Read the full stored bill text
LEGISLATIVE BILL 823
Approved by the Governor April 14, 2026
Introduced by Wordekemper, 15.
A BILL FOR AN ACT relating to land-management burning; to amend sections
81-520.01, 81-520.03, and 81-520.05, Reissue Revised Statutes of Nebraska;
to change provisions relating to the permit and permit application for
open burning; to define and redefine terms; and to repeal the original
sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 81-520.01, Reissue Revised Statutes of Nebraska, is
amended to read:
81-520.01 (1) There shall be a statewide open burning ban on all bonfires,
outdoor rubbish fires, and fires for the purpose of clearing land.
(2) The fire chief of a local fire department may waive an open burning
ban under subsection (1) of this section for an area under the local fire
department's jurisdiction by issuing an open burning permit to a person
requesting permission to conduct open burning. The permit issued by the fire
chief to a person desiring to conduct open burning shall at a minimum contain
(a) the name and telephone number of the landowner, (b) the burn location, (c)
the date and beginning and ending time of the burn, (d) a description of the
material to be burned, and (e) the name and telephone number of the person
responsible for the burn , (f) whether the land-management burning is to be a
prescribed burning or a controlled burning, and (g) the approximate number of
acres to be burned. The local fire department may have additional requirements
for a burn to be permitted. The permit shall contain the signature, written or
electronic, of the local fire chief. The State Fire Marshal shall provide a
sample form with the minimum requirements on the website of the State Fire
Marshal.
(3) The fire chief of a local fire department may waive the open burning
ban in the local fire department's jurisdiction when conditions are acceptable
to the chief. Anyone intending to burn in such jurisdiction when the open
burning ban has been waived shall notify the fire chief of his or her intention
to burn prior to starting the burn.
(4) The fire chief of a local fire department may adopt standards listing
the conditions acceptable for issuing a permit to conduct open burning under
subsection (2) of this section.
(5) The local fire department may charge a fee, not to exceed ten dollars,
for each such permit issued. This fee shall be remitted to the governing body
for inclusion in the general funds allocated to the fire department. Such funds
shall not reduce the tax requirements for the fire department. No such fee
shall be collected from any state or political subdivision to which such a
permit is issued to conduct open burning under subsection (2) of this section
in the course of such state's or political subdivision's official duties.
(6) For purposes of sections 81-520.01 to 81-520.05:
(a) Controlled burning means a nonbroadcast burn primarily to clean up or
remove debris or vegetation from a debris pile, ditch, or other condition where
the spread of fire is limited to a small area;
(b) Land-management burning consists of controlled burning and prescribed
burning; and
(c) Prescribed burning means a form of controlled burning that includes
planning for the systematic application of fire to manage vegetation on land
utilized for grazing, pasture, forests, or grassland, control weeds, pests,
insects, and disease, prevent wildland fires, manage watersheds, benefit
wildlife, care for windbreaks, and conduct scientific research.
Sec. 2. Section 81-520.03, Reissue Revised Statutes of Nebraska, is
amended to read:
81-520.03 (1) For purposes of sections 81-520.01 to 81-520.05,
The the fire chief of a local fire department may designate a member of
the local fire department to share the powers and duties of the fire chief
under such sections 81-520.01 to 81-520.05, except adopting standards pursuant
to subsection (4) of section 81-520.01.
(2) For purposes of sections 81-520.04 and 81-520.05, land-management
burning means the controlled application of fire to existing vegetative matter
on land utilized for grazing, pasture, forests, or grassland to control weeds,
pests, insects, and disease, prevent wildland fires, manage watersheds, care
for windbreaks, and conduct scientific research.
Sec. 3. Section 81-520.05, Reissue Revised Statutes of Nebraska, is
amended to read:
81-520.05 (1) A landowner, tenant, or other landowner's agent of the land
where land-management burning is proposed shall file an application for a
permit and a plan for conducting such burning. The plan shall include:
(a) The name of the landowner of the land on which land-management burning
is to occur;
(b) The name of the person who will supervise the land-management burning
if such person is different than the landowner;
LB823
2026
LB823
2026
-1-
(c) The type of land-management burning and the objective to be
accomplished;
(d) A map showing the areas to be burned, including natural and manmade
firebreaks;
(e) Procedures to be used to confine the fire in boundary areas without
preexisting firebreaks;
(f) A list of equipment that will be on hand;
(g) The types and conditions of the vegetative matter to be burned on the
land and in adjacent areas;
(h) Identification of roads and habitations that may be affected by smoke;
(i) A description of weather conditions believed to be required to safely
and successfully conduct the land-management burning, including wind speed and
direction, temperature, and relative humidity; and
(j) If applicable, the approximate acreage that is intended to be burned;
and
(k) (j) Such other information as may be prescribed by the fire chief of a
local fire department.
(2) The fire chief of a local fire department shall evaluate each plan to
determine its compliance with subsection (1) of this section. If a plan fails
to comply with all provisions of such subsection, a permit for land-management
burning shall not be issued.
(3) The fire chief of a local fire department shall issue a permit for
land-management burning if (a) the plan complies with subsection (1) of this
section and (b) the fire chief determines that land-management burning
conducted in accordance with the plan would be conducted with due regard for
the safety of people and property outside the burning areas. No permit shall be
valid for more than thirty days.
Sec. 4. Original sections 81-520.01, 81-520.03, and 81-520.05, Reissue
Revised Statutes of Nebraska, are repealed.
LB823
2026
LB823
2026
-2-