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HB 1153

ENVIRONMENT/ENFORCEMENT: Authorizes parishes and municipalities to declare bans on burning

2026 Regular Session Introduced by Kim Coates

Local authorities can issue temporary burn bans during high wildfire risk, with penalties, cost recovery for suppression, and clear lifting and notice rules.

Effective date: 08/01/2026.
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WeVote Research Nonpartisan
Bill Summary · HB 1153

Summary of HB 1153 (2026, Louisiana)

Purpose and intent

  • Authorizes parish and municipal governing authorities to declare temporary burn bans during hazardous fire conditions.
  • Establishes enforcement mechanisms, penalties (civil and criminal), and restitution provisions related to violations.
  • Aims to reduce wildfire risk and property damage by allowing local jurisdictions to intervene during elevated fire danger.

Key provisions and changes

A. Parish authority to declare burn bans

  • A parish governing authority may declare a temporary burn ban within all or part of the parish when environmental conditions create an elevated risk of wildfire or uncontrolled fire spread.
  • The ban is to be lifted once the fire risk ceases to be elevated.
  • Declaration methods: by ordinance, parish governing authority resolution, or emergency proclamation issued by the parish president.
  • Mandatory notice: ban must be published in the official parish journal.
  • Optional public notice: parishes may supplement with notices via websites, social media, emergency alert systems, or local media.
  • Scope of ban: can prohibit open burning, including:
    • Yard debris burning
    • Land-clearing burns
    • Construction debris burning
    • Recreational fires not contained in pits/enclosures
  • Exceptions:
    • Agricultural burning conducted per state law
    • Prescribed burns by certified personnel
    • Cooking fires contained in grills or smokers
    • Recreational fires contained in fire pits or enclosures

B. Municipal authority to declare burn bans

  • Municipal governing authorities may declare a temporary burn ban within municipal limits when weather or environmental conditions create elevated fire risk.
  • Ban lifted when risk ceases to be elevated.
  • Municipalities may adopt ordinances establishing procedures for issuing, extending, or terminating bans.
  • Municipal fire chiefs or emergency management officials may recommend bans based on fire risk conditions.

C. Civil penalties for violating a burn ban

  • Civil penalties apply to anyone who knowingly and intentionally violates a burn ban.
  • Penalty schedule:
    • First offense: $500 fine
    • Second offense: $1,000 fine
    • Third or subsequent offense: $2,500 fine
  • Each day of violation constitutes a separate offense.
  • Fire suppression costs: violators may be liable for the costs of fire suppression and emergency response.

D. Criminal penalties for violations causing damage

  • If a burn ban violation results in property damage exceeding $5,000, penalties include:
    • Up to $1,000 fine and/or up to 6 months imprisonment
  • If a burn ban violation results in damage to critical infrastructure (as defined in state law), penalties include:
    • Up to $25,000 fine and/or up to 5 years imprisonment (with or without hard labor)
  • Restitution: offenders must pay restitution to the owner of any damaged property, in addition to criminal penalties.

E. Enforcement

  • Enforcement may be carried out by:
    • Local law enforcement
    • Fire department personnel
    • Municipal code enforcement officers

F. Administrative and procedural notes

  • The bill adds a new statute: R.S. 40:1602.1.
  • The accompanying amendments and digest clarify that the bill retains state law authority (state fire marshal) while expanding local authority.
  • Committee amendments added requirements for lifting bans when risk decreases and for parish publication of bans in the official parish journal, with some adjustments to notice provisions.

Who is affected

  • Parish governments (expanded authority to issue bans, obligations to publish notices)
  • Municipal governments (ability to issue and manage bans, enforcement framework)
  • Fire departments, emergency management officials (and municipal code enforcement) as enforcers
  • Residents and businesses within parishes and municipalities (subject to civil and criminal penalties for violations)
  • Property owners and fire responders (potential restitution and cost recovery for suppression)

Timeline and procedural aspects

  • Bans are temporary and lifted when fire risk becomes elevated again or ceases to be elevated.
  • Notice requirements include mandatory parish journal publication and optional additional public notices.
  • Civil penalties apply per offense and per day; criminal penalties depend on resulting damage.

Bottom line

HB 1153 empowers local (parish and municipal) authorities to issue burn bans during heightened wildfire risk, with clear penalties, cost recovery for suppression, and enforceable procedures. It provides a structured framework for local, timely action and public communication to mitigate fire risk and protect property and critical infrastructure.

Compiled from official sources — confirm details with the bill’s official record.

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