Utah Code 65A-3-4. Liability for causing wildland fires

(1)

As used in this section:

Terms Used In Utah Code 65A-3-4

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Land: includes :Utah Code 68-3-12.5
Person: means :Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
real property: includes :Utah Code 68-3-12.5
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Wildland: means an area where:

(a)	development is essentially non-existent, except for roads, railroads, powerlines, or similar transportation facilities; and

(b)

structures, if any, are widely scattered. See Utah Code 65A-1-1

Wildland fire: means a fire that consumes:

(a)	wildland; or

(b)	wildland-urban interface, as defined in Section 65A-8a-102. See Utah Code 65A-1-1
(a)	“Electric cooperative” means the same as that term is defined in Section 54-24-102.

(b)

“Electrical transmission wildland fire protection plan” means a wildland fire protection plan, as defined in Section 54-24-102, that is:

(i)	prepared and submitted by a qualified utility and approved as provided in Section 54-24-201; or

(ii)	prepared and submitted by an electric cooperative and approved as provided in Section 54-24-203.

(c)	“Qualified utility” means the same as that term is defined in Section 54-17-801.

(2)

(a)

Except as provided in Subsection (3), a person who negligently, recklessly, or intentionally causes or spreads a wildland fire shall be liable for the cost of suppressing that wildland fire, regardless of whether the fire begins on:

(i)	private land;

(ii)	land owned by the state;

(iii)

federal land; or

(iv)	tribal land.

(b)	The conduct described in Subsection (2)(a) includes any negligent, reckless, or intentional conduct, and is not limited to conduct described in Section 65A-3-2.

(3)

In an action under this section to recover for property damage resulting from a wildland fire or to recover the cost of fire suppression resulting from a wildland fire, a qualified utility or electric cooperative may not be considered to have negligently caused a wildland fire if:

(a)

(i)	the electrical transmission wildland fire protection plan of the qualified utility or electric cooperative identifies and addresses the cause of the wildland fire for fire mitigation purposes; and

(ii)

at the origin of the wildland fire, the qualified utility or electric cooperative has completed the fire mitigation work identified in the electrical transmission wildland fire protection plan, including:

(A)	inspection, maintenance, and repair activities;

(B)	modifications or upgrades to facilities or construction of new facilities;

(C)	vegetation management work; and

(D)	preventative programs; or

(b)

(i)

the qualified utility or electric cooperative is denied or delayed access to a right-of-way on land owned by the state, a federal agency, or a tribal government after the qualified utility or electric cooperative requests access to the right-of-way to perform vegetation management or fire mitigation work in accordance with an electrical transmission wildland fire protection plan; and

(ii)	the electrical transmission wildland fire protection plan identifies and addresses the cause of the wildland fire for fire mitigation purposes.

(4)	A person who incurs costs to suppress a wildland fire may bring an action under this section to recover those costs.

(5)

(a)	A property owner who suffers damages resulting from a wildland fire may bring an action under this section to recover those damages.

(b)

An award for damages to real property resulting from a wildland fire, including the loss of vegetation, shall be the lesser of:

(i)	the cost to restore the real property to its pre-wildland fire condition; or

(ii)

the difference between:

(A)	the fair market value of the real property before the wildland fire; and

(B)	the fair market value of the real property after the wildland fire.

(6)	A person who suffers damage from a wildland fire may pursue all other legal remedies in addition to seeking damages under Subsection (4) or (5).

Amended by Chapter 162, 2020 General Session

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