10.1-1150.5 - Liability.
§ 10.1-1150.5. Liability.
A. Any prescribed burning conducted in compliance with the requirements ofthis article, state air pollution control laws, and any rules adopted by theVirginia Department of Forestry shall be in the public interest and shall notconstitute a nuisance.
B. Any landowner or his agent who conducts a prescribed burn in compliancewith the requirements of this article, state air pollution control laws, andany rules adopted by the Virginia Department of Forestry shall not be liablefor any damage or injury caused by or resulting from smoke.
C. Subsections A and B of this section shall not apply whenever a nuisance ordamage results from the negligent or improper conduct of the prescribed burnor when the prescribed burn elements described in § 10.1-1150.4 have not beencomplied with.
(1998, c. 156.)