest Fire Warden may take such action as said warden 64
deems necessary to provide for the prevention and control of forest fires. 65
Said warden may enter into agreements with federal agencies, with 66
cities, boroughs and fire districts and with forest protective associations 67
for the purpose of carrying out the provisions of this section. Said 68
warden, if the Commissioner of Energy and Environmental Protection 69
deems necessary, may prohibit open flames upon any or all lands under 70
the commissioner's control. Said warden shall divide the state into 71
districts for the purpose of preventing and controlling forest fires and 72
shall appoint within these districts such district fire wardens, not 73
exceeding two hundred and fifty, as said warden deems necessary, who 74
shall serve for two years or until their successors are appointed. The 75
State Forest Fire Warden shall have supervision of district fire wardens 76
and shall instruct them in their duties. Each district fire warden may, 77
with the approval of the State Forest Fire Warden, appoint deputies to 78
assist in extinguishing fires and to take charge of such extinguishing in 79
such district fire warden's absence, provided, in cities having paid fire 80
departments and whose boundaries are coterminous with the town 81
boundaries, the State Forest Fire Warden may appoint a district fire 82
warden and may assume responsibility for forest fires only upon the 83
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written request of the mayor of such city and for such portions as may 84
be designated by such mayor. Cities without paid fire departments and 85
portions of towns outside of city limits shall be included in forest fire 86
districts and the State Forest Fire Warden may employ volunteer fire 87
companies under the conditions described in this section and sections 88
23-37 to 23 -42, inclusive. The State Forest Fire Warden shall establish 89
rates of compensation for equipment usage, fire fighting materials and 90
supplies expended and firefighter and laborer time expended in 91
extinguishing forest fires to be paid to such volunteer fire companies as 92
may be employed. In establishing such rates, the State Forest Fire 93
Warden may differentiate between various kinds of equipment and 94
material and supplies used and the provisions of section 23 -39, as 95
amended by this act, shall apply to the establishment of rates of 96
compensation for firefighter and laborer time. Notwithstanding any 97
provision of the general statutes or any municipal ordinance, upon the 98
declaration by the Governor of the existence of a state of emergency due 99
to forest fire, the State Forest Fire Warden may assume direct authority 100
over efforts to extinguish any forest fire and may assign such authority 101
to any state forest fire control personnel. 102
Sec. 3. Section 23 -39 of the general statutes is repealed and the 103
following is substituted in lieu thereof (Effective October 1, 2026): 104
The compensation of district and deputy fire wardens, trained 105
firefighters organized in accordance with rules issued by the State Forest 106
Fire Warden and such laborers as said warden finds it necessary to 107
employ shall be fixed by said warden on an hourly basis, subject to the 108
approval of the Commissioner of Administrative Services. Volunteer 109
fire companies may be compensated in accordance with section 23 -36, 110
as amended by this act . The chief of the fire department in any town, 111
city or borough who receives a regular salary shall be paid no additional 112
compensation when acting as a fire warden. District fire wardens shall 113
prepare their bills for services rendered by them and by the personnel 114
and automobiles and other apparatus employed or used by them in 115
extinguishing fires. The chief of any volunteer fire company may 116
prepare bills for services rendered by said company and by the 117
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personnel and automobiles and other apparatus employed or used by 118
them in extinguishing forest fires, if said company is allowed by town 119
ordinance to receive payment for such bills. Such bills shall be on a form 120
prescribed by the State Forest Fire Warden and shall be submitted to the 121
State Forest Fire Warden within one month after the services have been 122
rendered, and, if found correct and approved by said warden, shall be 123
ordered paid by the State Comptroller. Due to emergency, the State 124
Forest Fire Warden may extend the one-month submittal deadline to not 125
more than four months. A copy of each bill so paid on account of any 126
fire within a city, as provided in section 23 -36, as amended by this act , 127
shall be sent by the State Forest Fire Warden to the city treasurer of the 128
city in which the fire occurred, except bills for which a railroad company 129
is liable under the provisions of section 23-42, and, on or before the tenth 130
day of December in each year, such city treasurer shall draw the 131
treasurer's order in favor of the State Treasurer for the full amount of 132
such bills submitted during the twelve months next preceding. The State 133
Forest Fire Warden may forgive such bills if the state would incur 134
administrative costs in collecting the debt owed that would exceed the 135
actual debt owed. Bills for expenses incurred or services rendered by 136
district or deputy wardens in the performance of duties other than fire 137
fighting shall be submitted to the State Forest Fire Warden on or before 138
the tenth day of December and the tenth day of June in each year. Upon 139
approval by the State Forest Fire Warden, such bills shall be ordered 140
paid by the State Comptroller from any sums available for the expenses 141
of the State Forest Fire Warden. All fire warden bills authorized by 142
sections 23 -37, 23 -38, 23 -40 to 23 -42, inclusive, and this section shall 143
show in detail the amount and character of the services performed, the 144
exact duration thereof and all disbursements made by such wardens. 145
Sec. 4. Section 23 -50 of the general statutes is repealed and the 146
following is substituted in lieu thereof (Effective October 1, 2026): 147
Whenever it appears to the Governor that by reason of extreme 148
drought or other hazardous conditions there is danger of forest fires, 149
[he] the Governor may proclaim [that] one or more of the following: (1) 150
That any or all sections of woodland and brush land in the state shall be 151
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closed, for such time as [he] the Governor may designate, to all persons 152
except the owners or tenants of such woodlands and their agents and 153
employees, and [during such period of closure ] (2) that no fire shall be 154
kindled in the open air in any or all areas of the state . As soon as the 155
woodland is deemed free from the danger of fire, the Governor may 156
revoke [his] such proclamation. Any person who enters upon forest or 157
brush land, except as provided herein, or who kindles or causes to be 158
kindled a fire in the open air, during the period covered by the 159
Governor's proclamation, shall be fined not less than five hundred 160
dollars nor more than one [hundred] thousand dollars or imprisoned 161
not more than six months or be both fined and imprisoned. 162
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2026 22a-174(f)
Sec. 2 October 1, 2026 23-36
Sec. 3 October 1, 2026 23-39
Sec. 4 October 1, 2026 23-50
ENV Joint Favorable
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The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber thereof for any purpose. In general,
fiscal impacts are based upon a variety of informational sources, including the analyst’s professional
knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final
products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note
State Impact:
Agency Affected Fund-Effect FY 27 $ FY 28 $
Resources of the General Fund GF - Potential
Revenue Gain
See Below See Below
Note: GF=General Fund
Municipal Impact: None
Explanation
The bill makes various changes that limit activities across the state to
prevent wildfires. The bill prohibits open brush burning within 100 feet
of a woodland or grass land area when the Department of Energy and
Environmental Protection (DEEP) commissioner identifies the forest fire
risk as high or very high and extends the length of time the state forest
fire warden may approve reimbursement for various emergency
services. These procedural changes do not result in a fiscal impact as the
agency currently has the ability to provide reimbursements beyond the
one-month deadline.
Additionally, the bill (1) broadens the Governor's authority to ban
access to and burning on certain woodlands and brushlands, and (2)
increases the fine for violating a ban from a minimum of $5 and a
maximum of $100, to a minimum of $500 and a maximum of $1,000,
resulting in a potential revenue gain to the General Fund beginning in
FY 27 1. The extent of the revenue gain will depend on whether the
governor enacts such a prohibition, the number of violations, and the
1 In the past four years, no person has been charged or fined under CGS 23-50
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fines imposed, with a minimum potential revenue gain of $400 per
violation.
The Out Years
The annualized ongoing fiscal impact identified above would
continue into the future subject to the increased number of violations
and additional fines collected.
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OLR Bill Analysis
HB 5152
AN ACT CONCERNING CERTAIN AUTHORITIES RELATED TO THE
PREVENTION OF WILDFIRES.
SUMMARY
This bill expands the authority of the Department of Energy and
Environmental Protection (DEEP) commissioner, state forest fire
warden, and governor to limit activit ies across the state in specified
ways to prevent wildfires.
First, the bill bans open brush burning within 100 feet of a woodland
or grass land area when the commissioner identifies the forest fire risk
as high or very high. Under existing law, unchanged by the bill , this is
also banned when she finds the fire risk is extreme. By law, the DEEP
commissioner must generally allow open brush burning on residential
properties, municipal landfills and recycling centers, and transfer
stations except in certain circumstances (e.g., when there is a heightened
fire risk or the municipality prohibits it).
Secondly, the bill allows the state forest fire warden to ban open
flames on all or any part of land the commissioner controls (e.g., state
parks), if the DEEP commissioner finds it necessary. The bill also allows
the forest fire warden , if there is an emergency, to extend the deadline
for volunteer fire department chiefs to submit to the warden
reimbursement requests for their services . Under current law, chiefs
must submit them within one month after the department provide s
services. The bill allows the warden to extend the deadline to four
months.
Additionally, current law allows the governor, when there is extreme
drought or other hazardous conditions that increase forest fire risk, to
(1) close to the public all sections of woodland and brush land in the
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state for a time period he sets and (2) ban any open-air fire in any or all
areas of the state. The bill allows the governor to take either or both of
these actions rather than requiring him to do both simultaneously , as
current law requires. The bill also increases the range of the fine s for
violating either of these restrictions , from between $5 and $100 to
between $500 and $1,000 . Under existing law, unchanged by the bill, a
person may also be imprisoned for up to six months for a violation.
Lastly, the bill makes technical and conforming changes.
EFFECTIVE DATE: October 1, 2026
COMMITTEE ACTION
Environment Committee
Joint Favorable
Yea 33 Nay 0 (03/04/2026)