Permitting

Compliance for environmental legislation

The National Environmental Policy Act (NEPA) requires every federal agency to evaluate all potential environmental impacts for a given project and adopt alternative actions that protect the environment. California’s state version of this act is called the California Environmental Quality Act (CEQA), and holds local and state agencies accountable. Prescribed burns in California grasslands must comply with NEPA and CEQA, which require disclosure of potential impacts on air quality, sensitive species, cultural resources, and public safety. These environmental review processes ensure that fire is applied in a way that minimizes harm to ecosystems and human communities while supporting ecological goals. For example, the California Partners in Flight Grassland Bird Conservation Plan (CPIF 2000) discourages prescribed burning during the breeding season for all ground-nesting birds (Reiner 2007). In coastal prairies, where most prescribed burns occur on non-federal land, CEQA is more commonly the governing environmental review process.

Smoke and air quality considerations with fire

Smoke from prescribed burns in California grasslands is tightly regulated to protect public health, especially in air quality non-attainment zones. Burn permits require detailed smoke management plans, and favorable weather conditions must align precisely to ensure smoke disperses safely; otherwise burns can be delayed or canceled, limiting their ecological effectiveness. While Smoke Management Plans are not formally part of NEPA or CEQA, they are often required by local air districts and referenced in environmental documents to demonstrate compliance with air quality regulations and mitigation of smoke impacts.

Endangered species, Mission blue butterfly (Icaricia icarioides missionensis, on a narrow leaf mule ears.
Endangered species, the Mission blue butterfly (Icaricia icarioides missionensis, on a narrow leaf mule ears.

Prescribed fire in critical habitat

The federal Endangered Species Act (ESA) and California Endangered Species Act (CESA) requires land managers to conduct environmental analysis of potential impacts on critical habitat and endangered species before a proposed action of land management is granted the necessary permits, contracts and/or licenses. If it is determined that the action may jeopardize a species of concern and/or damage or destroy a critical habitat, the action may be halted, unless exemption is provided by the USFWS (Federal) or Endangered Species Committee (State). This can impose limitations on the selected area for prescribed burns and affect the proposed timeline, as the approval process can be delayed for multiple years. Some agencies can utilize conditional exemption and permits, such as survival and recovery permits granted for beneficial fire under Section 10 (a)(1)(A) which allow land managers to conduct otherwise prohibited actions (like fire) for the purpose of aiding species recovery, yet these processes can require significant time and resources.

CalVTP increases prescribed burns on the ground

Logo for California State Fire Training

The California Vegetation Treatment Program (CalVTP) was developed by the Board of Forestry and Fire Protection (CAL FIRE) in 2019 to address the state’s wildfire crisis and reduce wildfire risk. It focuses on the state’s responsibility areas (SRA) that make up the “treatable landscape,” including 20 million acres that are non-federal. The program is intended to create fuel breaks, reduce hazardous vegetation, and promote ecological restoration using different treatment types; these include mechanical (e.g. shredding, thinning) and manual treatment (e.g., hand crews), prescribed burning (broadcast and pile burns), prescribed herbivory (e.g., targeted grazing), and herbicide applications. Selected “project proponents” streamline prescribed burning for any state and local agencies within relevant land management/ownership, such as through the Programmatic EIR (Environmental Impact Report), which expedites CEQA compliance by allowing project proponents to use pre-approved environmental protections and project-specific checklists instead of preparing a full EIR.

Important recent state legislation on prescribed burning in California

Bill SB1260 (approved in 2018)

Instated California’s Burn Boss program, creating pathways of coursework and training for professionals to acquire certification as a burn boss through CAL FIRE. This certification allows for an individual to become qualified to work and participate in the practice of prescribed fire, covering all necessary environmental, legal and safety training.

Bill SB332 (approved in 2021)

Provides liability protections to practitioners of prescribed burns within sufficient conditions of environmental intention, cultural burning and/or agriculture, given burns have used a certified burn boss. These protections exempt qualifying practitioners of compliant prescribed burns from responsibility for the costs of public/private property damage, emergency services, investigation, reporting and fund collection associated with fire. 

Bill SB926 (approved in 2022)

Establishes the “Prescribed Fire Claims Fund” that allows eligible practitioners of prescribed fire to apply for and receive support in the form of fire insurance and liability protections for prescribed fire. Applications are submitted through CAL FIRE and would require CAL FIRE to collaborate with practitioners of prescribed burns to establish the guidelines and  minimum requirements necessary to receive the funds and liability coverage.

Bill SB310 (approved 2024)

Aims to give tribes permitting ability to conduct cultural burns in their ancestral territory. This bill expands the definition of a burn boss to those certified through the National Wildfire Coordinating Group. Further, the bill authorizes and facilitates the Secretary of Natural Resources Agency to enter into written agreements & collaborations with recognized California Native American Tribes regarding cultural burning, potentially waiving state permitting requirements and supporting tribal sovereignty.

Summary

Prescribed fire in California grasslands is governed by a complex web of permitting requirements designed to protect air quality, biodiversity, cultural resources, and public safety. Although these safeguards are essential, they can also create barriers that delay or limit the use of beneficial fire. Recent programs like CalVTP and new legislation are working to streamline approvals, increase capacity, and return fire to the land in a safe and ecologically meaningful way. Understanding the permitting landscape is key to advancing fire as a restoration tool while ensuring responsible stewardship.

Key References

  1. Reiner, R. J. (2007). Fire in California Grasslands. In M. R. Stromberg, J. D. Corbin, & C. M. D’Antonio (Eds.), California Grasslands: Ecology and Management (pp. 207–217). University of California Press.
  2. Clark, S. A., Archer, J. N., Stephens, S. L., Collins, B. M., & Hankins, D. L. (2024). Realignment of federal environmental policies to recognize fire’s role. Fire Ecology, 20(1), 74.

Additional References: