SECTION 35:3-1-7. Violations of forestry and timber laws

(a)   After notice and opportunity for a hearing in accordance with the Administrative Procedures Act, if the State Board of Agriculture finds any person in violation of the Oklahoma Agricultural Code or any rule promulgated or order issued pursuant thereto, the Board shall have the authority to assess an administrative penalty of not less than One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars ($10,000.00) for each violation.

(b)   Each animal, each action, or each day a violation continues may constitute a separate and distinct violation.

(c)   In no event shall this fine matrix limit the imposition of a different penalty when circumstances require.

(d)   Knowingly and willfully interfering with, molesting, or assaulting a forest ranger or firefighter in the performance of their duties pursuant to 2 O.S. § 16-6.

(1)   First Violation - $500 to $2500

(2)   Second Violation - $1000 to $7500

(3)   Subsequent Violations - $5000 to $10,000

(e)   Knowingly and willfully obstructing, interfering with, or impeding the progress of forest rangers or firefighters to reach the destination of a fire pursuant to 2 O.S. § 16-6.

(1)   First Violation - $500 to $2500

(2)   Second Violation - $1000 to $7500

(3)   Subsequent Violations - $5000 to $10,000

(f)   Knowingly and willfully damaging or destroying any vehicle or equipment used to reach or extinguish a fire pursuant to 2 O.S. § 16-6..

(1)   First Violation - $500 to $2500

(2)   Second Violation - $1000 to $7500

(3)   Subsequent Violations - $5000 to $10,000

(g)   Carelessly or willfully burning or causing to be burned or to set fire to or cause any fire to be set to any forest, grass, crops, rangeland, or other wild lands not owned by, duly authorized by the owner or manager, or in the lawful possession of, the person setting the fire or burning the lands or causing fire to be burned pursuant to 2 O.S. § 16-25(A).

(1)   First Violation - $100 to $2500

(2)   Second Violation - $750 to $5000

(3)   Subsequent Violations - $2500 to $10,000.

(h)   Setting fire to any forest, grass, range, crop, or other wildlands, or to build a campfire or bonfire, or to burn trash or other material that may cause a forest, grass, range, crop or other wildlands fire in any county, counties or area within a county where, because of emergency drought conditions there is a gubernatorially proclaimed extraordinary danger from fire pursuant to 2 O.S. § 16-26(A)(1).

(1)   First Violation - $100 to $2500

(2)   Second Violation - $750 to $5000

(3)   Subsequent Violations - $2500 to $10,000

(i)   Willfully, negligently, or carelessly build a warming or camp fire and leave the fire unextinguished or all the fire to spread pursuant to 2 O.S. § 16-27..

(1)   First Violation - $100 to $2500

(2)   Second Violation - $750 to $5000

(3)   Subsequent Violations - $2500 to $10,000

(j)   Willfully or carelessly burning, causing to be burned, setting fire to, or causing fire to be set to any forest, grass, croplands, rangeland, or other wild lands, by an owner of the property, unless notification to burn is made by the owner to the local office or local representative of the Forestry Division at least four (4) hours in advance and verbal or written approval obtained in a protection area pursuant to 2 O.S. § 16-28.1(A)(1).

(1)   First Violation - $100 to $2500

(2)   Second Violation - $750 to $5000

(3)   Subsequent Violations - $2500 to $10,000

(k)   Willfully or carelessly burning, causing to be burned, setting fire to, or causing fire to be set to any forest, grass, croplands, rangeland, or other wild lands, by an owner of the property, unless the owner takes reasonable precaution against the spreading of fire to other lands by providing adequate firelines, manpower, and fire fighting equipment for the control of the fire, watching over the fire until it is extinguished and not permitting fire to escape to adjoining land pursuant to 2 O.S. § 16-28.1(A)(2).

(1)   First Violation - $100 to $2500

(2)   Second Violation - $750 to $5000

(3)   Subsequent Violations - $2500 to $10,000

(l)   Failure to confine the fire to the owner's, agent's, or tenant's land pursuant to 2 O.S. § 16-28.1(B).

(1)   First Violation - $100 to $2500

(2)   Second Violation - $750 to $5000

(3)   Subsequent Violations - $2500 to $10,000

(m)   Failure to ensure the fire does not spread beyond the control of the person setting the fire, or failure to subdue or extinguish the fire pursuant to 2 O.S. § 16-28.1(E).

(1)   First Violation - $100 to $2500

(2)   Second Violation - $750 to $5000

(3)   Subsequent Violations - $2500 to $10,000

(n)   Failure to pay all costs and expenses incurred in suppressing the fire within ninety (90) days of notification by the Forestry Division for willfully or carelessly causing an unlawful forest, grass, crops, or woods fire pursuant to 2 O.S. § 16-32.

(1)   First Violation - $100 to $2500

(2)   Second Violation - $750 to $5000

(3)   Subsequent Violations - $2500 to $10,000

(4)   In addition, all costs and expenses may be collected by the Department pursuant to a finding by the State Board of Agriculture.

(o)   Intentionally breaking down, mutilating, removing, or destroying any fire control or forestry sign or poster of the Forestry Division erected in the administration of its lawful duties and authorities pursuant to 2 O.S. § 16-33.

(1)   First Violation - $100 to $500

(2)   Second Violation - $500 to $1000

(3)   Subsequent Violations - $1000 to $10,000

(p)   Possessing any incendiary device with the intent to use the device for the purpose of burning or setting fire to any forest, grass, crops, or woodlands that the person possessing the device is not the owner of nor in possession of lawfully, as under a lease pursuant to 2 O.S. § 16-34(A).

(1)   First Violation - $500 to $2500

(2)   Second Violation - $1000 to $7500

(3)   Subsequent Violations - $5000 to $10,000

(q)   Removing any timber or other timber products from any lands owned by the State of Oklahoma pursuant to 2 O.S. § 16-59.

(1)   First Violation - $500 to $2500

(2)   Second Violation - $1000 to $7500

(3)   Subsequent Violations - $5000 to $10,000

(r)   Intentionally, willfully, maliciously, or unlawfully entering upon the lands of another to cut down, injure, remove, or destroy any timber, without the permission of the owner or the owner's representative pursuant to 2 O.S. § 16-60.

(1)   First Violation - $500 to $2500

(2)   Second Violation - $1000 to $7500

(3)   Subsequent Violations - $5000 to $10,000

(s)   Failure of the timber owner to clearly mark any established property lines or failure to mail or publish any notice to the abutting real property owners, and as a result, timber is harvested or other damage occurs on any abutting real property without the consent of the owner pursuant to 2 O.S. § 16-61(B).

(1)   First Violation - $100 to $2500

(2)   Second Violation - $750 to $5000

(3)   Subsequent Violations - $2500 to $10,000

(t)   Negligently enters upon lands of another, or authorizes or directs a logging or timber harvesting operation upon the lands of another, and cuts down, injures, removes, or destroys any timber without the permission of the owner pursuant to 2 O.S. § 16-62(A).

(1)   First Violation - $100 to $2500

(2)   Second Violation - $750 to $5000

(3)   Subsequent Violations - $2500 to $10,000

(u)   Willfully, knowingly, or fraudulently representing, making, issuing, delivering, using or submitting, or participating in representing, making, issuing, delivering, using, or submitting any fictitious, false or fraudulent offer, agreement, contract, or other instrument concerning the sale of timber or the right to cut or harvest or remove timber not owned by that person, or from a site or from real property not owner or leased by that person pursuant to 2 O.S. § 16-63(A).

(1)   First Violation - $500 to $2500

(2)   Second Violation - $1000 to $7500

(3)   Subsequent Violations - $5000 to $10,000

(v)   Knowingly or with intent to defraud, the timber owner fails to pay in a timely manner the applicable owner the full price of all the purchased timber pursuant to 2 O.S. § 16-63(B).

(1)   First Violation - $500 to $2500

(2)   Second Violation - $1000 to $7500

(3)   Subsequent Violations - $5000 to $10,000

(w)   Failure to maintain at all times during a logging or timber harvesting operation for inspection purposes a written bill of sale, timber deed or timber contract, recording memorandum, or written consent of the timber owner for the timber being harvested pursuant to 2 O.S. § 16-64(A).

(1)   First Violation - $100 to $2500

(2)   Second Violation - $750 to $5000

(3)   Subsequent Violations - $2500 to $10,000

(x)   Failure to preserve any written bill of sale, timber deed or timber contract, recording memorandum, or written consent of the timber owner by the owner or operator of a logging or timber harvesting operation for at least a period of three (3) years pursuant to 2 O.S. § 16-64(D).

(1)   First Violation - $100 to $2500

(2)   Second Violation - $750 to $5000

(3)   Subsequent Violations - $2500 to $10,000

(y)   Failure of a sawmill owner or operator of other person purchasing timber for resale, from a timber owner or owner of a logging or timber harvesting operation to obtain a bill of sale for the same or other evidence of ownership and to preserve it for a period of three (3) years pursuant to 2 O.S. § 16-65.

(1)   First Violation - $100 to $2500

(2)   Second Violation - $750 to $5000

(3)   Subsequent Violations - $2500 to $10,000

(z)   Selling timber using a false or altered identification or a false declaration of ownership pursuant to 2 O.S. § 16-66.

(1)   First Violation - $500 to $2500

(2)   Second Violation - $1000 to $7500

(3)   Subsequent Violations - $5000 to $10,000

[Source: Added at 27 Ok Reg 1101, eff 7-1-10]