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ENGR. H. B. NO. 3406 Page 1
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ENGROSSED HOUSE
BILL NO. 3406 By: Kelley, Patzkowsky, and
Adams of the House
and
Hines of the Senate
An Act relating to agriculture; amending 2 O.S. 2021,
Section 16-26, as amended by Section 1, Chapter 217,
O.S.L. 2024 (2 O.S. Supp. 2025, Section 16-26), which
relates to emergency drought conditions and burning
prohibitions; changing the required conditions for an
extreme fire danger; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 16-26, as
amended by Section 1, Chapter 217, O.S.L. 2024 (2 O.S. Supp. 2025,
Section 16-26), is amended to read as follows:
Section 16-26. A. 1. It is unlawful for any person to set
fire to any forest, grass, range, crop, or other wildlands, or to
build a campfire or bonfire, or to burn trash or other material that
may cause a forest, grass, range, crop or other wildlands fire in
any county, counties or area within a county where, because of
emergency drought conditions, there is gubernatorially proclaimed
extraordinary danger from fire, unless the setting of any backfire
during the drought emergency is necessary to afford protection as
determined by a representative of the Division of Forestry Services,
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or unless it can be established that the setting of the backfire was
necessary for the purpose of saving life or property. The burden of
proving the necessity shall rest on the person claiming a defense.
2. The Division of Forestry Services shall advise the Governor
when the lands described in paragraph 1 of this subsection in any
county, counties, or area within a county of this state, because of
emergency drought conditions, are in extraordinary danger from fire.
The Governor may, by proclamation, declare a drought emergency to
exist and describe the general boundaries of the area affected.
3. Any proclamation promulgated by the Governor under authority
of this subsection shall be effective immediately upon the
Governor's signed approval of the emergency proclamation and shall
supersede any resolution passed by a board of county commissioners
pursuant to subsection B of this section. Notice of the
proclamation shall occur through posting on the Oklahoma Department
of Agriculture, Food, and Forestry's website and informing local
news media. Evidence of publication or posting as herein provided
shall be maintained by the Forestry Division of Forestry Services.
4. When conditions warrant, due notice of the termination of
the emergency shall be promptly made by proclamation, which shall be
published or posted in like manner as when officially declared.
5. Any person who violates this subsection is guilty of a
misdemeanor punishable by a fine of not more than One Thousand
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Dollars ($1,000.00), by imprisonment for not more than one (1) year,
or both.
B. 1. It is unlawful for any person to set fire to any forest,
grass, range, crop or other wildlands, or to build a campfire or
bonfire, or to burn trash or other material that may cause a forest,
grass, range, crop or other wildlands fire in any county of this
state in which the board of county commissioners of the county has
passed a resolution declaring a period of extreme fire danger. As
used in this subsection, "extreme fire danger" means:
a. all three either a red flag warning by the National
Weather Service (NWS) has been issued, or
b. at least three of the following conditions are
present:
(1) severe, extreme, or exceptional drought
conditions exist as determined by the National
Oceanic and Atmospheric Administration (NOAA)
U.S. Drought Monitor (USDM) pursuant to its
criteria,
(2) no more than one-half (1/2) inch of precipitation
is forecast for the next three (3) days, and
(3) either of the following:
(a) fire occurrence is significantly greater
than normal for the season and/or initial
attack on a significant number of wildland
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fires has been unsuccessful due to extreme
fire behavior, or
(b) where data is available, more than twenty
percent (20%) of the wildfires in the county
have been caused by escaped debris or
controlled burning, or
b.
a portion of the county has a Keetch-Byram
Drought Index (KBDI) rating of 600 or higher,
(4) temperatures for any day over the next three (3)
days are forecasted at or over one hundred (100)
degrees Fahrenheit,
(5) the National Weather Service Center's Fire
Weather Outlook forecasts fire weather conditions
for a portion of the county to be elevated or
higher for any of the next three (3) days, or
(6) the local National Weather Service Forecast
Office for the county predicts Red Flag Warning
criteria could be met at any point over the next
seven (7) days.
2. A majority of the board of county commissioners may call an
emergency meeting at any time to pass or revoke a resolution
declaring a period of extreme fire danger in accordance with this
section.
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3. A board of county commissioners shall have the documented
concurrence of a majority of the chiefs, or their designees, of the
municipal and certified rural fire departments located in the county
that a period of extreme fire danger exists prior to passage of a
resolution declaring a period of extreme fire danger in the county.
The resolution shall be effective for a period not to exceed
fourteen (14) eight (8) days from the date of passage by the board
of county commissioners, unless the burn ban is removed earlier by
the same method by which it was approved. If extreme fire danger
conditions persist, subsequent resolutions may be passed by the
board of county commissioners in the same manner as provided in this
paragraph. The board of county commissioners, in the resolution,
may grant exceptions to the fire prohibition based on appropriate
precautionary measures.
4. A board of county commissioners shall not be liable for
damages incurred as a result of a vote taken, or in absence of a
vote taken, pursuant to the provisions of this subsection.
5. Agricultural producers burning cropland, rangeland, forests
or pastures as a preferred method of managing their property shall
be exempt from any resolution passed by a board of county
commissioners that declares a period of extreme fire danger so long
as the agricultural producers have complied with the following
procedures:
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a. submit a written prescribed burn plan to the local
fire department and, if within a protection area, the
local office or local representative of the Forestry
Division of Forestry Services of the Oklahoma
Department of Agriculture, Food, and Forestry nearest
the land to be burned that shall include the following
information:
(1) the name and telephone number of the agricultural
producer conducting the burn,
(2) the address and legal description of the area to
be burned,
(3) the objective and purpose of the burn,
(4) a list of fire departments and sheriff's offices
that are required to be notified pursuant to
subparagraph c of this paragraph,
(5) a list of adjoining landowners required to be
notified pursuant to Section 16-28.2 of this
title,
(6) a description of any firebreaks used to define
the boundary of the prescribed burn,
(7) a statement of prescribed weather conditions,
(8) a description of any smoke-management
considerations, and
(9) an ignition plan for the burn,
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b. keep a copy of the written prescribed burn plan
provided for in subparagraph a of this paragraph on
site when conducting the prescribed burn,
c. notify the county sheriff and the dispatch center of
the local fire department prior to conducting the
prescribed burn, and
d. comply with the notification procedures outlined in
Section 16-28.2 of this title.
5. 6. The prescribed burn plan provided for in paragraph 4 5 of
this subsection shall be deemed approved seventy-two (72) hours
after submission to the local fire department; provided, that the
local fire department may amend the submitted burn plan within
seventy-two (72) hours after submission.
6. 7. The prescribed burn plan provided for in paragraph 4 5 of
this subsection shall not include campfires, household trash, debris
or pile burning.
7. 8. Nothing in paragraph 4 5 of this subsection shall
supersede requirements set by a proclamation promulgated by the
Governor under authority of this section, interfere with the
authority of the Oklahoma Department of Agriculture, Food, and
Forestry to enforce burning laws or change the burner's liability as
prescribed by law.
8. 9. Any resolution passed by a board of county commissioners
under authority of this subsection shall be effective immediately
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upon passage of the resolution. Notice of the resolution shall be
submitted to the Forestry Division of Forestry Services of the
Oklahoma Department of Agriculture, Food, and Forestry, all local
news media, local law enforcement officials, and the state
headquarters of the Department of Public Safety (DPS), the Oklahoma
Tourism and Recreation Department (OTRD), and the Oklahoma
Department of Wildlife Conservation (ODWC) on the day of passage of
the resolution. Evidence of publication or posting as provided in
this paragraph shall be maintained by the county.
9. 10. The provisions of this subsection may be enforced by any
law enforcement officer of this state.
10. 11. Any person convicted of violating the provisions of
this subsection shall be guilty of a misdemeanor and shall be
subject to a fine of not more than Five Hundred Dollars ($500.00),
to imprisonment for not more than one (1) year, or to both such fine
and imprisonment.
11. 12. The selling of fireworks shall not be considered an act
in violation of this subsection.
12. 13. All fire departments and appropriate county officials
shall be allowed to place "Burn Ban" signs on agreed-upon signposts
controlled by the Oklahoma Department of Transportation and Oklahoma
Turnpike Authority (OTA). Fire departments and appropriate county
officials shall work with the Oklahoma Department of Transportation
to agree upon locations for signage. The Oklahoma Department of
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Transportation shall develop standards that fire departments and
appropriate county officials shall adhere to in placing signage. It
shall be the responsibility of the entity placing the sign to post
and remove signage in a timely manner. Signage shall not obstruct
the view of traffic. Signage costs shall be the responsibility of
the fire department or county wishing to install.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 9th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate