R652-120-300. Responsibilities of Counties

  1. A county shall abate the public nuisance caused by wildfire on unincorporated, privately owned or county owned forest, range, watershed, and wildland urban interface lands within its boundaries.

  (a) reduce the risk of wildfire to unincorporated, privately owned or county owned forest, range, watershed, and wildland urban interface land within the county's boundaries, with private landowner permission, through appropriate wildfire prevention, preparedness, and mitigation actions; and

  (b) ensure effective wildfire initial attack on unincorporated privately owned or county owned forest, range, watershed, and wildland urban interface land within the county's boundaries.

  (c) a county may assign the responsibilities described in Subsections (a) and (b) to a fire service provider or an eligible entity through delegation, contract, interlocal agreement or another method.

  2. In a county that has not entered into a cooperative agreement as described in Section 65A-8-203 the county sheriff shall take appropriate action to suppress wildfires on state or private lands.

  3. In all cases the sheriff shall:

  (a) report, as prescribed by the state forester, on wildland fire control action;

  (b) investigate and report wildfire causes; and

  (c) enforce the provisions of this rule either independently or in cooperation with the state forester.

  4. A county that has entered into a cooperative agreement, as described in 65A-8-203 and R652-120-600, the primary responsibility for wildfire management is the division, upon the delegation of fire management authority as described in 65A-8-203.1 and R652-120-1200.

  5. The county sheriff and the county sheriff's organization shall maintain cooperative support with the fire management organization.

  6. Each county that participates in a cooperative agreement with the division as described in 65A-8-203 and R652-120-600(5), shall be represented by a county fire warden at minimum during the closed fire season, as described in Section 65A-8-211, except as provided in Subsections (1)(b) and (c ).

  7. A county may enter into a cooperative agreement with the division to receive financial and wildland fire management cooperation and assistance.