Nevada § 244.3671 - Action to recover expenses incurred in extinguishing wildfire

§ 244.3671. Action to recover expenses incurred in extinguishing wildfire

1. A board of county commissioners may bring an action in a court of competent jurisdiction

against any person, firm, association or agency that is responsible for willfully

or negligently causing a wildfire to recover any expenses incurred by the county in

extinguishing the wildfire and reasonable attorney's fees and litigation expenses. 2. In determining whether a person, firm, association or agency is responsible for

willfully or negligently causing a wildfire, it must be considered, without limitation,

whether the person, firm, association or agency failed to exercise reasonable care

given: (a) The forecasted and existing weather conditions; (b) The conditions of fuel moisture; and (c) The topography of the area of the wildfire. 3. Notwithstanding the provisions of subsections 1 and 2, a person, firm, association

or agency is immune from liability for the payment of any expenses incurred by the

county in extinguishing a wildfire and attorney's fees and litigation expenses if

the person, firm, association or agency immediately notified the nearest fire-fighting

agency of the wildfire, was forthright and truthful in responding to questions from

the State Forester Firewarden, any fire-fighting agency and any other state or local

agency investigating the wildfire, and at least one of the following circumstances

applies: (a) The person, firm, association or agency had permission from a federal, state or

local agency to start a fire or conduct a controlled burn and was in compliance with

the terms of such permission; (b) The person, firm, association or agency started a warming fire to protect human

life due to dangerous weather conditions; or (c) The person, firm, association or agency is in the business of raising livestock

and started a controlled campfire for the purpose of branding livestock. 4. As used in this section: (a) “ Fire-fighting agency ” means a public fire department, fire protection district or other agency of this

State or a political subdivision of this State, the primary functions of which are

to control, extinguish, prevent and suppress fires. (b) “Livestock” has the meaning ascribed to it in NRS 569.0085 .