Sec. 08.07.04.03. Open Air Burning

A. A person may not engage in open air burning except under the following conditions:

(1) There is a natural or constructed fire break at least 10 feet wide completely around the material to be burned that is free of flammable materials;

(2) Adequate personnel and equipment are present to prevent the fire from escaping;

(3) At least one responsible person remains at the location of the fire until the last spark is out; and

(4) Burning occurs between the hours of 4 p.m. and 12 midnight, except that when the ground is covered with snow the burning may occur at any time so long as all other requirements are met.

B. A person may engage in open air burning, or prescribed burning, which does not comply with A of this regulation, if the person has submitted a plan for that burning to the Department for review and the Department has issued a permit for that burning. The Director may require conditions in the permit which are more stringent or less stringent than the requirements in A of this regulation.

C. In addition to the conditions and requirements in A and B of this regulation, a person engaged in open air burning or prescribed burning shall comply with all other requirements of State and local authorities having jurisdiction.