045-3 Wyo. Code R. § 3-4 - Fireguards

(See W.S. 37-9-301 through W.S. W.S. W.S. 37-9-303.)

(a) The Commission shall designate the Wyoming State Forestry Division as the agent to act on the Commission's behalf concerning railroad fireguard inspections.

(b) The Commission agent shall be responsible for the following within Section 4, Fireguards, of this rule and regulation:

(i) Arranging for field inspections of railroad rights-of-way,

(ii) Determining specific areas to be treated and establishing the season of the year for the treatment during the following year, and

(iii) Determining the type of treatment required.

(c) The Commission, or its agent, shall issue additional periodic orders or directives to the railroad company(s) as circumstances require. These additional orders or directives may be for additional inspections or treatment(s). A report shall be submitted to the Commission on all findings.

(d) The Commission agent shall receive all inspection team reports and recommendations. The agent shall then recommend to the Commission areas needing fireguard improvement and identify the prescribed treatment methods. The agent shall also report to the Commission any violation of its directives.

(e) The inspection team may consist of at least 3 persons with the following representation:

(i) One representative appointed by the Wyoming State Forestry Division.

(ii) One representative appointed by the railroad company operating in the county to be inspected.

(iii) One or more representatives appointed by the county, including, preferably first, the county fire marshal, or, secondly, the county weed and pest inspector.

(f) When deemed practical and necessary, the inspection team shall be responsible for the following:

(i) Conducting annual inspections of railroad rights-of-way for fireguard inspection and evaluation;

(ii) Conducting additional periodic inspections as required or as deemed necessary by the Commission agent or as requested; and

(iii) Preparing and distributing inspection findings as described in Section 4(j) of these rules.

(g) The inspection team shall carry out its responsibilities under and by the direction of the Commission, the Commission agent, or the Commission's designee.

(h) The following are Commission-approved treatment methods:

(i) Method 1-Plowing or sterilizing a fireguard (14 to 16 feet or wider) on one side within the right-of-way, 50 feet from the center line of the main track (or the outer-most track for multiple tracks) where practical and necessary.

(ii) Method 2-Plowing or sterilizing a fireguard (14 to 16 feet or wider) on both sides within the right-of-way, 50 feet from the center line of the main track (or the outer-most track for multiple tracks) where practical and necessary.

(iii) Method 3-Burning within the right-of-way on one side , 50 feet from the center line of the main track (or the outer-most track for multiple tracks) where practical and necessary. All prescription burning shall comply with district, county, and state regulations.

(iv) Method 4-Burning within the right-of-way on both sides, 50 feet from the center line of the main track (or the outer-most track for multiple tracks) where practical and necessary. All prescription burning shall comply with district, county, and state regulations.

(v) Method 5-Sterilizing within the right-of-way on one side of the outer-most tracks where practical and necessary.

(vi) Method 6-Sterilizing within the right-of-way on both sides of the outer-most tracks where practical and necessary.

(vii) Method 7-Treating the right-of-way with herbicide (solely for fire prevention purposes) on one side , 50 feet from the center line of the main track (or the outer-most track for multiple tracks) where practical and necessary and then discing a fireguard 10 feet or wider on one side of the tracks within the right-of-way where practical and necessary.

(viii) Method 8-Treating the right-of-way with herbicide (solely for fire prevention purposes) on both sides, 50 feet from the center line of the main track (or the outer-most track for multiple tracks) where practical and necessary and then discing a fireguard 10 feet or wider on both sides of the tracks within the right-of-way where practical and necessary.

(ix) Method 9-Using other types of treatment as agreed upon by all the inspection team members.

(x) Method 10-Directing noxious weed problems to the Wyoming Department of Agriculture, 2219 Carey Avenue, Cheyenne, WY 82002-0100 (telephone 307-777-7321 ) or the local county weed and pest control district.

(i) When deemed practical and necessary, one of the preceding treatment methods shall be selected after considering fire occurrence maps, accessability, land values, fuel types on the land, and other local factors influencing the likelihood of fires.

(j) The inspection teams shall use WYDOT Form 10B or another Department form designated as appropriate for inspection reports. The team shall prepare a minimum 4 copies of the form for each inspection. Each inspection team member shall retain a copy, and the team shall forward one copy to the Commission-by November 1 each year for annual inspections or upon completion of periodic inspections.

(k) State Forestry Division Form WSFD-2 shall be used for submitting damage or suppression costs to the railroad company.

Notes

045-3 Wyo. Code R. § 3-4