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Documentation_Regular_Tab 5-A_2/12/1998
• Laserfithed / ‘A Memorandum • Pee 05611% To: Thomas G. Bradford, Village i - • -r From: James M. Weinand, Fire Chi:• i� Vil1 g&M „ 4.01 Date: January 29, 1997 / Ce Subject: Presentation to Village Council by ERM and BLM Palm Beach County Department of Environmental Resources Management (ERM) and the U.S. Department of Interior, Bureau of Land Management (BLM), has entered into an Interlocal Agreement to co-fund and manage a tract of land, so named the Jupiter Inlet Tract. The northern edge of this Jupiter Inlet Tract is located in Tequesta, and is identified by the attached map. Representatives of the various agencies requested this item to be placed on the Village Council Agenda so they could inform the Council of their management program and the scheduled maintenance of such. Another significant point to their Plan requires prescribed burning of various tracts of the land. Both agencies have been informed that they are required to obtain an Open Burn Permit from the Village of Tequesta, even though they have already obtained Open Burning Permits for this tract from the Division of Forestry and Palm Beach County Fire Rescue. As of this date, we have not formally received any Open Burning Application packet for our permitting process. This permitting process is vital to the Village of Tequesta to reduce any liability ramifications, and to assure that this prescribed bum does not constitute a public nuisance, nor does it threaten the public health and safety of our citizens. If you have any other questions or concerns, please do not hesitate to contact me. JMW/cm • M:\Administration Documents\Bradford\020598 -,,, United States Department of the Interior r ,, x .* 1. - 1:z BUREAU OF LAND MANAGEMENT + •."6, 411 Briarwood, Suite 404 !<tvoliy'!" Jackson,Mississippi 39206 IN REPLY REFER TO: 9319 (020) FW FEB -3 1998 Dear Council Member: The attached information relates to the upcoming prescribed burn at the, Jupiter Inlet Natural Area. This is the first in a series of incremental prescribed burns proposed in the Jupiter Inlet Coordinated Resource Management Plan. The Bureau of Land Management and Palm Beach County Department of Environmental Resources Management (ERM) are co-funding this multi-agency project. The objectives of this controlled burn are to reduce the possibility of a destructive wildfire which could threaten properties in the area, and to improve habitat for wildlife. This initial burn will encompass 5.3 . acres in the northeast portion of the Jupiter Inlet Natural Area (Block 4 on the enclosed map) . Timing will be dependent on weather and burn conditions, but the burn is expected to take place sometime between March 2 and May 15, 1998. In preparation for this controlled burn, authorization has been received from the Florida Division of Forestry, which oversees silvicultural burns in the State, and a detailed prescription for the burn has been developed. These items are enclosed for your information. Also included is information on how and why controlled burns are conducted, the Florida State Statutes Chapter 590 Forest Protection, and Tequesta's Rules and Regulations for Open Burning. We hope that this information proves useful. A representative from Palm Beach County ERM will be available at the February 12, 1998, Village Council meeting to answer any questions you may have. In the meantime, please feel free to call if you need additional information or have any question regarding this project. Sincerely yours, 3A .4)c 1S Bruce Dawson Field Office Manager , -''.'.••','-t;••;2•••:•-:',,,:,it..-- ,;•_••z..;:•?.?,-i:•,•$•,!,••••,...,!•?„',4•4•;•,. :-.1:!';•:'„"•,r;!WV-':'-'",'"-:i-•-•.+:`4547.'1,-7-.1'.:*".c".•-'1•••.-.7•••••:p:.,••,. ..,.. US. DEPARTMENT OF TBE ENTERIOi..: . I . . BUREAU OF LAND MANAGEMENT JACISON DISTRICT OETICE . I • jadocia,Nriniszippi ... i 2 . : iis. Marls 1994S I • IC 6 00 .4 .-.'" • 1 . s I 4 'iv 41-• .. ,. . • tlb , , • i f• XI I V•.• I •• s ..„ NI ' 1.-' elltt•F% • . 5 .. — i...., .. .., -. . ,,,,,, I. . , . .. . • -% ; Neot.,,?1:.-. . • , AV-101w._ .. a'''. a, 11.,0 141,44461141177.." s i .1. bl •• 11.,11v4m.4314,4,,,144%, k.--i :., . ,.. , 1. oi.e.crjr'01.71:FiLdignA '..'.1 •• I. r: lb . 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Jupiter Inlet Tract lap No. 6 kiwaft. Vegetation Buffer ..-1 1 . SO Foot Buffer . 1 • 1 .... :.. . Boundary of Management }Bodo • %- , , 44.........., .....—, .. • . „ . . - - . . — . . . .• , , -• . : - , , ' - ..- -, • . - - - , . - - . P .E .C . 2 MOSQUITO CONT . TEL :561-967-6480 Jan 30 ,98 14 :34 No .001 F .O Palm Beach County Fire-Rescue Department e4acH 50 South Military Trail - Suite 100A Sou* West Palm Beach, Florida 33415 c�u 4i9R� 'Telephone: (407) 7.33-0100 "'qcr Agricultural Open Burning Application Applicant to Complete Top . Box Only jj � Name:P1 GAY in 10t �rf47`! �Sz vc�f "'lg. aP lion:( � )53 %T 6</gal l Address: L—.r ft 4-41 City: Ake talik, Business Name: . 4 -�.- Address Of Tiurning: U,J, fL n (If different from above) • Type of Agricultural Business : /110/*/'//f/•e`<-•M, 4r�•e`rl u74 (Examples: vegetable farming, nursery, cattle or horse fatal. e.t.c.) Type of Open Burning Permit Being Requested: (check on.e) [ ] General / Agricultural [ ) Agricultural / I,andelearing [ J Silvicultural / Agricultural .06 Prescribed Burning ign ure • Date of Application • . . Approval { J Certificate of Inspection by Florida Division of Plant Industries - D.U.A. [>4 Occupational License ij On site Inspection by . Division of Forcstiy : or Fire Marshal's Office [ ] other (specify) Agricultural Open Burning Authorized on , 199 by: _ or f�- ��w ' Florida Division of Pores -y 1'� B ch 'ounty Fire Marshal Or iinaI/WhitE: Applicant : MiciciW /Yellow• Stator] enpy : Back/Pink - Authorizing Agency r PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT fir BURN UNIT PRESCRIPTION Burn Unit no.:Jupiter Inlet I S31 I T40 R43 Gross acres: 5.3 I Net acres: Landowner: Federal Gov., BLM Local Contact: 9011 Lantana Rd., Lake Worth, FL, 967-6480 Prescription by,certified burner#, phone no.: Barry Jennings, 901234, 967-6480 A. PREVIOUS BURNS I Date: unknown I Fire Method: N/A I Results: B. STAND DESCRIPTION 1.Overstory Type: zeric oak Fuel Model#: 11 Density:tr/ac I Height to Crown:4-12ft 2.Understory Type:pine needle, leaf litter, oak slash Height:2-7 ft Percent Cover: 10% 3.Dead Fuels Type: 1 hour, 10 hour fuels Age:>30 yr Est.Tons/ac: 11 4.Soil Type and Topography:sandy, moderate slopes to flat C. PURPOSE(S)OF BURN:fire interval restoration, scrub jay habitat improvement, and 4-petal paw paw promotion D. SPECIFIC OBJECTIVES: bum 80%of the scrub oak understory and burn or scorch 60%of sand pine overstory-----E. PREBURN FACTORS 1. Passed Smoke Screening Test? Yes, map attached 2. Special Precautions: Protect structures on N boundary of burn unit, prevent spotting into adjacent units 3. Notification List: List to be kept at the notification center. 4. Applicable Regulations: Permit required from DOF and PBCFR 5. Smoke-Sensitive Areas 8 Critical Targets(see map): U.S. 1 to the east, 6. No.Of Crew members Needed: 17 17. Equipment Needed:hand tools, (3)type-2 BP,(1)type-2 engine F. WEATHER FACTORS I Desired Range Predicted Actual 1. Surface Wind Speed: 6 -20 mph 2. Wind Direction: NW to SE 3. Minimum Mixing Height: 1700 ft or more 4. Dispersion Index: 41 -75 5. Minimum Relative Humidity: 40-63% . 6. Maximum Temperature: 90° 7. Fine-fuel Moisture: 10-18% 8. Days Since Rain: 3-7©<1", 1-3©<1/4" 9. Drought Index: 400-620 G. FIRE BEHAVIOR Desired Range Actual Range 1. Firing Method: backing, heading, strip heading, point source 2. Best Month To Burn: Dec.-mid Mar. Date Burned: 3. Time of Day To Start: 10 a.m.-12 p.m. 4. No.of Hours To Complete: 6 5. Flame Length: X= 1 -10 ft 6. Rate of Spread: 100 to 600 ft/hr 7. Fireline Intensity: 30-75 H. POST BURN EVALUATION I Immediately After Burn Future 1. Objectives Met: Date: 2. Escapes(indicate on map): Insect or Disease Damage: 3. Spotting: U Yes U No Distance: 4. Smoke Problems: 5.%Understory Veg.Consumed: Understory Veg.Comments: 6.%Crown Scorch: U 5-25 U 26-50 U 51-75 U 76+ 7.%Live Crown Consumed: % Tree Mortality: 8. Adverse Publicity: U Yes U No 9. Remarks: 10. Evaluation By: Evaluation By: •q ? z „ ,, m } }WIyILIAlu1S ,' ecr tto a! �C- i 1 ,.a. 'sin O �I=I O LL m 5 m z ITER�i \ , 102oo - MARTI I COUNTY t ': '.ICI ERE ti.~� - Cp'nty Line R,d int�'` PAL ' e ACH COUNTY S Ja,_ . .; ....vam •7 HIL N '° y.a,Russell St �. ; .---- CTRA ti'irr J q ••CHID DR QU t•T!,- o 60• WOODLAND DR PITS •'_`� County' - :.` 9'SON•SCTiT o Pin�H�l ~ +'Z� Y `� POPLAR RD Line FIAR D flfjR:,,t.i, y bh r wpe.o . _ • t Plaza RD H •c -^: \ di 'lc., T po�`QQN �t a,•QJytt]L 5 cFt .'4 .ALLAGEI -BLVD- 's'l aRa� ,°'e+s �`'�, • "%„``s Bitro INNAMON Q•�at • - .. C� 2 mid r�Cir PL pa G� 0- F. C ui \,, '1,PaUlnCi'^f ?.Q! - .=, Riv et!Pines Ct�.� m 4BAY I y t o �\ A't p°' �`! 1leQ OTREE LA P r: ARSOR -,.. o is ova �■w Illow _•RD S tJ P• y ;'T1 'P 25 •�° MY • 9 IN 30 r CI .sue. f R�! ;; w 3 e' etree Cir '''1 q, • .. •:i plf/ Id• wood I _A --�-- F. oo• Iri R Lighthouse r--\-.... .r:...;‘..:.:?i::. `'c Ave o IaZa ash.' : •_„ ico a Cir d -tiP011.- Jnellia o4 ion '''sta'-Q—Q Rd c7 ,Sta .. it o\\► ;, Mall..- �ioppes \f• ` e " ..7EQUESTA Cal• • ry,yii eGG ep, •,> (pUESTA ; terwa Rd ;; :i0 ; `I ° D. aro• -•(� gigues • Ch�oral CoveDR• p ZmsBeaco` IISt-. _� ., Brd•e Rd ,•1�t1:7L�i'�' _O ' (� Q b Clt•�U all- QDc y M.,.Rd PI �tl' r;;;i. ro ��� 'g „ ',� o ei'h Rd Cove `Rd • c‘Par'q y ::RIVE :a l •D ■ .tA_� .,• COCONUT LA L_ •-•tyo •44 Ind .IVR. in iew RdRd -` il — - - o i Rv . .: Rd Q a I tt: I. fV 1` e r` L,l `' t • {` ¢ BeverR ¢ '- a '9 . •• No�►i•od >•c i . y d®:Ki ,. =nlct � po0,9 ' Frazie .IO '_^� +•"!T 4 d� : tivLVa I J707 ) J' PolicerI P r► , _ y•� ' 1 � �`• � ;Ugh; Se —7�' �\ . • .• •iversid R�VF.• Pi th u 1 _r. • 1: " ry4:' va Drive Park OR /� o TER _ - 1 P �i I P c 'i. �. a .� 4tC L v� rl T. a c fir hee I ���i`'�PO is_ ;� I Jupiter r a+.s • . River I �` F'',0 1 cr� Lighthouse I'y• I b.;J 1 •36 WWQP N1A Mflriaa r _, ANCHOR AY ,"'u1 • Yd N M it, 2 CUTLASS CIR 0. ': ' 'r---5C7C9p ALT ? s fit'fir' • •- '2-'-"---------..-D` �Dolphin Cr 33 %� FfwHtzcHrg. ems- �. •• 0 ../(-Park > h c el 0°' c • Q c° c4"ea z . ► tva.;:V? d, v�, %. o F �i ��t. u_, JET '5 ° ¢ E _ ..�.� ~ u '"x ubo'is _ Y •`I `. Jupit t, d a° J- a lT'40 S z al I U �—�-- Saturn I' ;Par ': . ch, - `Dr > t- ' Fire - Center .tr ELSA &ut Ran NG4 . • t-• C ,•..YACHT .`a �� Ramps•LPN ST O bra O . . � Q I Station c ue c E l I-I ' f . �ur ��. 'u �` op etry sa ' • DATURA ST PO -'} Dp- Cha . y �� : a•E� : �'Ii •= Ju•i St �' c Commerce RNE R•_• o I t W �■ _ ,; f. a �, a m r;Jupile>rBeach� �ti: co o te �� c •TM Egan us ee m, •Park LighthouseR• ;•"- o, riPark' e e r - I a t0 _' ^ • • �� r rv�LRIVER --DtitiesluQ UGH ST t } - OLD JUPITER DR ce S -`�Si •Ca _ RD S Cju �d -75 ea each Rd 3 (.2 Q ��•C�.�� „ Call PI Evernia O St= Old Jupiter c) 0j- ---7 p . . \�C vb..c`, a. • KENNEDY ST •% Jupiter 1 The Shops at Z p 'Jupiter U�� �f St �-� Concourse i l e re,:ne 1/I. y a • , N +rCourse Fern ViIJa:a y. Jupiter ane PI Fern St St s�� I . ,.: • ar Mall \ Theatre t• ,'�' M Dr Hibiscus I ='•, Reyno _ �:co 1 L___ ' --- _I P :za El �:� dt • Wn I. --— — �tr .CC .t - 1 1 upiter N• E�F.r+>,E` �, w w i 1 i4 ■, Park Squares MI L I,-a ~ > ST > LONG' 173 ---- A ,p �� Carlin Parts 3 Jupiter■ 2 Q 0 SHOALS t�..., ` ti t_ ` , Cily Hall 0071 3 ST DR LONGVIEW CT` DR % �!� f: . Police ` CT 1Ji! ui - r Dcpanment to 4 ST• 2 W I I DIN 7 Beach Perk J ., ATTACHMENT SMOKE MANAGEMENT PLAN This smoke management plan follows the guidelines established in the Jupiter Inlet Coordinated Resource Management Plan(CRMP), paragraph C., Smoke Management, Appendix D. The following parameters comply by item number of that Paragraph. 1. This burn unit will be mechanically prepared with a chopping device two to four weeks prior to burning. 2. A Burn Authorization will be obtained from the Florida Division of Forestry in accordance with Sections .590.025 (Control Burning of Wild Land), 590.026(Prescribed Burning;Requirements;Liability), and 590.12 (Unlawful Burning Prohibited ;Penalty),Florida Statutes, and Section 5I-2.006(Agriculture, Silviculture and Other Open Burning), including a review of this burn prescription. 3. The Dispersion index is between 41 and 75, see prescription. 4. Transport wind speed greater than 9 mph, mixing height greater than 1640 ft, see prescription. 5. A test fire is standard operating procedure. See the example Operational Plan, Management Unit 4, Incident Objectives(ICS 202), Objective#1;test fire is started at the initial ignition point, point E. 6. Smoke may be carried into populated areas. This area is surrounded by urbanization. Since the burn area is small, i.e., 5.4 acres, the smoke management plan is in compliance with this smoke screening guideline, and with the screening system provided in A Guide For Prescribed Fire In Southern Forests, United States Department of Agriculture, U.S. Forest Service Southern Region, Technical Publication R8-TP 11. A map showing a radius of one mile is attached. The size of the burn and the firing techniques used should not result in significant smoke impact. The one mile radius circle is the anticipated limit of any low lying smoke from this burn. 7. This burn will be coordinated with the Village of Tequesta, the Town of Jupiter and Palm Beach County. Obscured visibility by smoke from this burn is not an acceptable option. Should this occur, the burn will be extinguished as quickly as possible. Smoke signs will be available. 8. Large diameter fuels will be extinguished before demobilization is completed. " R1 • FACT SHEET ON PRESCRIBED BURNING UT t e c s n by the term "prescribed burn"? Prescribed burning is the intentional setting of land on fire, under carefully controlled conditions, to achieve specific land management objectives . The term "prescribed burl signifies that the fire will only be set when certain "prescriptions" -- such as - time of year, wind speed and direction, temperature, relative humidity, and fuel moisture -- are met . For example, prescribed burns are not set under extremely dry or windy conditions, where there would be a possibility of the fire escaof.. e ing thcontrol . relevant rreatherPrescribed and bfuel are! not -ignited. unless-. A33._ __..._ prescriptions are met at the site . • khv is prescd.bed burfiina neces arv? Historically, fire played an important ecological role in : shaping Florida' s natural environment, both through lightning-caused fires and fires set by native Americans and European settlers to improve wild crops and wildlife habitat. However, the . rapid decline of open space in Florida and improvements in fire suppression techniques over the: past fifty years have virtually eradicated fire as a natural element in our environment. • • while it is necessary to suppress most wildfires, the complete elimination of fire . as a . natural process has several negative environmental consequences. For exampie, • Florida is home to a number of endangered plant and animal spa_cies and fire adapted communities which require periodic burping of their habitat in order to survive. what kind of alannina apes into a prescribed turn? Prescribed burns are undertaken according to detailed management plans , These plans typically address : the qualifications of the persons undertaking the burn, the physical characteristics and fire history of . the site, a detailed description of the weather and fuel conditions that must be met before the burn is initiated, a discussion of the- logistics and equipment needed to safely conduct the burn, a procedure for informing police and fire departments and adjacent landowners of the intention to conduct the burn, and a description of .emergency fire suppression procedures that will be implemented to immediately extinguish the fire if weather conditions change during the course of the burn. The planning process will also identify special precautions, if needed, to assure that the prescribed burn does not impact buildings or other resources on adjoining properties . IIIP Page -2- klow are the .burns csnducted? Prescribed burns are managed by experienced "burn crews" with specific fire management training. The responsibilities of each member of the The firesbuare litrn ~ with are detailed in the management plan. "drip torches, " which are portable canisters used to drop small amounts of flammable material along a "fire line. " A variety of equipment, including fire resistant suits , specialized fire control tools, and water pumper trucks, are utilized to control the burn. An individual tprescril bed nburn rn is almost always completed in one day -- a completed in six to eight hours . Prior to undertaking a prescribed burn, the site is prepared by creating firebreaks -- linked pathways encircling the site where all fuel, such as brush, branches, and leaf litter, is removed. The burn is then ignited in such a way that it burns under control until it reaches the firebreaks, where it extinguishes itself due to a lack of fuel . Whet_ stgvs are taken to assure that the burn will be keut under control? Three lines of defense are utilized to assure that the burn is kept under control . First, the development of prescriptions governing wind speed and fuel moisture assure that the fire will only be. ignited under safe, manageable conditions . Second, the fire ignition pattern and the establishment of firebreaks restricts the fire to the targeted area. And third, emergency fire suppression equipment, including water pumper trucks, is stationed at each burn. This equipment can be used to quickly extinguish the fire should weather conditions change or the fire threaten to escape control. what ts the impact of prescribed burning: on plants and wildlife? Plants and animals native to fire-dependent communities have a number of adaptations that allow them to survive ground fires. Many plants will vigorously resprout within several weeks of a fire. In fact, many fire-adapted plants actually require fire in order to reproduce or survive competition from non-fire-adapted species. Because prescribed burns are relatively small and slow moving, most wildlife can easily escape the fire by moving to adjacent areas or retreating to underground burrows . Although a few animals may be lost in a fire, prescribed . burning over time actually increases the amount of vegetation that provides food and shelter for many wildlife species, thereby providing improved habitat for the overall population. w i BENEFITS OF PRESCRIBED BURNING FOR FLORIDA SCRUB AND PINE FLATWOODS ECOSYSTEMS Ecological Benefits of Prescribed Burning • Natural Areas containing Florida scrub and/or pine flatwoods ecosystems are purchased to preserve these systems In their natural state as intact native ecosystems. However, many of the species of plants present on these sites, as well as the ecosystems themselves, depend on fire for their maintenance. if a site is not burned periodically, it may gradually change to another type of ecosystem. A major change in the vegetative community of a Florida scrub or pine flatwoods preserve would defeat the stated purpose of maintaining the site as an example of a Florida scrub or pine flatwoods ecosystem. Florida Scrub is often considered to be Florida's most distinctive ecosystem - it occurs nowhere else in the world, and 40% to 60% of the species are endemic - restricted only to this ecosystem. Some sites contain both Florida scrub and pine flatwoods ecosystems. • Fire is useful to people; it is also useful to plants and animals. It opens areas up by removing standing vegetation and vegetative litter covering the ground, allowing space for seedlings and young plants to grow and providing sunlight for the grasses and other herbaceous species that do not grow in the shade. These species provide the food for gopher tortoises and other animals. • Fire releases nutrients, such as nitrogen, phosphorus, and molybdenum, that are stored in the above-ground vegetation and changes them to a form soluble in water that can be taken up by plants to help new growth. Some seeds in the soil may be triggered to germinate by the higher heat from the fire, or by the Increased amounts of nutrients available after the fire. • Fire releases seeds from the cones of sand pines, which typically open only after a fire. Some species of plants (such as pawpaw, frostweed, silk bay, and palafoxia) can be seen only during the first year or several years after a fire. They then produce seeds that remain in the soil until the next fire. • Fire maintains or Increases species diversity by providing more types of habitats, due to the various stages of plant community growth and the varying heights of the vegetation. This allows more species of plants to maintain populations on the site and allows more species of animals to maintain populations because of the greater diversity of habitats and food sources. • • Because scrub does not burn for long periods, the fire will be much hotter and can overheat the soil, damaging root systems and seeds in the soil. it also can kill trees or severely damage their living tissue. Sand pines 5 to 10 years to produce seeds. ▪ Fire also help control some exotic species that are not desirable in a natural area. Other Effects That May Not Be Perceived Positively • Aesthetic - scrub does not regenerate as quickly as pine flatwoods, which typically burn every few years. Because of the more desert-like conditions, the plants are slower-growing and take longer to mature. Therefore, the site will not "green up" as quickly and will not look as attractive for a considerable period of time. Even though it doesn't look as pretty, its appearance will gradually improve. • Some individual animals may perish in the fire, particularly insects and small reptiles. Birds will fly away from the fire, and gopher tortoises will go down in their burrows. These animals seldom are harmed by a prescribed burn, which is slow-moving in comparison to a wildfire. . -. ,. .... • ':4-.1.e.1k,•••,•,,P,.,.4.1;.1.f.i...••••'''..'.4.••;.i.1.••••i••.•Y • ,.. . •f :;..;t.!...M.4,..., '..a••,-,....1."-.• •• ",..f.: ...4;103. ......a;.-`;•••••••••••••:•. .;t1:-% •7•" ,c.,C4';',. ,', -• ' . '_,.,„„,••.':1,,Vil.".:.:•':.':' . "'•'. : - .... ....31.,q, ,44..,_ ,;•••!:••,,, i ,' ':-.''• "..1•4r-':ItRiir'4;•••-:;•; ' • •• . • .v.: --,., 41- -••••.'la:,'' .?,.. '..• . -tr..3,d;,,,"1.,•. .1t;':i-t; .....""l•;.'...:444.1.74•V.1:7. ' `z'..--% --i *-'• I''''.1:4; '-.- "i'''. -,"l'----F'4`-.4:; -f•. -r.ti".::.-.•_-_.•-:5".Z''.11:i . . .,..,_.' •4, • i 91;1:4 1..,,i'-':-.'•..1, 4'...- • '.3A-F.--:,..E.. : .: -;..-.. :1-....7-2..:•.-- ?-:.,-.--..11--,.:A.,-,:-‘.:4:::: ' -.':;i:- .....,,,-...-...;.-..-,• ...--::. ....!:;.,-;.,.-,-..,-,... .,.e.,.... ...,...,,,,,i.v,i, ,,... . .........._ ..-4_,.., . ..... . ,,.,.- .... ,...:- ;..,i.,,,.:.--, . i,--_ , &,.-.-,.. ,-. ,....:, ...:17,:,,..,-. -:.•..4i- f •.-'.- .,-- 'ir---.-.,-4...'-.- x ire ,:!.,:"..-t.-iz-- ''''';7' -1:?...7. :,li"..-47:::.‘";":::-.:1::::',::,i'i il...•;,-:;:l....-...,,:"If.::ei"-;....: F . , ' ,,,1.•1;.'.';'1r 4,A.7::y.‘tr .:-V.-•.•`....y.....'t-',,".-.•-,':,*r w ^"..-.`•,;.•i',f^...-r*'l''y..='1.• : ' , 14. .^7; -v-i,‘•i','4.T1‘.•.•••.,'.•.••..:‘Aii"..' •-'s '.. 41.:fle).'4;"- ''''';':1;tt'!„4,'C''-'!.,:2-1-',:',..;.*-- .':'' r;"jt''''r_;.-i6'1''. --7:',.;.i:J:el.:;...'Vi,i;Z•;1:1!::1".: ,.0 Rx for Health ii,... ....,i ...,,,,,:,,,,,,s,..,„...:„.,.,,,,,„ ,.....-,,,,,,„.... •,.. „, . - . ...., „.„,,.. ..•.. • 1:,,,- %,-",.,„-.. ,,,,,,...-,,,...„, „,..„ '3,-- •. 'I -....•..sil -,,N..........„ ......,4 2 .int.,,,,,11A, 4 • .....:.., •4u,-,r1,:,,.„ . - --, " ill,!'", ..L1 4-'--',.•••-'s-•h," ..". .. -- •f,,,....- . . - , ,i,. ... .. -•...-•-_ ,4 • i;,....!4,:f.-..-, ?,1 • in Florida's -..,•- ..N., , • ....,.r. •.. :...1%. ,,.:,-.3. .... ,, ........•. ----%14.-_,r.•• Ei. -- .. %. ''• ••••• •• 'Zr.-tV. t '',..., . • •.'.'...i F.14.-,...-.,.. • . .• • . , • • •. • b zs. •••.• • ....ip.,,4 4,:,;- Natural Areas .., _ • -.),, . 1 ,r,-** 114111ti ._ 1.. . ,t'l—0., X.•!• -, 0.,. -ion- tf • -:.,.1,,i'Jfi'9f 1, by Robert Dye • • ... ,,-, ot.„-- .....;::- •-•:,...,..„ .. • i$ - , - ..?.s..+, 7,• si .... .....-Aa'Fl." 4,..," ••3-.,.1-....:.--7.'I - .•1/4;1,0,4. • ...1• . ,•••. . : .. . '27.:.s.'i'';'''•• . .•... 1,•• •*1....i !, . V--fil • ' • . ‘ ' '2V111 4 t.-• — • -17• • ....s• --- •'• -, % ..-•:•:. ..- :r"-:‘ -'---.-=;1';".,''. ,*c. ' !...7 •v•i',. ' ---!--,s„.-,,-.N....•:-..,- 4-_---. i' .-iji'.. S I,. --Tr!, .,, i...i."..,-, ,......,:-.,4-,-,.. ow s.74 ‘ --). .7, .-7, -._;,-,.: A,' ,....!,••VI. t.:,'in‘.. 7 le- •-,(1-,,;-#...... •••*.•'., ,.\ - I I /i.. •-1-.- - ;:v?--,ir ,I.....- 7;1t •r.-- : • k IC' 1 - •• mokey the Bear's script writers would have us believe that Eire . .• ' devastates plant arid animal life. In reality,the exclusion of fire t...- is far mo re devastating to some of Florida's natural communities. :••"',...,'''''...4,,'3-,:".1:114.-4'4:"-.!...-;;....4-- ,,':.--.L.F.`;-,..,, i- 'i'• :.)1".c II ,.' Those who are ecologically aware recognize that fire is integral i .- '-':--IL' '-'-'4=t :::,';`-'•-' A.-.' V...1•'' .t. 7.•• .:•"1 .1 . to the survival of many species of plants and animals and is a l':, , -,,.--,- ......r:',..j.„....7-fa• -',' .i'...-‘ ....-..1., ....!-4,r,., ,t.." '•.-s"' ,..,;,:lpreo.,,,,,,.k,,,..?..:.,,%.„:„rity.47 ;...e.„,/,,....:47,- . i7.'11.!,?-•,,i,,•,-,k.•cliiv,•z.„-:',..z..,,a..,. .-- natural component with which life has evolved. Fire's limited -- *.I.N ;.',i- \."----,41,!..4.t. pp,......,.•,,C,-.. '....1.;..":,; ,',- r.!,..p',.... ,,:f,..",. -1 negative impacts must be weighed against its far greater positive i i_ ....„,..,,,,,.x.- '1., g' ,-.4.-t".;' ,11--T_Jivk pipe,41, r•La • ' . 1 s'if...'. -pi". •,<,:.-^'''?f•;.' r',.:1.-. i!' 'ci..;.e.,.. ,,No'C' ' .letr..y.". ..; contributions to those biological communities that need it to ,-' ,---.-- ,,;:i.,2,•;,„,,, ,i.j'-'1 1 tf•V ei;A .c;., ...'!,,....,,;..;:r.'t I remain healthy. 4- .)---,-1,1,;,:-.- ......-n-- .,.!i-s.-*.-,;-.:w74-4:-,_'r-T:',:":.:•.'„,/••':4;,,:,1:''r.''::::*?:,•lf,',A II;I' f.: '':--' '''...."';:- :. "ittit t?.,./--.14''.1-;'/.7..'-,;F;-r.---;r4•1'..:,..‘t,.i;•:.:4i'l..'•i'cf-2,)'1';`," i For countless millennia prior to man's arrival on this peninsula .' ..OttAli_!>.'...'.7,S'i'r ,11 .-. •.!1 ,,l-z.;12...,;ria.7.,„4 ,-4k,-,";'39-..=.i',:-.471:).-. i now known as Florida.lightning fires most frequently ignited t...0 ..-,."...P;;'):--'-7,1?:-.'"...J..e'sf'''.4';''1,--,,7-if-*,.,:.,f1\7:...!...;''z' . . ‘;;'.?"..iy:. .,#, ‘,,,,:- r.. in the late spring and early summer months.burned as freely as .1',..-14:-;•-•1•.-., :::.,t-V?:Sjil!I ..:•4.17:',:'-ip'. '-'." .:.'.*".• • ',-t_..74:";?* .;..3 '':•.frK'-,f:Z':- • natural barriers and other physical factors permitted. , -;"'-. ,.'-'1, -- 1--).1-.1- !..-4',..7i...-jt-1- ;''2:' -1‘7 - 1 ,:..:A17 ''‘'' '_1 ' .:1341.4,77 .-•:.1-1' 1'. 1 '...-:••,4:;V:'•: :.• Arriving more than ten thousand years ago,indigenous peoples t....,:, ;--,:-... ,•-•,'",-...,i..'-'•.:.„':.'":.ir,••_ '•':ri•---..:f'-'4.r.'41.7 ", .,„'..n.- ri.. —the Indians-settled this land of fire-maintained biological • -c.--••r -_,' - 1144!: •,,...,t.-._<-. ,'taf.3 1'4.1...,..%`'. • 5..ii':-...:-".:1-'. ill Itt.,',r';', ; -,$.-.7"-, ,,....,?1,-- •±„,;.JP:: - '; ,•.,,-:,..-,1,17-..-..' -.1. ..,,-. IL;,-,F,.."''',....ii1:;i1:17-''ff.'`: :%": communities They found it rich in plant and animal life,and for ''--'. :• -""-'--,''''. 1-7,,- -'-'-:-.--",-....-'-''..4-t'1,-; I; '.7.-..4.t.''''''.!--.-'11.,:-.:.?:!:--' "- -=';'. ,-'-',1"' a variety of reasons they purposely burned areas that would carry .rt.',`:•'''`;,-.41-,:i.',74:':‘,...7) ..:-.---7. -.1.'11-3 ' : '';'','-.":f;:•';': ':'=•.;Ii.1 fire. 1 -,zr.,-, •' -...:'...;.,",.i-1......-- -. -7.-.-.,-- •:,- :-..P • 4:-., 47:31-.1....),-c"Zel ,..; •,_ :' •'' - '"-- lt:-.'-1•4-0i"..!:4-,..1-•' --4, . ,.. ••••:IV-4' -;' '°:."•,••''' I'':'"-A';Iv: Europeans"discovered"a Florida dominated by open savanna- : •:.„..„7-,1:•',.V. '...:,• 1-7. --- --.- Pk; •• f k-`4,-,' -- like pinelands to the north and expansive wet and dry prairies\,„,,a, 1 . ..,.: - i I,_-.1.-7. . ,...,---•,-;,...:. ... iv I., • " '. - -.---'7'.-''''` ';?''' 1- ' "ir':V: ' ---1''-'1i-t... :1 '' with scattered open pinelands to the south.They brought wit.h -,.-.',5; ..f.v.,.,4,.7 r:.---..s.c-1,--..,..4., - I , (\...r.::....-; ..:1-‘1:. 1.,,•..: 7::,:i. ' -Pr'''.:.•- :s-'*-;"•) . f• ',..r••:.- ) • '..4 -,•••,VA''i.:7•41' •• ., •V -. them a long association with fire, and continued to use it in . 7 ...-.1,.-,-,•.....,-.--.7.---, .‘----...,-,-;:-f-i' --.:....t• - ---IN.-7,--;•'!i'-. -•i, i'''' - -*L.-' it '• \ -1.' • -l•--- -- ''' •' , '. Floridalargely to improve grazing opportunities for cattle. ...- -.....r..__--7-...z.. • .):-..,-,„..- __,....7,N 1..P.p.„1 ._:.1.-, _-li-.. :,- .• . ',...r ,-.,,i.„-:-.....„, • 114;:'";:".'' ... 1 '' By the early part of this century,so much concern arose regard- .. '',_-.,-:i:„, r , •,-:11.,‘ ,,-;.„---7 gi4i.i•,s,,, ,_,y1.... , ,?, ,K, k...ti!je,,,c, (.., - 4 .-.•..4 ., ----L:"., ''3,y/,...,.•''''.3-1.••Isr---4 r. "iiitik•;!•,!-,-.., -;:-5,:?-:•-----.,....-••;i•••••11! ; ing the frequency of burning by cattlemen and the fires that '"' ;11 -'4'" '--:•""`,.;f4:"'-: -".1-t1 ' .1..)7-" \-../.,..:;;:.''',".---'1..-"P''is'i•-•;:-:( - burned over the slash-strewn aftermath of"cut and run"logging '' -•' • ' 1 -7-z--''''!.1 i'-';''f'',15-' 7i.,t-C't,',:v-:i`J''';'?;•:..r.-,V(3-,.,..:zi-i',` ): ' •4 . 1. .1-.' ' ).. ./f::'..7'!iii.T.'-iift-;•1 i i..iP} '' 1'4•V-....-'.1 N‘!../..'N.'-'-Vir Vi c K•.".‘1.'1 operations that a protectionist attitude emerged.It was thought I I I-,-,14-'4i-"-' ; •.3.'7,....N.f2(ii-f V.ii,.;',e,j'-- /./W .t',3f-:--.,-,ft::7-e7,-;.ii--..:1-, if:"., that fire prohibited regeneration of pinelands and that it "." i:,' '-1 c " ' * L. c's AF';' i ,f ;•••••=1'..-s7.7i4.if:-4.4:1 fll':ril—-4(.15,,c''Ilic i......: harmed wildlife. ) /1'*;'4'-:' i.'1 il .;..,1*-'::::,-;v-.) -Avij,-.1.--,-..-?,ik...,k, ;:.--,,'1!yr-i'...:;1'J'''j1:47;:g.:;3;2toli`;:.:''''''' 1. niciBuyetshe(p1r9im30asril,ayn:carieanasesing),pfroorcbleedmgoLdeervnainsteanttinaggwil.e •'17.1.-r' •-, ,41.-',,si-I it 1:--- ...:1','rq;=,/4-'4,:).11,;/- f'ti made possible by fire suppression practices and exclusion tech- I"41 i`- •.. 'r' 1 -1 it t'i. f';;'•d'il" rtlfir''..i,3- , 7.'....-' %1 ,-.1--1. ,i I nCdfirieetS0 ; 1 ': „,S,(i;i,::.1,:,.) 11;,":i:r;rj.rrili'..1: -'-"':i' ifev;r:-,i,.N,,-:-/.-3 ,,i • 1 - I - f -----•'''''-;---1..y,..-,III ii-..-,,,..7,..:f-,p ,---;;;c, -- .../1;.--, ...t.,-, ,i. . ;.. reassess their judgment of fire.Many cattlemen and quail"plan- , -. -. 3.1 , q-...., • ..., ...,-.i e•,.--!. - i •. ;;,..." ",- •. Z.: ,Ze.:'• ( ....:.. 2-7-144.•>.:1 121:iii;'.i:IY:1::ir•"' lfrjf.,.Illie;/;111;41,441,, s-.115:1: 4,:jtf;:**31/! -', .' tation" managers had continued to burn despite regulatory ,5 ,1,.:-..', . 1/1-;, .A1147z73.'tiT:1-. ;14.1;'4.7.:"./....,.- .?4,--%....r.,.. :-1.-:.: measure&Their frequently burned woodlands,which had fine \ •,• i--1:- 7 „ :i-::;teaf,Z'?1:-.4 .71 ''/I*4- 1j, .11-,V., ,!;:il-i ......?-: timber stands with much wildlife, and new research, which iit.',../-;...-.2_,-.,7-_,..•-•----,.-....- -•„?..,Y kVk•r-ci,.:,•:,/i,,f's,),initli.e.'i• •••••!..+-..--!:t.••••••.s." 11... 4.,4,..--?,:,,,..elifri.i:f.r,P.rfil.,4yr.:4, I. il.114--.,-:;13'51.1,4,-;1,...,i.-1.•,-, documented that fire was an important component of pinelands, 1 , V4-fc. •V ,C,1•4,-71,-.:1-f,fe";,4.:t:9c--e7.31':'-7"0;12;.`-v,%'.--I also presented convincing arguments. .i.j".•-;11,c,..•••'r.7.-:-;-• ;5:-'.rif''''.y'l=IA rni.q.'47711,11j.:11"..-/3-'1"."•••1 '4.•,r'.71-:13"I .1. ..; ''3 -'11 t. 1.'1 lyr' 4••i t •- ::i The young slash pines emerging from the grasses are responding ,...:.f.;57--;,),1.2,..;.. k-„z:t',.tie 1+.:-1,1.. ,2#.10 stAia•,Itri4,1.;:f:.t,e1:'.'s. *.kff4:20..i_,,ifilve 1,2, to a fire In the Falcahatehee Strand 18 months earlier i,-if,:::,rr._•,•-„,-...-;‘'-ir.-..•,..,:,:,,p447.,...-1454,1.'1. .,.' .)34 f;t:Mt.6k.i.;1 i',,.1 ei"•:,11 rei il..'1:'r„.',''...,''''?..• i , i . rw 1.1 1-siy!,111-1- ,?:,`45.!.,1;t .. 11 e ....-,... --y..-cvp!,.-t ii...c, i . .„al:•s .• •?-• -,7.-.,-'';',.N,• -' _....• • -4- .111-',114'ei.:70:•r.. ?'.-• lsi. Vio4"-% -1- - E i'` ..•:t---.•••••.,•• •i'• •- • : - -... - And so,controlled"burning was born. as laurel oak,water oak,and live oak,but behavior affect the impact on the corn- although accepted reluctantly and accom- also such species as wax myrtle,persim- munity, but in general, regular burning panied by great debate and reticence to mon, salt bush, sweet gum, and saw • keeps fuel levels down,reducing the engage in fire management practices. palmetto(which is a ubiquitous low plant potential for wildfire, Known by the preferred term — pre- in fire-maintained flatwoods and dry • kills or reduces invading non-fire scribed burning —fire management to- • prairies,but will grow in treelike fashion adapted plant species, controls disease- day is used and recognized as essential to in the absence of frequent fire),and many causing organisms (e.g., brown spot proper management of many habitat others — not just plant species, but the disease and root rot in pines), types and for agricultural benefits, animals that depend on them,are lost.As • releases minerals tied up in dead worldwide. herbs and forbs are shaded'out, insect plant materials to make them available for The natural role of lightning has not populations change,vertebrates that eat use by living plants, only consistently, been ignored,but por- these plants and insects decline, and in • increases protein available for her- bivores via freshplant growth,which is frayed as something malevolent.Only in turn larger predators follow suit, the last decade has the extreme impor- Also,as the aspect of the area changes higher in nutrient content, tance of burning during the lightning in composition and vertical distribution • scarifies seeds, thus increasing the season been verified and recommended of vegetation, animals preferring the percentage of germination. by ecologists as critical to promoting the more open aspect will no longer find the • reduces the shading potential of well-being of natural systems. area favorable.It should come as no sur- shrubs, thus aiding photophyllic plant Some of the hows,whys,impacts,and prise that most of the terrestrial animals species. responses can perhaps serve as a cursory and many of the plants that are recog- • creates seedbed conditions for plants introduction to the complexities of fire nized as threatened, endangered, or such as pines that have seeds unable to ecology. otherwise rare are constituents of penetrate litterlayers easily, - The Effects of Fire Su ression Florida's pyric communities. The Red- • and, most importantly, maintains pp cockaded Woodpecker and Scrub Jay those conditions to which the flora and Fire suppression and the changes and have exacting habitat preferences that are fauna of the particular community are practices that have effectively eliminated created by fire. The gopher tortoise, adapted. lightning's role-have permitted succes- Florida mouse,and Sherman's fox squir- Effects and Recovery sional changes to occur that must be reI favor the openness of wiregrass- recognized.Although the concept is far carpeted longleaf pine sandhills,while the Few animals are killed by fire, espe- more complex than will be described Crested Caracara and Burrowing Owl cially during lightning-season burns here, it is important that the impact of haunt only expansive open areas with low when insects, reptiles, and amphibians • excluding fire be understood.The percep- growth, such as dry prairie. are capable of movement.I have observed tion that fire is destructive has arisen When shaded by a developing canopy and directed many burns,as well as per- largely from fires that have occurred in of woody plants, then Florida coontie, formed post-burn evaluations and long- areas where natural burn frequency has pitcher plants, Florida bonamia, hairy term monitoring,and have yet to witness been disrupted. wild indigo,'Curtiss'•milkweed, and a or find anything more than art occasional Some fire-maintained (pyric),coca- multitude of other plant species decline casualty.Box turtles are the most frequent muni ties, such as sand pine scrub and dramatically in abundance or disappear vertebrate mortalities, and sometimes a scrubby flatwoods, have long intervals entirely. These species are victims of glass lizard or snake.Mammals are rarely between fires because the scrubby vegeta- declining habitat not only due to level- killed. Lion is not readily ignited and will not opment, but also because of failure to One of the most erroneous myths burn as easily as otherpinelands,prairies, properly manage with fire. about lightning season burns is that they and marshes. When they do burn, they are harmful to nesting birds, when in seem to almost explode, yet such seem- Benefits of Burning reality the bounty created by.the burn ingly catastrophic conflagrations are On the other hand,plants and animals, assures greater survival of fledged quickly followed by regrowth of under- and in some respects humans as well, broods.Birds may infrequently have their story plants and reseeding by the pines. benefit from regular burning of these fire- nests destroyed, but many species will In fact, a large percentage of sand pines dependent plant communities.The con- .. 1,`ta have cones that will release seeds only if dition of the area prior to burning and the heated by art intense fire. many variables governing the fire's .A 'w• , r. '.`-•` On the other hand,some communities •,�; •m need frequent fire.Slash pine and pond ''—._,, .L , :f�:,. - . !. '�X• pine flatwoods require fires as frequent- �.' v= ly as every three.to seven years and will = : . tolerate even greater frequency.Longleaf . ' - ine-dominated sandhills and dry prairies 7 `' • thrive best on an annual to three-year • interval. Wildflowers make a comeback -- - If"protected"beyond normal fire inter _ a vals,pyric communities lose the4 months attar a burn ins diversity Fakahatchee wet prairie/flatwoods. ; and abundance of plant and animal :; '' ;. . species they once supported.When corn • - . munities dominated by herbaceous growth become dominated by woody • plants—primarily the invasive oaks such Photos try the author - '' v 't'' .: ,. : - FLORIDA NATURALIST,Fall 1989,Page 3 • - �.-..w.- -.. _ �...- .. --ram renest, and the new growth after fire Species such as saw palmetto have such created with good intent, his message is t , assures that subsequent nesting attempts. large reserves that they can often easily often misleading, for the importance of will be successful. overshadow herbs and forbs which ex-will to natural systems management and Actually,not many bird species nest in penance little growth until warm temper- other useful purposes is now well • fire-type communities during the light- atures and seasonal rains return. recognized.Emphasis on suppression and ring season, and those that do are either Fires that occur during the active exclusion of fire continues on much land, multiple nesters—doves,quail,towhees, growth months of herbaceous plants are despite loss of species numbers and grasshopper and Bachman s sparrows, far more effective in preventing invasion diversity. • and others— or construct nests in loca- by woody plants.In healthy communities As critical as fire is,natural fires can- tions that are unlikely to be destroyed or with frequent fires, most woody species not be permitted to burn in most cases • even affected by a conflagration. Pine are dwarfed because they are regularly today. Development and other changes { Warblers and many cavity nesters such as top-killed and must frequently draw we have thrust upon our environs also • • Eastern Bluebirds, Great Crested Fly- upon their carbohydrate reserves for prevent fires from occurring with former catchers, nuthatches, woodpeckers,and regrowth to effectively compete with frequency and from functioning on a others,construct nests more likely to be other plants. large scale as they once did. • out of harms way. Many single brood Overstory plants such as pines are Prescription burning can be used to species, especially raptors such as slowed in growth if extensive needle replicate original fire regimes or to help vultures,Ospreys,Bald Eagles,Red-tailed scorch occurs; however, this is not an meet an array of economic or recreational ' Hawks, Crested Caracaras, etc, nest in important consideration if the trees are objectives.Regardless of the purpose of the winter months and fledge young in the not being grown for wood products. fire's use, its safe application and public early spring, before the natural fire Pines, with their thick insulating bark, acceptance are the key to continuation of season. - ---------_--- --_ suffer very few casualties as a rule, but this necessary component of pyric . Smoke from prescribed fires has little serious kills can occur in pinelands when communities. impact on plant or animal life.Over 90% fire cycles have been disrupted due to Often called "controlled" burning of smoke from woodland fires is innoc- human interference or inadequate fire because prescribed fire is applied under uous carbon dioxide and water vapor. management. conditions selected to achieve specific re- Woodland fuels produce minimal quan- Some herbaceous species are "fol- quirements and goals, fire management titles of hazardous gases such as sulfur lowers";that is,they appear in abundance can entail complex prescriptions.Factors dioxide and nitrous oxide that are a well- taken into consideration include: afters burn at any season.Responses are known consequence of burning fossil often dramatically different from month • type of plant community, fuels in our automobiles and by industry. to month, and the regrowth - in both • date(s) last burned, Any combustion produces carbon mon- species composition and numbers—on • overstory/understory composition 'oxide,but it oxidizes rapidly and poses no two similar sites, burned as little as two • fuel description (live and dead threat to life In quantities produced by weeks apart during the lightning season, vegetation by size and vertical woods fires. can be quite contrasting.It is this array of distribution), Yet smoke is of great concern to fire , responses to fire that leads to the diversity • topography and soil, • managers because it can carry as far as of •species, composition, and structure size of area to be burned, thirty miles and more,Some discomfort ! within pyric communities. • degree of fireline preparation and could be experienced by persons having presence of natural barriers, The degree of change that occurs when respiratory diseases if they were directly Eire patterns are disrupted, especially in • personnel and equipment needs, i; exposed to smoke for long periods, but communities requiring short interfire in- • smoke management considerations, ! the most objectionable aspect of it, tervals,is staggering.For example:when • special precautions and concerns, .f. besides that it smells and looks"bad';is grasses and other herbs decline or disap- • adjacent landowners and agencies to • that it cart limit visibility on roadways if pear due to shading by increased woody notify prior to burning, - dissipation factors are poor.Smoke man- species,gopher tortoises,too,will decline • preferred weather factors (wind agement is therefore a primary concern of and ultimately disappear from an area direction and speed,transport winds and • fire managers,and every measure possi- lacking the requisite food supply.At least mixing height for smoke dispersal,stag- L ble is taken to minimize the impact of (two dozen]species cohabit tortoise bur- nation index, temperatures, relative .4 smoke and ash fallout. rows,and every animal that is somehow humidity,fuel moisture,time of day,days Soon after a burn,fresh growth sprouts dependent on the groundcover and the since last significant rainfall,and others), on plants. While top-kill,an be nearly tortoise •will be affected as well. • month(s)of year in which to burn, total among shrub species, few, except Winter burns are useful for silvicultural • type(s) of fire to use, non-fire-adapted invading species, are and other agricultural management,but • desired fire behavior, completely killed. Similarly, biennials lightning-season •fires are necessary to rate of spread, and perennials in the herbaceous layer stimulate natural aspects and reproduc- • and any number of other variables • may have last year's growth consumed; tive responses of numerous plant species. that can affect results: however, they, like the shrubs, will When one thoroughly investigates insect This list is hardly all-inclusive, but regrow from root systems. and other animal requisites, it becomes it serves to illustrate that this is not a Regrowth is slower following winter obvious that in the long run,burning at simple process. Burning within the pa- burns than following Iightning season appropriate intervals is necessary to rameters set by a given prescription does fires because conditions that trigger assure perpetuation of healthy biological not guarantee all the desired results,but growth are not as favorable.Winter burns communities. it does provide for greater safety and ob- favor the regrowth of woody plants that jectives attainment.One important point have carbohydra to reserves stored in their Prescription Burning that must be noted is that many regula- root systems during dormant times. Even though Smokey the Bear was Howl i,vpM, Phi. l,ea of praerrihoel faro, Page 4,Fall 19E19,FLORIDA NATURALIST . . „and authorization to perform burning must first be obtained from the Florida A stand of pines Division of Forestry and in some cases the of normal density,• . ..- county In which the burn is to occur. probably burning Techniques from a lightning fire. ,'•s. ' ' ..11. lir. P i Based on the condition of the area to be Note that the smoke is y r'•,.•' ,:re”.., j rising vertically, }, -. ,. z burned and long term goals, fire can be ; 't • • . -,4 ' :�•• ' C causing little impact +. mac,, a applied in a variety of ways. There are except right at the fire. l- w'F't.- '� `' N Y- S three primary types of fire: a head fire, `".: _' o which moves with the wind: a backing " J` % • .' f fire, which burns against the wind; and ;,, .`--„•, 't` r _ • , .[ - a flank fire,which burns parallel with the fires are that larger blocks can be burned fuel once the wick is lit. A burn team wind and spreads perpendicular to the more quickly, they can be used in most member,at the direction of the fire boss. wind. cases except where heavy or ladder fuels will ignite the drip torch, which when Combinations of these types are often (that will permit the fire's spread into the held inverted will drop a steady flow of used to meet a range of purposes from tree tops)exist,little wind is required to burning fuel.He or she will then"string" more effective control to a blend of in- carry the fire, burning under conditions fire by walking along the designated fire tensities more closely approximating the of highhumidity torch. conditions of a natural fire,and resulting um y arid high fuel Moisture line with the drip in the mosaic of responses evolving from is possible, and wind shifts pose fewer Bums can range from as little as an acre such burns. problems. to thousands of acres,depending on the Head fires have a faster rate of spread Flank fires are used most often in con- objectives and areas involved. With (approximately 600 to 1300 feet per hour), junction with head and backing fires. ecological management and game man- burn more intensely and sometimes less Other types of fires are ring fires, agement,a general rule is to never burn thoroughly than other types,and can ap- chevron fires, and point source fires. large percentages of the entire manage- pear quite dramatic because greater flame Ring fires are primarily used for site meet unit with a single burn but to have lengths and volume of smoke occur. preparation and disposal of slash follow- numerous "zones" scaled in size and Fires that burn against the wind spread ing logging operations, and involve the scheduled at different times and years to slowly(approximately 70 to 200 feet per encircling of the area to be burned.They achieve diverse conditions and stages of hour), are generally less intense than. are ecologically unacceptable,because the regrowth, other types, produce less smoke while technique guarantees entrapment of Mechanical treatments, such as mow- burning(though smoke is produced for a flightless animal life in the ring of fire,as ing and roller-chopping, cart be used to longer period owing to the slow rate of well as causing intense heat toward the control woody plants and reduce fuel spread),and consume more live and dead center as the ring of fire converges pro- heights,but such practices are not selec- fuel in many cases due to their slow move- gressively faster due to the convective tive in terms of what Is "controlled" — merit. Flank fires are intermediate in winds created. pine seedlings that might easily survive a spread and intensity to the other types. Chevron-shaped firing patterns were fire have no chance when mowed,nor can The most practical use of backing fires developed to facilitate prescription burn- mowing or other mechanical means pro- is for fuel reduction in areas that have not' ing in hilly topography where fire be- vide the stimuli and patterning fire does. burned in some time allowing heavy fuel havior can be erratic.They are not well Mechanical measures have utility to aid accumulations to develop.Unless an ade- suited for use in Florida. in restoration of areas that have exper- quate amount of dry, fine fuel (grasses, The point source fire has grown in use ienced fire exclusion, but in most cases leaf litter, and very small twigs) exists, largely because of the increasing practice only prescribed burns can fill the void backing fires are difficult to ignite or will of aerial ignition. When incendiary created by the interruption of lightning's result in patchy burns.The slow spread devices are dropped from helicopters former influence. of backing fires requires that winds be along a planned line,the ignited"points" Florida has no claim to uniqueness strong enough to prevent heat from rising grow In size, coalesce, and form a con- regarding fire maintained systems.They and damaging the crowns of trees when sinuous line of fire.Similar ignition pat- occur nationwide and worldwide.Land silvicultural burns and fuel reduction terns can be achieved on the ground . managing agencies and private organize- burns are conducted.Winds of four to ten manually, but aerially ignited fires can tions are constantly advancing both their miles per hour are best and care must be Permit very large burns to be conducted ecological knowledge regarding fire and taken to assure that theburn is done when in a short time.Multiple line point source their level of training for personnel there is adequate soil and duff moisture. fires are used in silvicultural, range, and responsible for conducting burns and to prevent root damage and basal pine some game management applications, managing pyric communities. girdling if duff layers are thick and the rate and are increasing in use by natural Hard times exist for all fire managers of fire is to be very slow. systems managers. and harder ones lie ahead unless public Head fires require very secure control Once the type of fire is selected to meet understanding can be won.If we fail to lines since spread will be rapid. Fire prescription conditions, the most corn- allow these fire-type communities to managers utilizing head fires will fre- mon form of application is by use of a drip burn, their death knell will toll loudly. quently burn toward a natural break such torch containing a mix of diesel fuel and Robert Dye, Florida Park Service "as a hammock(broad-leaf forest seldom gasoline.Standard torches hold approx- manager for the southwest Florida burns),water body,orblaciclined area(an •imately three gallons of fuel and are district,has been researching fire ecology. area previously burned to create a secure equipped with a spout designed to pre- • leading workshops in fire ecology, and control line). Some advantages of head vent explosion or internal ignition of the conducting prescribed burns for13 years. FLORIDA NATURALIST,Fall 1989,Page 5 • JUL-22-1997 14:39 .._ PEC ENVIRONMENTAL P.02/10 Florida Statutes 1991 Chapter 590 Forest Protection ' 590.29 Illegal possession of incendiary tion;conditions. device. (1) As used in this section,"wild land"means: 590.30 Penalties for violating ss.590.28 (a) Uncultivated land other than fallow. Such land and 590.29. may be neglected altogether or maintained for 590.02 Powers of division;appointment of forest suchpurposesas wood or forage production,wild- investigators and rangers:powers and life.recreation,or protective plant cover. duties;entry upon lands;arrests. (b) Land virtually uninfluenced by human activity. (1) The Division of Forestry, in connection with the (2) At the request of the governing body of a county,the enforcement of this chapter and other forest and forest fire Division of Forestry of the Department of Agriculture and laws, shall have the following powers, authority, and Consumer Services is authorized and empowered,subject duties: to the provisions and qualifications contained in subsec- (a)To enforce the provisions of this chapter and other tion(3).and provided the owner of the land does not object. forest fire and forest protection laws of this state; to control burn any area of wild land within the county which is reasonaly determined to be in danger of(b)Toprevent,-detect,-suppress.andexdnguishforest-------=----;—.-----�----b- confla- fires in this state and to do all things necessary in gran tion if any open and uncontrolled fire were to occur 1n"-- the exercise of such powers,authority,and duties: the area. (c) To provide forest firefighting crews,who shall be (3)No area of wild land shall be control burned under the • under the control and direction of forest rangers provisions of this section unless notice of intent to control and other designated agents of the division; burn.describing particularly the area to be burned and the (d) To appoint district foresters, assistant district tentative due or dates of the burning. is published in a conspicuous manner in one or more newspapers of general foresters, investigators,forest rangers.and other employers who may.at the division's circulation in the area of the burn not lessthan 10daysprior discretion, to the burn. be certified as forestry firefighters pursuant to s. 633.35(4); (4) In addition,the Division of Forestry shall prepare. (e) To develop a training curriculum for forestry and the county tax collector shall include with the annual firefighters which shall contain a minimum of 280 tax statement.a notice to be sent to all landowners in each hours,including 40 hours of structural fire training township designated by the Division of Forestry as a high conducted by the Florida State Fire College of the fire hazard area-Such notice shall describe particularly the Division of State Fire Marshal; area to be burned and the tentative date or dates of the (f)To use the resources of the division on state-owned burning and shall list the reasons for, and the benefits expected to result from,control burning. parks and historic memorials wherever located within the state to prevent and suppress fires,to cut 590.026 Prescribed burning;requirements; firelines, to establish regional firefighting crews liability. who shall be authorized to suppress fires on state- (1) SHORT TITLE. This section may be cited as the owned park lands,and,subject to approval of the `Florida Prescribed Burning Act." Executive Office of the Governor,to use funds not (2) LEGISLATIVE FINDINGS AND PURPOSE. otherwise appropriated for the purchase of the • - necessary equipment for combating fires in state (a) The application of prescribed burning is a land per, management tool that benefits the safety of the (g) To make rules to accomplish the purposes of this public, the environment, and the economy of chapter;and Florida. Pursuant thereto, the Legislature finds that (h)To provide forest protection services to the public 1. Prescribedburning reduces naturally occurring on a request basis and to set and charge reasonablevegetative fuels within wild land areas. Re- fees for performance of those services. Moneys collected from such fees shall be deposited into the duction of the fuel load reduces the risk and Incidental Trust Fund of the division. severity of major catastrophic wildfire.thereby (2) Forest rangers,and the firefighting crews under their reducing the threat of loss of life and property, control and direction, mayupon enter any lands for the particularly in urbanizing areas. purpose of preventing and suppressing forest fires and to 2. Most of Florida's natural communities require enforce the provisions of this chapter and other forest fire periodic fire for maintenance of their ecologi- and forest protection laws of this state. cal integrity.Prescribed burning is essential to 590.02S Control bunting of wild Iand;authorize- cheperpetuation,restoration,and management • JUL-22-1997 14:40 PBC ENUIRONMENTAL _ P.Osii� ( • . 1 — Chapter 590 Forest Protection _______ of many plant and animal communities.Sig- ment of Agriculture and Consumer Services shall promul- nifieant loss of the state's biological diversity gate rules for the use of prescribed burning. will occur if fire is excluded from fire-depen- (5) REQUIREMENTS; dent systems. LIABILITY. 3.Forest land and rangeland constitute significant economic.biological,and aesthetic resources (a)Prescribed burning conducted under the provi. of statewide importance. Prescribed burning sions of this section shall: on forest land prepares sites for reforestation, 1. Be accomplished only when at least one removes undesirable competing vegetation, certified prescribed burn manager is present expedites nutrient cycling, and controls or on site while the burn is being conducted. eliminates certain forest pathogens. On range 2. Require that a written prescription be pre- land.prescribed burning improves the quality pared prior to receiving authorization to burn and quantity of herbaceous vegetation neces- from the Division of Forestry. sary for livestock production..__- ________.__.__ __ _____---T- ______ 3. Be considered in the public interest and 4. The state purchased hundreds of thousands of shall not constitute a public or private nuisance acres of land for parks, preserves, wildlife when conducted pursuant to state air pollution management areas, forests, and other public statutes and rules applicable to prescribed burn- ` purposes. The use of prescribed burning for ing. management of public lands is essential to 4. Be considered a property right of the prop- maintain the specific resource values for which city owner if naturally occurring vegetative these lands were acquired. fuels are used and when conducted pursuant to 5. A public education program is necessary to the requirements of this subsection. make citizens and visitors aware of the public safety, resource, and economic benefits of (b) No property owner or his agent,conducting a prescribed burning. prescribed burn pursuant to the requirements of this subsection,shall be liable for damage or injury 6.Proper training in the use of prescribed burning caused by fire or resulting smoke, unless negli- is necessary to ensure maximum benefits and gencc is proven. protection for the public. (6) DUTIES OF AGENCIES. 7. As Florida's population continues to grow. (a) The Department of Community Affairs, the pressures from liability issues and nuisance Di vision of Forestry of theDepartmentofAgricui- complaints inhibit the use of prescribed burn- turn and Consumer Services,and the Office of the 1u g. State Fire Marshal shall prepare a report to be (b) It is the purpose of this section to authorize and submitted to appropriate legislative committees promote the continued use of prescribed burning by February 1. 199I, that shall identify actions for ecological,silvicuttural,wildlife management, required to minimize the threat of wildfire in areas and range management purposes. where new development is proposed in or adjacent (3) DEFINITIONS.As used in this section: to wild lands. • (a) "Prescribed burning"means the controlled appli- (b)The Office of Environmental Education of the cation of fire to naturally occurring vegetative DepartmentofEducationahall incorporate,where fuels under specified environmental conditions feasible and appropriate,the issues of prescribed and following appropriateprecaurionarymeasures. burning into their educational materials. which causes the fire to be confined to a predeter- 590.05 Road crews to extinguish fires Every member mined area and accomplish the planned land man- of a road construction or maintenance crew,whether em- agement objectives. ployed by the Department of Transportation, or by the (b)"Certified prescribed burn manager"means an highway department or county commissioners of any individual who successfully completes the cettifi- county,and every road contractor or subcontractor of said cation program of the Division of Forestry of the Department of Transportation,or the highway department Department of Agriculture and Consumer Ser- orcounty commissioners of any county,and their employ- vices. ces shall keep all fires set by them under control and (c) "Prescription"means a written plan for start- confined to the right-of-way and suppress all fires discov- ing and controlling a prescribed burn. ered and detected by them within 200 feet of the centerline (4) RULES._The Division of Forestry of the Depart of the right-of-way of any state,county or public road,or 4 • 1 JUL-22-1997 14:40 - PEC ENVIRONMENTAL P.04/10 ;. , - Chapter 590 Forest Protection F. highway on which and adjacent to which the said crew, shall remain in full force and effect until,when conditions contractor,subcontractor and employees are employed. warrant,an order of revocation of proclamation is made by 590.06 Adoption of rules for road trews. the Governor and filed with the Department of State. (4) Any person violating any of the provisions of this The (1}Division of Road Operations of the Department section shall be guilty of a misdemeanor of the second of Transportation,and the county commissioners or high- degree,punishable as provided in s.775.082 or s.775.083. way departments of the several counties of this state shall require their construction and maintenance crews,contrac- 590.082 Extraordinary fire hazard;certain acts tors, subcontractors and employees to comply with the made unlawful;proclamations by the provisions of this chapter and the said(1}Division of Road Governor. Operations, county commissioners and highway depart- (1) When the Governor has by proclamation declared a ment to that end may adopt and promulgate rules and drought emergency to exist and described the general regulations for the observance of said crews,contractors, boundaries of the area affected as prescribed in S.590.081 subcontractors and employees in carrying out the purposes and the drought emergency continues until the forest, s .._. and provisions of this chapter. _—T ________ _ _ 4__ _grass.woods,wild lands,fields,or marshes become so dry 590.07 Refusal of road crews. or parched as to create an extraordinary f re haiard endae= Any road foreman or member of a road construction or gering life and property,it shall be unlawful for any person, maintenance crew, or any foreman, superintendent or except the owner or his agents or other persons regularly engaged in harvesting, processing, or moving forest or • employee of any road contractor or subcontractor, who farm products,to enter or travel in any public or private shall,without sufficient cause,willfully refuse or neglect forest lands,grasslands.woods,fields,or marshes within .• to prevent and suppress fires as provided in this chapter, tlteareadescribedbyproclamauon,except on public roads shall be guilty of a misdemeanor of the second degree,punishable as provided in s.775.082 ors.775.083. or highways or on well-defined private roads. Further.it shall be unlawful for any person to carry on any nonessen- 590.08 Unlawful burning of lands tial activities during such periods in the area affected. his unlawful forany person to willfully or carelessly burn (2)The Commissioner of Agriculture,upon the advice of or cause to be burned.or to set fire to or cause fire to be set the director of the Division of Forestry. will. with the to, any forest. grass, woods, wild lands, or marshes not consent of the chairman of the board of county commis- owned or controlled by such person. sioners of the affected county or counties, advise the 590.081 Emergency drought conditions;burning Governor when forests,grass,woods,wild lands,fields,or • prohibited. marshes in any county,counties,or area within a county of • (1)It is unlawful for any person to set fire to,or cause fire this state,because of prolonged emergency drought condi- to be set to, any forest, grass, woods, wild lands, or tions,become so dry or parched as to create an extraordi- marshes,or to build a campfire or bonfire or to burn trash nary fire hazard endangering life or property. The Gayer- ; or other debris within 600 yards of any forest,grasslands, nor may by proclamation declare an extraordinary fire woods,wild lands,or marsh area in any county,counties or hazard to exist and describe the general boundaries of the area within a county where,because of emergency drought area affected. ___ ____ __ conditions,there is extraordinary danger from fire,unless (3) Any proclamation promulgated by the Governor a written permit is obtained from the Division of Forestry under authority of this section shall be effective immedi- or its designated agent,or unless it can be established that ately upon filing same with the Department of State and the setting of a backfire was necessary for the purpose of shall remain in effect until,when conditions warrant,an saving life or property. The burden of proving such shall order of revocation of proclamation is made by the Gover- rest on such person claiming same as a defense. nor and filed with the Department of State. i, i (2)The Commissioner of Agriculture,upon the advice of (4)Any person violating any of the provisions of this - the director of the Division of Forestry, will advise the section shall be punished as for a misdemeanor as provided Governor when forests in any county, counties, or area by s.590.14. within a county of this state,because of emergency drought conditions, are in extraordinary danger from fire. The 590.09 Setting fire onrights-of-way.�t is unlawful for Governor may by proclamation declare a drought enter- any person to set or cause to be set willfully or carelessly ''' gency to exist and describe the general boundaries of the a fire within the confines of the rights-of-way of any public • area affected. road,state road,railroad,or in any other place and allow it to escape onto and bum over any adjoining land. (3) Any proclamation promulgated by the Govcmor under authority of this section shall be effective immedi- History.,_s. 10.ch. 17029: 1935;COL. 1936 Supp.4151(10-00� ately upon filing same with the Department of State and 5 JUL-22-1997 14:41 - PEC ENVIRONMENTAL f. P.©5/1© • ram Chapter 590 Forest Protection 590.091 Designation of railroad rights-of-way as fire which damages shall be recoverable in any court of corn- hazard areas petent jurisdiction. The civil liability shall obtain whether (1) The Division of Forestry, after notification to the there be criminal prosecution and conviction or not. local government to be affected by its action,is authorized 590.14 Penalties to annually designate,on or before October 1,those rail- (1) Whoever willfully or intentionally violates any of the road rights-of-way in this state which are known fire provisions of this chapter commits a felony of the third hazard areas degree,punishable as provided ins.775.082.s.775.083,or (2) In addition to the requirements of subpart B of pan s.775.084. 213.Chapter II.Title 49,Code of Federal Regulations,it (2) Whoever carelessly violates any of the provisions of shall be the duty of all railroad companies operating in this this chapter commits a misdemeanor of the second degree, state to maintain their rights-of-way designated as pro- punishable as provided in S.775.082 or s.775.083. vided in subsection'(1).as known high fire hazard areas,in an approved condition as shall be prescribed by rule of the (3) division and to provide adequate firebreaks where needed. (a) In addition to all other penalties provided by law. soastoprevent fircfrom-ignitingor spreading from rights=— -any-personVwhc causes antinauthiiriud ferfest;-- - of-way to adjacent property. grass,woods, wild lands,marsh,leaf,or vegeta- 590.10 Disposing of lighted cigars,etc._It is unlawful rive-land-clearing debris fire,or permits any fire for any person to throw or drop from an automobile or to escape,is liable for the payment of all reason- vehicle. or otherwise, a lighted match, cigarette, cigar, able costs and expenses incurred in suppressing ashes, or other flaming or glowing substance, or,any the fire. All costs and expenses shall be payable to substance or thing which may or does cause a forest,grass, the Division of Forestry. When such costs and or woods fire, expenses are not paid within a reasonable time • after demand,it shall be the duty of the Division to 390.11 Campfires take proper legal proceedings for the collection of It is unlawful for any individual or group of individuals to the costs and expenses. build a warming or campfire and leave same unextinguished. (b) the liability for the costs of suppression shall - 590.12 Unlawful burning prohibited;penalty._ obtain whether or not there is a criminal prosccu- (1) It is unlawful for any person: tion,and the liability shall extend to the person. firm,or corporation causing.directing.or permit- (a) To burn or cause to be burned,or to set fire to or ting the activity as well as to the actual violator. cause fire to be set to, any forest, grass, woods, (4) The Department may also impose an administrative wild land.marsh,or vegetative-land-clearing de- fine.not to exceed$I,000.00 per violation. the fine shall bris owned or controlled by such person without be based upon the degree of damage and prior violation first obtaining authorization from the Division of record of the person. the fines shall be deposited in the Forestry, Incidental trust Fund. (b) To fail to provide adequate fire lines,manpower, and firefighting equipment for the control of such (5) The penalties herein provided in this section shall fire: = - - - --- extend to both the actual violator and the person orpersons, (c) To fail to watch over a fire authorized under firm,or corporation causing,directing,or permitting such • paragraph(a)until it is extinguished;or violation. (d) To permit a fire authorized under paragraph(a)to 590.15 Burden of proof. escape from the authorized area. In any prosecution or civil action brought under the However. no authorization shall be required for the provisions of this chapter it shall not be necessary for the setting of a fire in a forest protection district when written state or plaintiff to allege and prove absence of the right or permission to set such fire has been obtained from a duly authority of the defendant to set or cause to be set the fire, appointed fire warden. but such right and authority shall be a matter of affirmative (2) A person who violates any provision of this section defense to be alleged and proved by the defendant. is guilty of a misdemeanor of the second degree,punish- 590.16 Rewards._ able as provided in s.775.082 or s.775.083. The division,in its discretion,may offer and pay rewards 590.13 Civil liability._ for information leading to the arrest and conviction of any person violating any of the provisions of this chapter. Any person violating any ofthc provisions of this chapter shall Sc liable for all damages caused by such violation. it 6 ttr JUL-22-1997 14:42 7_ PEC ENVIRONMENTAL / P.06i10 1 1 • 590.25 Penalty for preventing or obstructing a lease,in lawful possession of.the forest,grass.or wood- extinguishment of woods fires. land. is Whoever shall interfere with,obstructor commit any act (3) The term"incendiary device"as used in this section aimed to obstruct the extinguishment of forest fires by the is included but not limited to any"slow match"which is employees of the Division of Forestry or any other person any device contrived to accomplish the delayed ignition of engaged in the extinguishment of a woods fire,or who a match or matches or other inflammable material by the injures or destroys any equipment being used for such use of a cigarette,rope,or candle to which such match or purpose, shall be guilty of a felony of the third degree, matches are attached,or a magnifying glass so focused as g.; punishable as provided in s. 775.082, s. 775.083, or s. to intensify heat on inflammable material and thus cause a 775.0844. fire to start at a subsequent time, and any chemicals or chemically treated paper or material,or other combustible 590.27 Penalty for mutilating or destroying state material so arranged or designed as to make possible its use as forestry or fire control signs and posters. a delayed firing device. • Whoever intentionally breaks down,mutilates,removes, $90.30._Penalties for violating ss.590.28 and 590.n.._ or destroys any fire control or forestry sign or poster of the (1)Whoever violates any of the provisio ns of s.590.28 or Division of Forestry erected in the administration of its s. 590.29 or both such sections of this chapter shall be lawful duties and authorities shall be guilty of a misde- , guilty of a felony of the third degree,punishable as pro- meanor of the second degree,punishable as provided in s. vided in s.775.082,s.775.083.or s.775.084. 775.082 or s.775.083. (2) Neither the provisions of s.590.14 nor the penalties 590.22 Willful,malicious,or intentional burning provided thereby shall apply to violations of the provisions of lands of s.590.28 or s. 590.29 or both such sections, but such • (1) Whoever willfully, maliciously, or intentionally violations shall be punished by the penalties provided in bums,sets fire to,or causes to be burned or any fire to be this section only. set to,any forest,grass,or woodlands not owned by,or in the lawful possession of, the person setting such fire or burning such lands or causing such fire to be set or lands to be burned shall,upon conviction thereof,be deemed guilty of a felony and punished as provided in s.590.30. (2) The terms"willful.""malicious,"and"intentional" as used in this section mean not merely gross negligence or disregard for the rights of others and not merely general criminal intent,but a specific intent to damage or destroy public property or the property of another, such intent being engendered by malice or spite or by the hope of material gain or employment to be derived either directly or indirectly. 590.29 Illegal possession of incendiary device._ (1) Whoever,being outside the corporate limits of any municipality,has in his possession any incendiary device as defined by subsection (3) with the intent to use such device for the purpose of burning or setting fire to any forest,grass,or woodland,if such person is not the owner of,nor,as under a lease,in lawful possession of.the forest. grass, or woodland, shall. upon conviction thereof, be deemed guilty of a felony and punished as provided in s. 590.30. (2)The possession ofanyincendiary device as defined by subsection(3)is prima fade evidence of the intent of the person possessing such device to use such device for the purpose of burning or setting fire to forest, grass, or woodland if such person is not the owner of,nor,as under 7 rr Village of Tequesta. Department of Fire Rescue Services Rules & Regulations for Oven Burning, and Permitting Process The Rules of the Department of Environmental Regulation (D.E.R.) 17-256.700 (2) prohibit• open burning of yard trash where Municipal, County, or commercial solid waste collection i available on a periodic basis of at least once a week. The Village of Tequesta has instituted suc a program throughout the municipal boundaries. Therefore, Tequesta Fire Rescue shall no authorize nor issue permits for the open burning of yard trash, household paper products, garbag, • 'or other materials. ,It is the policy of Tequesta Fire Rescue to issue permits for open burning for land clearin:4 /operations only, in accordance with all the applicable State and local regulations. A permit must be issued by this Department prior to the ignition of products to"be consumed:I order to become eligible for such open burning permit, an application must be completed and b- in compliance with these regulations set forth by the Department. The following rules apply to non-rural land clearing open burning: A. Open burning of wooden material or vegetation generated by a land clearing operation (except for agricultural, slivicultural, or forestry operations) or the demolition of a structure is allowed provided that all of the following conditions are met: 1. The open burning meets one of the,following setback requirements: (a). Five hundred (500) feet or more away from any occupied building with a Class A roof, for land clearing, or (b). One thousand (1,000)feet or more away from any occupied building with a Class B roof, for land clearing, or (c). Three hundred(300) feet or more away from any occupied building with a Class A or Class B roof if an Air Curtain Incinerator is used, for land clearing, or (d). One thousand(1,000)feet or more away from any occupancy with a Class C or less roof covering, with an Air Curtain Incinerator used for land clearing. 2. The open burning is setback one hundred(100)feet or more away from any public highway or road and the prevailing winds direct the smoke away from the public highway or road. 3. The open burning is ignited after 9:00 a.m. and is extinguished one hour before sunset. 4. The open burning is attended at all times with a certified Burn Manager, or certified fire fighting personnel. 5. Fire fighting equipment along with an adequate supply of water shall be on site. 6. The open burning authorized herein is not intended to relieve any person from complying with any other applicable laws, rules, or ordinances, including Chapter 590, Florida Statutes, Chapter 17-256, Department of Environmental Regulation, Rules and Regulations of the Department of Agriculture 51-2, and rules of the Division of Forestry. 7. The piles of materials to be burned shall be of such size that the burning will be completed within the designated time given in Section 3. This is not intended to relieve any person from complying with restrictions on size and numbers of piles imposed by other regulator authorities. 8. The moisture content and composition_ofthe_material to be burned shall be. _..... 1 • favorable to good burning which will minimize air pollution. Wet or green vegetative materials shall not be burned. 9. The starter fuel and materials to be ignited shall not emit excessive visible emissions when burned. Tires or other prohibited materials listed in Florida Administrative Code Rule 17-256.300 shall not be used as starter fuels. 10. The amount of dirt in a land clearing open burning operation shall be minimized to enhance combustion and reduce emissions. 11. Prior to open burning for the demolition of a structure, all insulation, electrical wiring, linoleum, carpeting, roofing material such as tar paper and asphalt shingles, or.other excessive smoke producing or,potentially air toxic material shall be removed. B. The use of Air Curtain Incinerators is allowed and encouraged for the combustion of land clearing debris. No Department permits are required for Air Curtain Incinerators that are designed and used as portable units and that will not operate on any one site for more than six months in any year. This does not relieve any person from the requirement of obtaining a burn permit from this Department or authorization to use a portable Air Curtain Incinerator, when necessary, from the Division of Forestry, or any other authority. Air Curtain Incinerators may operate as portable units provided that the following conditions are met: 1. Pit width, length, and side walls shall be properly maintained so that the combustion of the waste within the pit will be maintained at an adequate temperature and with sufficient air recirculation to provide enough residence time and mixing for complete combustion and control of emissions. Pit width shall not exceed twelve(12)feet, and vertical side walls shall be maintained. 2. No waste may be positioned to be burned above the level of the air curtain in the pit. 3. The types of materials to be burned are restricted to land clearing debris. 4. Excessive visible emissions are not allowed except for a period of up to 30 minutes during startups, shutdowns and temporary malfunctions. C. If the open burning resulting from a land clearing operation is creating a nuisance, or if changing weather or atmospheric conditions create a real or potential fire safety or air pollution problem, the Department may suspend or defer open burning until conditions change. D. Exceptions to the setback requirements shall be granted by the Department if the_ _____ applicant obtains a signed statement from every affected resident within the setback area that waives his objections to the open burning associated with the land clearing operation Statements must be received by the Department 48 hours in advance of the burning. Permits shall be valid for the duration of the burn, on a day to day basis,but not to exceed six (b months. Prior to ignition each day, an inspection of the site must be conducted by the Fire Rescu: personnel and atmospheric conditions must be favorable for burn operations. Fees for opening burning shall be in accordance with Ordinance 459, (A). Permit fees shall be pre-paid based upon the land clearing contract amount. (B). The initial inspection fee of$35.00 shall be waived if permitting costs exceed $35.00. (C). If the permitted project is longer than one day, a$25.00 per day charge shall be added. Applicants must pre pay for this charge. If length of burn exceeds the issued permit, applications must be resubmitted. If the length of the burn is less than issued permit, a refund will be given to the applicant. Insurance requirement: Applicant and/or owner of property shall provide the Village o `Tequesta, Department of Fire Rescue a certificate of insurance for liability coverage. This poli shall provide coverage of not less than one million dollars ($1,000,000.00), and shall name the Village of Tequesta as being insured. This coverage must be provided before a permit will b issued.