BUTTE COUNTY AQMD RULES AND REGULATIONS 

Rule 300 Proposed for Adoption August 27, 2015 300-1

Rule 300 Open Burning Requirements, Prohibitions and Exemptions 

(Adopted February 23, 1971; Amended December 12, 1972 and July 15, 1980; Recodified and 

Amended August 6, 1985; Amended September 18, 1990 and April 7, 1992; Recodified 

and Amended August 20, 1998; Recodified August 22, 2002; Amended January 22, 2004; 

Recodified and Amended December 9, 2010: ; Amended February 24, 2011; Proposed for Amendment 

August 27, 2015) 

RULE 300 CONTENTS

1 PURPOSE 

2 APPLICABILITY 

3 EFFECTIVE DATE 

4 EXEMPTIONS 

4.1 Agricultural Burning 

4.2 Animal Husbandry Branding 

4.3 Backfires 

4.4 Disposal of Contraband 

4.5 Disposal of an Unserviceable American Flag 

4.6 Filmmaking 

4.7 Fire Hazard Reduction 

4.8 Fires Set By Public Officers 

4.9 Industrial Site Fire Training 

4.10 Non-Agricultural Burning 

4.11 Pesticide Application 

4.12 Recreational Fires 

4.13 Residential Burning 

4.14 Right-of-Way Clearing 

5 DEFINITIONS 

5.1 Agricultural Burning 

5.2 Agricultural Waste 

5.3 Air Pollution Control Officer (APCO) 

5.4 Approved Ignition Devices 

5.5 Backfire 

5.6 Brush Treated 

5.7 Burn Barrel 

5.8 Burn Information Recorder 

5.9 Burn Permit or Air Quality Burn Permit 

5.10 Burn Season Month 

5.11 California Air Resources Board (CARB) 

5.12 Chico Sphere of Influence 

5.13 Class I Area 

5.14 Contraband 

5.15 Crackle Test 

5.16 Daily Acreage Allocation 
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5.17 Disposal 

5.18 DISTRICT 

5.19 Fire Agency Burn Permit 

5.20 Fire Hazard Reduction Burning 

5.21 Fire Protection Agency 

5.22 Forest Management Burning 

5.23 Garbage 

5.24 Incinerator 

5.25 Land Clearing 

5.26 Land Manager 

5.27 Magalia/Upper Ridge Area 

5.28 National Emissions Standard for Hazardous Air Pollutants (NESHAPs) 

5.29 No-Burn Day 

5.30 Non-Agricultural Burning 

5.31 Open Burning, Open Outdoor Fire(s) or Open Fire(s)

5.32 Paper Containers of Agricultural Chemicals 

5.33 Permissive Burn Day or Burn Day 

5.34 Person 

5.35 Prescribed Burning 

5.36 Prescribed Fire Incident Reporting System (PFIRS) 

5.37 Prohibited Materials 

5.38 Prunings-Only Burn Day 

5.39 Range Improvement Burning 

5.40 Residential Burning 

5.41 Residential Burn Day 

5.42 Rice Equivalent Acres 

5.43 Rubbish 

5.44 Sacramento Valley Air Basin 

5.45 Sacramento Valley Air Basin Smoke Management Program 

5.46 Silvaculture or Timber Management 

5.47 Smoke Impact Liability 

5.48 Smoke Management Plan 

5.49 Smoke Management Program Coordinator 

5.50 Smoke Sensitive Area 

5.51 State Responsibility Areas 

5.52 Town of Paradise Sphere 

5.53 Variance

5.545.53 Wildland 

5.555.54 Wildland Management Burning 

6 GENERAL PROHIBITIONS 

7 BURN PERMIT REQUIREMENTS 

7.1 General Requirements 

7.2 Required Information 

7.3 Fees 

7.4 Exemptions to Permit Requirements 
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8 GENERAL BURN REQUIREMENTS, CONDITIONS AND PRACTICES

8.1 Designated Burn Period 

8.2 Drying Time Requirement 

8.3 Fire Control 

8.4 Fire Protection Agencies 

8.5 Fire Suppression 

8.6 Ignition Devices 

8.7 Required Conduct 

8.8 Restriction Of Burning During Poor Air Quality Conditions 

8.9 Smoke Minimization 

8.10 Strict Liability 

8.11 Suspension of Burning Privilege 

8.12 Wind Direction 

9 AGRICULTURAL BURNING 

9.1 General Conditions 

9.2 Burn Hours 

9.3 Daily Acreage Allocation 

9.4 Field Crop Burn Limitation 

9.5 Notice of Intent to Ignite 

9.6 Paper Containers of Agricultural Chemicals 

9.7 Flood Debris 

9.8 Permit to Burn on a No-Burn Day 

9.9 Range Improvement Burning on a No-Burn Day 

9.10 Acreage Limitation on No-Burn Days 

9.11 Rice Straw Burning 

9.12 Wildland Vegetation Management Burning 

10 NON-AGRICULTURAL BURNING 

10.1 General Conditions 

10.2 Burn Hours 

10.3 Fires Set by Public Officers 

10.4 Disposal of Contraband 

10.5 Industrial Site Fire Training 

10.6 Land Clearing 

10.7 Right of Way, Levee, Reservoir and Ditch Clearing 

10.8 Fire Hazard Reduction 

11 RESIDENTIAL BURNING 

11.1 General Conditions 

11.2 Burn Hours 

11.3 Performance Standards 

11.4 Additional Requirements for Magalia/Upper Ridge Area 

11.5 Additional Requirements for the Chico Sphere of Influence 

12 SEVERABILITY 
BUTTE COUNTY AQMD RULES AND REGULATIONS 

Rule 300 Proposed for Adoption August 27, 2015 300-4

RULE 300 

1 PURPOSE: The purpose of this Rule is to ensure that open burning in the District is 

conducted in a manner that minimizes emissions and smoke and is managed 

consistent with State and federal law. 

2 APPLICABILITY

2.1 The provisions of this Rule shall apply to any person or land manager 

conducting, allowing, or using any open burning within the District, and to 

any person in possession of property or who exercises possessor rights on the 

property on which burning is performed. 

2.2 The provisions of this Rule shall apply to any open burning including, but not 

limited to: 

2.2.1 Agricultural burning; 

2.2.2 Non-agricultural burning such as land use conversion for nonagricultural purposes; or 

2.2.3 Residential burning. 

3 EFFECTIVE DATE: The provisions of this Rule shall be effective March 1, 2011. 

4 EXEMPTIONS: Nothing in this Rule shall be construed to prohibit: 

4.1 Agricultural Burning: Burning for the disposal of agricultural waste 

authorized pursuant to Section 9 of this Rule “Agricultural Burning”. 

4.2 Animal Husbandry Branding: Fires used in heating branding irons as 

necessary in animal husbandry practices provided that the fire does not 

contain prohibited materials. 

4.3 Backfires: Burning operations conducted following Section 4426 of the 

Public Resources Code (PRC) as necessary to save life or valuable property. 

4.4 Disposal of Contraband: Such fire must be set and tended by official law 

enforcement personnel and must have been deemed not disposable by any 

other means by such officials. Prior to such burns, the Butte County Air 

Quality Management District (DISTRICT) shall be informed of the place, 

date and time of the burn, and type and quantity of contraband to be disposed. 

4.5 Disposal of an Unserviceable American Flag: Any disposal of an 

unserviceable American Flag that is no longer fit for display must be 

conducted in a respectful and dignified manner in accordance with California 

Health and Safety Code (HSC) Section (§) 41806(c). 

4.6 Filmmaking: Fires set as part of a commercial film or video production 
BUTTE COUNTY AQMD RULES AND REGULATIONS 

Rule 300 Proposed for Adoption August 27, 2015 300-5

activity for motion pictures or television provided that the fire is set or 

allowed by the public fire official having jurisdiction, in the performance of 

official duty, and the fire is authorized in writing by the APCO. 

4.7 Fire Hazard Reduction: Burning may be conducted at multi-unit dwellings,

by commercial entities, and on residential lots equal to or greater than one (1) 

acre when done for the purpose of compliance with local fire hazard reduction 

ordinances. 

4.8 Fires Set by Public Officers: Burning operations conducted by or permitted 

by any public officer authorized pursuant to Section 10.3 of this Rule. 

4.9 Industrial Site Fire Training: Burning operations on property used for 

industrial purposes for the instruction of employees in methods of fire 

fighting. 

4.10 Non-Agricultural Burning: Open burning set pursuant to Section 10 of this 

Rule including, but not limited to, fires set by a public officer or public entity, 

land clearing for commercial or residential property development, and fire 

hazard reduction burning. 

4.11 Pesticide Application: Open burning for the purpose of creating a smoke 

column during herbicide and/or pesticide applications as required by Title III 

of the California Code of Regulations (CCR), Section 6464(a), provided that 

all DISTRICT requirements are met. HSC §41701 shall not apply to smoke 

generated for this purpose. 

4.12 Recreational Fires: Open outdoor fires used for cooking food for human 

consumption or for recreational purposes providing the fire does not contain 

prohibited materials. 

4.13 Residential Burning: Burning for the disposal of vegetative waste 

authorized pursuant to Section 11 of this Rule. 

4.14 Right-of-Way Clearing: Burning by a public entity or utility for right-ofway clearing or other property access, or for levee, reservoir, ditch, or 

drainage maintenance authorized pursuant to Section 10.7 of this Rule. 

5 DEFINITIONS 

5.1 Agricultural Burning: Open outdoor fires used in any of the following: 

5.1.1 Agricultural operations in the growing of crops or raising of fowl or 

animals, or open outdoor fires used in forest management, range 

improvement, or the improvement of land for wildlife and game 

habitat, or for disease or pest prevention; 

5.1.2 The operation or maintenance of a system for the delivery of water 

for the purposes specified in Section 5.1.1 above; and 
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5.1.3 Wildland vegetative management burning or forest management 

burning, including silvaculture and timber operations, or prescribed 

burning. 

5.2 Agricultural Waste(s): Unwanted or unsalable materials produced wholly 

from agricultural operations and materials not produced from agricultural 

operations but which are intimately related to the growing or harvesting of 

crops. Agricultural waste includes: Grass and weeds growing in or on fence 

rows, ditch banks, levees, in or adjacent to fields in cultivation or being 

prepared for cultivation; vegetation removed for range improvement, for 

wildlife, game, or livestock habitat, forest management debris, or for the 

initial establishment of an agricultural operation on previously uncultivated 

land; fertilizer and pesticide sacks that are burned where the sacks are 

emptied on that field; material produced from the operation or maintenance of 

waterways used in agricultural operations. Agricultural waste does not 

include agricultural commodities such as baled rice straw or hay, either intact 

or spread after baling, hulls or shells removed through processing, or 

agricultural waste removed from the property where grown.

5.3 Air Pollution Control Officer (APCO): The person appointed by the 

DISTRICT Board pursuant to HSC §40750 to serve as the APCO of the 

DISTRICT.

5.4 Approved Ignition Devices: Instruments or materials that will ignite open 

fires without the production of black smoke as approved by the APCO. This 

would include such items as liquid petroleum gas, butane, or diesel oil 

burners, flares, or other similar materials. This does not include waste 

products or fuels, tires, tar, tar paper, oil and other similar materials. 

5.5 Backfire: A fire started in the path of an oncoming fire in order to deprive it 

of fuel and thereby control or extinguish it. 

5.6 Brush Treated: Material to be burned that has been felled, crushed or 

uprooted with mechanical equipment, has been desicated with herbicides, or 

is dead. 

5.7 Burn Barrel: A container used to hold combustible or flammable waste 

materials so that they can be ignited outdoors for the purpose of disposal. 

5.8 Burn Information Recorder: The DISTRICT burn information recording, 

reached by calling a toll-free or local telephone number, which provides 

information regarding the burn day status (burn or no-burn) and other 

pertinent information. 

5.9 Burn Permit or Air Quality Burn Permit: A permit issued by the APCO of 

the DISTRICT that identifies the type(s) and quantity of materials to be 

burned at each location where burning is authorized and specifies conditions 
BUTTE COUNTY AQMD RULES AND REGULATIONS 

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to be followed for the purpose of improving the combustibility of such waste 

in order to reduce its smoke level. 

5.10 Burn Season Month: The months of January through June where residential 

burning is only authorized in the Magalia/Upper Ridge Area for a specific 

geographic location.

5.11 California Air Resources Board (CARB): An organization which is part of 

the California Environmental Protection Agency (EPA) and oversees the 

activities of 35 local and regional air pollution control districts and reports 

directly to the Governor's Office in the Executive Branch of California State 

Government. 

5.12 Chico Sphere of Influence: The geographical area within Butte County as 

defined by the Butte Local Agency Formation Commission which 

encompasses the City of Chico and immediately adjacent areas.

5.13 Class I Area: A mandatory visibility protection area designated pursuant to 

section 169A of the federal Clean Air Act. 

5.14 Contraband: Goods whose importation or exportation or possession is 

prohibited by law. 

5.15 Crackle Test: A procedure to test rice straw moisture by preparing a 

representative, composite sample of straw from under the mat and in the 

center of the mat from various parts of the field. If a handful of the composite 

sample crackles when bent sharply, the straw is deemed dry enough to burn.

5.16 Daily Acreage Allocation: The maximum number of acres of agricultural 

waste, in rice equivalent acres, that may be burned per day in the Butte 

County Air Quality Management District as determined by the Smoke 

Management Program Coordinator (SMPC) by using the daily basinwide 

acreage allocation equation contained in the approved Agricultural Burning 

Plan per Title 17 CCR. Agricultural burning conducted above 2,000 feet is 

not included in the Daily Acreage Allocation. 

5.17 Disposal: Destruction or transformation of garbage or rubbish. 

5.18 DISTRICT: The Butte County Air Quality Management District having 

jurisdiction over Butte County. 

5.19 Fire Agency Burn Permit: A burn permit issued by a fire protection agency 

which includes conditions to be followed to protect people, property and the 

environment from fires, and for the prevention of high-intensity fires through 

reduction of the volume and continuity of fuels, or for disposal of vegetative 

waste. 
BUTTE COUNTY AQMD RULES AND REGULATIONS 

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5.20 Fire Hazard Reduction Burning: Open burning conducted at multi-unit 

dwellings, by commercial entities, and on residential lots equal to or greater 

than one (1) acre when done for the purpose of compliance with local fire 

hazard reduction ordinances. 

5.21 Fire Protection Agency: Any agency with the responsibility and authority to 

protect people, property, and the environment from fire, and having 

jurisdiction within a district or region. 

5.22 Forest Management Burning: The use of open fires to remove forest debris 

as part of a forest management practice. Forest management practices include 

timber operations, silvicultural practices and forest production practices. 

5.23 Garbage: Discarded or useless material except vegetative wastes and 

agricultural wastes. 

5.24 Incinerator: Any device constructed of nonflammable materials, including 

containers commonly known as burn barrels, used for the purpose of burning 

therein trash, debris, and other flammable materials for volume reduction or 

destruction. 

5.25 Land Clearing: The removal of vegetation from any site, parcel or lot for 

purposes of real estate development. 

5.26 Land Manager: Any federal, State, local, or private entity or person that 

administers, directs, oversees, or controls the use of public or private land, 

including the application of fire to the land. 

5.27 Magalia/Upper Ridge Area: That portion of Butte County which is located 

within the Town of Paradise Sphere and is north of the Town of Paradise 

limits. 

5.28 National Emissions Standards for Hazardous Air Pollutants (NESHAPs): 

The emissions standards set by the federal government for an air pollutant 

that may cause an increase in fatalities or in serious, irreversible, or 

incapacitating illness. 

5.29 No-Burn Day: Any day, or portion thereof, designated by the APCO, 

CARB, or a local, State or federal fire protection agency having jurisdiction 

over the burn location, during which no fires may be ignited and no material 

may be added to an approved existing fire except as authorized in Section 9 of 

this Rule. 

5.30 Non-Agricultural Burning: As regulated under HSC §41800, et. seq., all 

open burning set pursuant to Section 10 of this Rule including, but not limited 

to, fires set by a public officer or public entity, land clearing for commercial 

or residential property development, and fire hazard reduction burning. 
BUTTE COUNTY AQMD RULES AND REGULATIONS 

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5.31 Open Burning, Open Outdoor Fire(s) or Open Fire(s): Combustion of any 

material of any type, outdoors in the open air, where the products of 

combustion are not directed through a flue, stack or chimney. 

5.32 Paper Containers of Agricultural Chemicals: Sacks or other receptacles 

that are predominately of paper and manufactured to contain pesticides, 

fertilizer, or toxic chemicals, and emptied and used in the field for purposes 

intimately associated with the growing and harvesting of crops. 

5.33 Permissive Burn Day or Burn Day: Any day, or portion thereof, on which 

allowable burning is not prohibited by the DISTRICT, CARB or any local, 

State or federal fire protection agency having jurisdiction over the proposed 

burn location and is authorized by the DISTRICT in accordance with the 

Smoke Management Program for Agricultural and Prescribed Burning, as set 

forth in Title 17 CCR. 

5.34 Person: Any person, firm, association, organization, partnership, business 

trust, corporation, limited liability company, company, State or local 

government agency, public district, or any officer or employee thereof, and 

the United States or its agencies, to the extent authorized by federal law. 

5.35 Prescribed Burning: The planned application and confinement of fire to 

wildland fuels on lands selected in advance of that application to achieve any 

of the objectives listed in HSC §39011. The planned application of fire may 

also include natural or accidental ignition. 

5.36 Prescribed Fire Incident Reporting System (PFIRS): The CARB webbased database which allows Districts and land managers the opportunity to 

submit Smoke Management Plans electronically and identify and schedule the 

burning activities planned in a geographical area in order to reduce smoke 

impacts to the public. 

5.37 Prohibited Materials: Any waste or manufactured material, including but 

not limited to: petroleum products and petroleum wastes; construction and 

demolition wastes; tar paper; roofing material; wiring; flooring material; 

insulation; plywood; coated wire; disposable diapers and putrescible wastes; 

tires; tar; non-natural wood waste; processed, painted or treated wood 

products; metals; motor vehicle bodies or parts; rubber; synthetics; plastics, 

including plastic film, twine and pipe; fiberglass; styrofoam; garbage; trash; 

refuse; rubbish; swill; ashes; glass; industrial wastes; equipment; appliances; 

furniture; instruments; utensils; mattresses; shoes; cloth; rags; paper and 

paper products; cardboard; boxes; crates; excelsior and other packaging 

materials; offal, including the carcass of any dead animal; human or animal 

parts or wastes, including blood and fecal matter; food contaminated material; 

or any other non-vegetative material that when burned may discharge air 

contaminants that may cause a health risk to any person. 
BUTTE COUNTY AQMD RULES AND REGULATIONS 

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5.38 Prunings-Only Burn Day: In accordance with the Sacramento Valley 

Smoke Management Program, any day, or portion thereof, designated by 

CARB or the DISTRICT as a day, or portion thereof, during which small fires 

for the purpose of disposing orchard prunings may be ignited. 

5.39 Range Improvement Burning: The use of open fires to remove vegetation 

for wildlife, game, or livestock habitat, or for the initial establishment of an 

agricultural practice on previously uncultivated land. 

5.40 Residential Burning: An open outdoor fire for the disposal of natural

vegetation from a single- or two-family dwelling on lots less than one (1) 

acre. Residential burning conducted on lots less than one (1) acre in size is 

not considered to be fire hazard reduction burning.

5.41 Residential Burn Day: Any day which has been determined by the 

DISTRICT to be a Permissive Burn Day for residential burning. 

5.42 Rice Equivalent Acres: The quantity of particulate matter generated from 

the open burning of one (1) acre of rice straw after harvest, quantified as 6.3 

pounds of PM10 (particulate matter which is measured at ten (10) microns in 

size) per ton of rice straw burned, with a fuel load of three (3) tons per acre. 

5.43 Rubbish: Useless waste or rejected matter; garbage. 

5.44 Sacramento Valley Air Basin: The geographical area including the 

following counties: Butte; Colusa; Glenn; Placer; Sacramento; Shasta; 

Tehama; Yolo Solano; and Yuba and Sutter (collectively “Feather River”). 

5.45 Sacramento Valley Air Basin Smoke Management Program: The 

program which describes the policies and procedures used with hourly and 

daily measurements of air quality and meteorology to determine how much 

biomass burning can be allowed in the Sacramento Valley Air Basin, 

developed and approved pursuant to Title 17, CCR, Section 80140 et seq. 

5.46 Silvaculture or Timber Practices: The establishment, development, care 

and reproduction of stands of timber. 

5.47 Smoke Impact Liability: Any person or land manager conducting, allowing, 

or using any open burning shall be held legally responsible for any injury, 

detriment, nuisance, or annoyance to a considerable number of persons or the 

public from the smoke generated by the open burning, including, but not 

limited to, a public nuisance as defined in HSC §41700. 

5.48 Smoke Management Plan: An operational plan for managing a specific fire 

to achieve resource benefits and specific management objectives. The 

document shall be prepared for each fire by land managers to provide 
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information and procedures required by the DISTRICT, in accordance with 

the Sacramento Valley Air Basin Smoke Management Program, to minimize 

smoke impacts of the proposed burn project. 

5.49 Smoke Management Program Coordinator (SMPC): The Sacramento 

Valley Air Basin Smoke Management Program Coordinator who centralizes 

and computerizes burn data storage and communications. Daily, during the 

fall burn season, the SMPC collects and transmits information to the local air 

districts and CARB. 

5.50 Smoke Sensitive Area: Populated areas and other areas where the 

DISTRICT determines that smoke and air pollutants can adversely affect 

public health or welfare. Such areas can include, but are not limited to, towns 

and villages, campgrounds, trails, populated recreational areas, hospitals, 

nursing homes, schools, roads, airports, public events, shopping centers, and 

mandatory Class I areas. 

5.51 State Responsibility Areas (SRAs): Areas of the state in which the financial 

responsibility of preventing and suppressing fires has been determined by the 

State Board of Forestry and Fire Protection to be primarily the responsibility 

of the State.

5.52 Town of Paradise Sphere: The geographical area within Butte County as 

defined by the Butte Local Agency Formation Commission which 

encompasses the Town of Paradise and adjacent areas, including the 

Magalia/Upper Ridge Area. 

5.53 Variance: Temporary exemption from DISTRICT rules or regulations 

granted to sources by the DISTRICT Hearing Board.

5.545.53 Wildland: Any area where development is generally limited to roads, 

power lines, and widely scattered structures. Such land is not cultivated (i.e., 

the soil is disturbed less frequently than once in ten (10) years), is not fallow, 

and is not in the United States Department of Agriculture Conservation 

Reserve Program. The land may be neglected altogether or managed for such 

purposes as wood or forage production, wildlife, recreation, wetlands, or 

protective plant cover. 

5.54.15.53.1 For SRAs only, “Wildland” as specified in PRC Section 

4464(f) means any land that is classified as an SRA pursuant to 

Article 3 (commencing with PRC Section 4125) of Chapter 1, Part 2 

of Division 4 and includes any such land having a plant cover 

consisting principally of grasses, forbs, or shrubs that are valuable 

for forage; and, 

5.54.25.53.2 “Wildland” also means any lands that are contiguous to lands 

classified as an SRA if wildland fuel accumulation is such that a 

wildland fire occurring on these lands would pose a threat to the 

adjacent SRA. 
BUTTE COUNTY AQMD RULES AND REGULATIONS 

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5.555.54 Wildland Vegetation Management Burning: The use of prescribed 

burning conducted by a public agency, or through a cooperative agreement or 

contract involving a public agency, to burn land predominantly covered with 

chaparral, trees, grass, or standing brush as defined in Title 14, California 

Administrative Code, Section 1561.1. 

6 GENERAL PROHIBITIONS 

6.1 Except as provided in this Rule, no person or land manager shall conduct, 

allow, or use open fires for the purpose of disposal of any waste or other 

material. 

6.2 All open fires shall be free of prohibited materials. 

6.3 All vegetative material to be burned must be burned on the property where 

the material was grown. Material shall not be transported to another location 

to be burned. 

6.4 A burn permit shall not be valid on a No-Burn Day. No person shall 

knowingly set or permit burning on a No-Burn Day except as provided in 

Sections 9.8 and 9.9 of this Rule. A person shall be deemed to have permitted 

burning if they allow the setting or use of a fire for disposal under their 

control, on land under their control, or by employees or other persons under 

their control. 

6.5 It is unlawful to burn rubbish or garbage at dumps, landfills, or refuse 

disposal areas, or at any solid waste dump, whether public or private, or to 

burn garbage anywhere else in the County of Butte, except under a variance. 

6.6 Open fires in orchards or citrus groves for the purposes of frost protection are 

prohibited. 

7 BURN PERMIT REQUIREMENTS 

7.1 General Requirements: Except as provided in Section 7.4 below, a person 

shall obtain a valid burn permit issued by the APCO and follow the 

conditions specified on the permit to ensure adherence to this Rule prior to: 

7.1.1 Igniting any open fire; 

7.1.2 Conducting, performing or participating in any open burning 

activity; or, 

7.1.3 Allowing open burning on any property under the person’s 

possession. 

7.2 Required Information: Each permit applicant shall provide such 

information as is required by the DISTRICT and/or the designated fire 

protection agency for fire protection purposes. 
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7.3 Fees: Fees for permitting shall be assessed in accordance with DISTRICT 

Regulation V-Fees. 

7.4 Exemptions to Burn Permit Requirements: The following are exempt 

from a DISTRICT burn permit (although other permitting requirements from 

fire protection agencies may be required): 

7.4.1 Open outdoor fires used for cooking food for human consumption or 

for recreational purposes; 

7.4.2 Open burning of vegetation at one- or two-family residences on lots 

less than one (1) acre in size, provided that DISTRICT requirements 

and the requirements of fire protection agencies are both met; 

7.4.3 Open burning for the disposal of an unserviceable American Flag 

that is no longer fit for display in accordance with HSC §41806(c). 

7.4.4 Liquid Petroleum Gas and Natural Gas-Fired Burners designed and 

used to kill seedling grass and weeds in orchards and field crops, 

where the growth is such that combustion will not continue without 

the use of the burner; 

7.4.5 Fires Set by public officers, as allowed in Sections 10.3 and 10.4 of 

this Rule. 

7.4.6 Open burning for Fire Hazard Reduction, when conducted in 

accordance with a local fire agency permit, when required. 

8 GENERAL BURN REQUIREMENTS, CONDITIONS AND PRACTICES

8.1 Designated Burn Period: Only that amount of waste which can reasonably 

be expected to completely burn within the designated burn hours shall be 

ignited on any one (1) day, except: 

8.1.1 Dry trees, uprooted stumps, and branches greater than six (6) inches 

in diameter may be ignited even though they cannot reasonably be 

expected to completely burn within the burn hours; and, 

8.1.2 Vegetation greater than six (6) inches in diameter that continues to 

burn beyond the designated burn hours does not relieve the 

permittee from smoke impact liability. 

8.2 Drying Time Requirement: The elapsed time between cutting, felling or 

uprooting and ignition or burning shall be: 

8.2.1 A minimum of thirty (30) days for trees, stumps and branches 

greater than six (6) inches in diameter; 

8.2.2 A minimum of fifteen (15) days for vines, bushes or branches less 

than or equal to six (6) inches in diameter. 

8.2.3 The drying time requirements stated in Sections 8.2.1 and 8.2.2 

above do not apply to the following: 

8.2.3.1 Open burning of Manzanita or Scotch Broom; and, 

8.2.3.2 Open burning for control of pests as authorized by the 

Butte County Agricultural Commissioner. 

8.2.4 The drying time requirements stated in Sections 8.2.1 and 8.2.2 may 
BUTTE COUNTY AQMD RULES AND REGULATIONS 

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be waived by the APCO for good cause at the discretion of the 

APCO. The adequacy of cause to waive the drying time 

requirements shall be decided on a case-by-case basis by the APCO.

8.3 Fire Control: All fires shall be reasonably controlled and contained so that 

the fire does not escape. 

8.4 Fire Protection Agencies: Local fire-protection agencies may have 

additional burning requirements for fire safety. At all times the local fire 

protection agency having jurisdiction over the respective burn site must 

provide authorization for burning. Nothing in these regulations shall be 

construed as limiting the power of the fire protection agencies from requiring 

or enforcing stricter standards. 

8.5 Fire Suppression: Any open burning that is in violation of this Rule may be 

subject to being extinguished by any fire control agency when so requested by 

the APCO. The cost of fire suppression may be charged to the person, 

persons, business, firm, or corporation responsible for the fire. This provision 

is in addition to any other penalties that are authorized by HSC §42400 

through §42404 and the provisions of this Rule. 

8.6 Ignition Devices: All open fires shall be ignited with an approved ignition 

device. 

8.7 Required Conduct: No person shall ignite any open fire, conduct, perform 

or participate in any open burning activity, nor shall allow the open burning 

activity on any property under the person or land manager's control that is in 

violation of any State law, Statute, or DISTRICT Rule or Regulation. 

8.8 Restriction Of Burning During Poor Air Quality Conditions: The APCO 

may restrict burning on burn days if such burning could cause or contribute to 

extreme adverse air quality conditions. No burning shall be conducted if 

meteorological conditions would cause an undue amount of emissions to be 

transported into populated or sensitive receptor areas. No burning shall be 

conducted when such burns, in conjunction with present or predicted 

meteorology, could cause or contribute to a violation of an Ambient Air 

Quality Standard. In no event shall a public nuisance be permitted to exist by 

the APCO or by the permittee. 

8.9 Smoke Minimization: All vegetative wastes to be burned shall be 

reasonably free of dirt, soil, visible surface moisture, and moisture content in 

order to minimize smoke production. Vegetation shall be arranged so that it 

will ignite as rapidly as practicable within applicable fire control restrictions 

and burn with a minimum amount of smoke. 

8.10 Strict Liability: Any person in possession of property or who exercises 

possessor rights on the property on which any open burning is performed in 
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Rule 300 Proposed for Adoption August 27, 2015 300-15

violation of this Rule is strictly liable for any violation of this Rule. A 

contractor or agent acting on behalf of the person in possession of the 

property is also strictly liable for any violation. In addition, a parent or legal 

guardian of any minor violating this Rule shall be strictly liable for the 

minor’s conduct and violation(s). 

 

8.11 Suspension of Burning Privilege: The APCO may suspend all burn 

privileges for any person or location for any violation of this Rule. Burning 

privileges may be reinstated after resolution of the violation(s) with the 

DISTRICT. 

8.12 Wind Direction: Burning shall not be ignited when the wind direction is 

such that smoke from the burning of such waste would be blown or carried 

into a nearby populated area and could create a public nuisance. 

9 AGRICULTURAL BURNING

9.1 General Conditions: Unless specifically exempted in Section 7.4 of this

Rule, agricultural burning shall be subject to permitting requirements and are 

also subject to the General Burn Requirements, Conditions, and Practices 

described in Section 8 of this Rule. 

9.2 Burn Hours: A person shall not commence any open burning before or after 

the burn hours, as follows: 

9.2.1 For orchard prunings, brush and land clearing waste, burn hours are 

between 8:45 a.m. and one (1) hour before sunset; 

9.2.2 Between March 1 and August 31, for all field crops, including rice, 

ditchbanks, weeds, and levees, burn hours are between 10:00 a.m. 

and 5:00 p.m.; 

9.2.3 Between September 1 and February 28, for all field crops, including 

rice, ditchbanks, weeds, and levees burn hours are between 10:00 

a.m. and 3:00 p.m. All fires shall be completely out by 4:00 p.m.; 

and, 

9.2.4 CARB may restrict or relax the burn hours due to air quality factors. 

Any restriction or relaxation of burn hours shall only be enforceable 

on the day that the burn restrictions or relaxations are in effect. 

9.3 Daily Acreage Allocation: No person shall cause an exceedance of the 

DISTRICT daily acreage allocation. 

9.4 Field Crop Burn Limitation: No field crop acreage which was harvested 

prior to September 10 shall be burned during the period of October 1 through 

November 15 of each year unless written authority is given by the APCO. 

9.5 Notice of Intent to Ignite: Prior to ingition of waste pursuant to a permit 

issued in accordance with this Rule, the permittee shall give notice of intent to 

ignite: 
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9.5.1 The permittee must contact the DISTRICT and receive verbal 

authorization prior to burning any of the following: 

9.5.1.1 Rice and other field crops; 

9.5.1.2 Weeds and ditch banks; 

9.5.1.3 Orchard removal; 

9.5.1.4 Stumps; 

9.5.1.5 Wildland vegetation management; 

9.5.1.6 Forest management; 

9.5.1.7 Range improvement; 

9.5.1.8 Flood debris, pursuant to Section 9.7 below; or, 

9.5.1.9 When restriction of burning during poor air quality

conditions are in effect, pursuant to Section 8.8 of this 

Rule.

9.5.2 For burning brush or orchard waste, or for land clearing of less than 

five (5) acres, the permittee must call the agricultural burn 

information recorder and provide the following information: 

9.5.2.1 Burn permit number; 

9.5.2.2 Type of Crop; 

9.5.2.3 Acreage to be burned; and, 

9.5.2.4 Location of the burn. 

9.6 Paper Containers of Agricultural Chemicals: The open burning of paper 

containers of agricultural chemicals must be conducted in accordance with 

EPA’s Department of Pesticide Regulations Guidelines for Emptying and 

Burning of Pesticide Bags, Chapter 13, General Policy Guidelines, Bag 

Disposal. Burning shall be conducted at the site of application under the 

conditions of a burn permit issued to the grower or applicator, in accordance 

with proper disposal guidelines specified on the packaging and downwind 

from any person or susceptible crops. In addition, only one (1) day’s 

accumulation of empty bags can be burned in any one (1) day. Only paper 

bags, inner bags, and paper outer containers may be burned. A commercial 

applicator, either ground or aerial, can burn properly emptied pesticide sacks 

where the bags are opened and emptied at the application site and under the 

agricultural burn permit issued to the grower or applicator. 

9.7 Flood Debris: Agricultural fires set for the pupose of removing wood and 

vegetation debris deposited by floodwaters on agricultural lands may be 

authorized by the APCO provided that the person setting the fire maintains an 

active burn permit with the DISTRICT and provided that the person 

conducting the burn provides notice of intent to ignite prior to ignition of the 

waste. The fire must be set or allowed by the fire agency having jurisdiction 

and must be necessary for the continuing or maintaining of an agriculture 

operation as a gainful occupation. 

9.8 Permit to Burn on a No-Burn Day: The APCO may authorize agricultural 

burning by special permit on days designated by CARB as No-Burn Days 

when denial of such permit would threaten imminent and substantial 
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Rule 300 Proposed for Adoption August 27, 2015 300-17

economic loss or would cause a public health hazard. The granting of such a 

special permit does not exempt the applicant from any other DISTRICT or 

fire control regulation. The applicant shall submit to the APCO in writing on 

a DISTRICT-provided form, the reason(s) why denial of the permit would 

cause imminent and substantial economic loss or a public health hazard. The 

daily acreage burned under this Rule shall conform with the Sacramento 

Valley Air Basin Guidelines and may be issued only when downwind 

metropolitan areas are forecasted to achieve ambient air quality standards. 

9.9 Range Improvement Burning on a No-Burn Day: The APCO may 

designate a period or a portion of such period from January 1st through May 

31st each year, during which time range improvement burning may be 

conducted by permit on a No-Burn Day, provided that more than fifty (50) 

percent of the land has been brush treated. If the burn is performed primarily 

for the improvement of land for wildlife or game habitat, the Department of 

Fish and Game may specify the amount of brush treatment required. 

CARB may prohibit range improvement burning under this Rule if such 

prohibition is required in order to prevent a violation of an Ambient Air 

Quality Standard. 

9.10 Acreage Limitation on No-Burn Days: The APCO shall limit the amount of 

acreage that can be burned with a special permit to burn on a No-Burn Day to 

200 acres per day in rice acreage equivalents. 

9.11 Rice Straw Burning: In addition to the general agricultural burning 

requirements of this Rule, rice straw burning shall be performed in 

compliance with HSC §41865, the Sacramento Valley Smoke Management 

Program, and all of the following: 

9.11.1 All rice harvesters shall employ a mechanical straw spreader to 

ensure even distribution of the straw. Rice straw may be left in rows 

provided that the straw meets the following drying time criteria. 

Drying times begin only after the entire field has been harvested. 

9.11.1.1 Rice straw may be burned prior to the drying period

specified if the straw passes the crackle test as 

described in Section 5.15 of this Rule, prior to burning; 

9.11.1.2 For spread rice straw - three (3) day drying time; 

9.11.1.3 For rowed rice straw - ten (10) day drying time; 

9.11.1.4 For rice straw harvested with the “stripper header” - 

three (3) days after the first frost found on the field; or 

three (3) days after mowing and spreading or chopping 

straw; and 

9.11.1.5 After a rain exceeding 0.15 inch (fifteen hundredths of 

an inch), rice straw shall not be burned unless the straw 

passes the crackle test. 

9.11.2 When testing the straw for moisture using the crackle test, the 

person responsible for the fire shall test a composite sample in 
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Rule 300 Proposed for Adoption August 27, 2015 300-18

accordance with the Sacramento Valley Air Basin Smoke 

Management Program; 

9.11.3 Rice stubble is to be ignited only by strip firing into the wind or by 

backfiring except where and when extreme fire hazards are declared 

to exist by the appropriate fire control agency. 

9.11.3.1 The APCO may authorize other lighting techniques if

safety reasons exist or if the crop does not lend itself to 

the approved techniques. 

9.12 Wildland Vegetation Management Burning: 

9.12.1 A Smoke Management Plan shall be required for any proposed 

range improvement burn, forest management burn, or wildland 

vegetation management burn, regardless of size, which: 

9.12.1.1 Will occur below a mean sea level (MSL) elevation of 

1000 feet; 

9.12.1.2 Encompasses a land area greater than ten (10) acres; or, 

9.12.1.3 Is estimated to produce more than one (1) ton of 

particulate matter and which occurs at or above an 

MSL elevation of 1000 feet. 

9.12.2 A Smoke Management Plan shall be submitted to the DISTRICT for 

review and approval at least 14 days prior to ignition and shall 

include the following information:

9.12.2.1 Amounts of material to be covered by the Smoke 

Management Plan; 

9.12.2.2 Location and specific objectives of the burn project; 

9.12.2.3 Type and condition of fuel and arrangement of the 

vegetation to be burned; 

9.12.2.4 Direction and distances to populated or smoke sensitive 

areas; 

9.12.2.5 Expected duration of the fire from ignition to 

extinction; and, 

9.12.2.6 Identification of responsible personnel, including 

telephone contacts. 

9.12.3 Projects which encompass a land area greater than 100 acres, are 

estimated to produce more than ten (10) tons of particulate matter, 

and/or will be conducted near smoke sensitive areas shall submit a 

Smoke Management Plan which includes information required in 

Section 9.12.2 above and shall also include the following additional 

information: 

9.12.3.1 Meteorological prescription necessary for burning (i.e. 

temperature, humidity, wind speed, and wind 

direction); 

9.12.3.2 Fuel prescription necessary for burning; 

9.12.3.3 Smoke management criteria that the permittee or their 

designee will employ to make burn ignition decisions; 

9.12.3.4 Map projection showing expected direction of smoke 

travel throughout the smoke dispersion period; 
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9.12.3.5 Specific contingency actions, including, but not limited 

to, fire suppression or containment techniques that will 

be used if smoke impacts occur or if metrological 

conditions deviate from those specified in the Smoke 

Management Plan; 

9.12.3.6 Alternatives to burning shall be evaluated. When the 

analysis has been prepared pursuant to the National

Environmental Policy Act or the California 

Environmental Quality Act, as applicable, the analysis 

shall be attached to the Smoke Management Plan; 

9.12.3.7 Procedures for notifying the public and other agencies 

of the burn (i.e. fire agencies, local fire safe councils, 

neighboring air districts) shall be specified; 

9.12.3.8 Appropriate signs shall be posted at burn sites; and, 

9.12.3.9 Procedures for reporting public smoke complaints shall 

be specified. 

9.12.4 Projects which encompass a land area greater than 250 acres or that 

continue to burn or produce smoke overnight (multi-day burns), or 

will be conducted near smoke sensitive areas shall submit a Smoke 

Management Plan that includes information required in Sections 

9.12.2 and 9.12.3 of this Rule and also shall include the following 

additional requirements: 

9.12.4.1 Specific monitoring procedures for the project which 

use visual monitoring or ambient particulate matter

monitoring as approved by the DISTRICT; 

9.12.4.2 Daily coordination between the permittee or their 

designee and the DISTRICT or CARB to assure 

prescription parameters set forth in the Smoke 

Management Plan are being met; and, 

9.12.4.3 Submission of a post-burn smoke management 

evaluation to the DISTRCT. 

9.12.5 Natural Ignition: When natural ignition occurs on a No-Burn Day, 

the decision to “go/no-go” for resource benefit shall be determined 

through consultation between the land manager or their designee and 

the DISTRICT to determine if the burn will satisfy smoke 

management requirements. The land manager or their designee 

shall submit a Smoke Management Plan consistent with this Rule 

within 72 hours of natural ignition. 

9.12.6 Acreage Limitation: No more than 6,000 acres of wildland 

vegetation shall be ignited on any one (1) day within Butte County. 

9.12.7 Certificate From The CA Department of Fish and Game: No 

range improvement burning shall be conducted for the improvement 

of land for wildlife or game habitat until the person desiring to 

conduct such burning obtains from the CA Department of Fish and 

Game a written statement certifying that the burning is desirable and 

proper for the improvement of land for wildlife or game habitat and 

such statement is filed with the APCO. As for burning conducted by 
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Rule 300 Proposed for Adoption August 27, 2015 300-20

the CA Department of Fish and Game, the department shall, on its 

own behalf, issue and file such statements. 

10 NON-AGRICULTURAL BURNING

10.1 General Conditions: Unless specifically exempted in Section 7.4 of this

Rule, non-agricultural burning shall be subject to Burn Permit Requirements 

and are also subject to the General Burn Requirements, Conditions, and 

Practices described in Section 8 of this Rule. 

10.2 Burn Hours: Non-Agricultural burn hours are between 8:45 a.m. and one 

hour before sunset. No material shall be added to the fire after 3:00 p.m. 

10.2.1 Alternate burn hours may be set for SRAs under the jurisdiction of 

the California Department of Forestry and Fire Protection, the U.S. 

Forest Service or local municipality; 

10.2.2 When a fire agency burn permit is required, persons conducting 

burning shall comply with the burn hours established by the fire 

protection agency having jurisdiction over the burn site; and,

10.2.3 All persons conducting burning shall contact the local fire protection 

agency for seasonal and specific burn hour requirements prior to 

burning.

 

10.3 Fires Set By Public Officers: Under HSC §41801, any public officer is 

authorized to set or permit a fire when such fire is, in his or her opinion, 

necessary for any of the following purposes: 

10.3.1 The prevention of a fire hazard which cannot be abated by other 

means; 

10.3.2 The instruction of public employees in the methods of fighting fire; 

10.3.2.1 Burning of any structure shall be conducted in 

accordance with NESHAPs requirements and CARB 

guidelines. The structure to be burned shall be certified 

free of asbestos. Laboratory results of the asbestos 

testing shall be submitted to the APCO at least ten (10) 

days before burning; and, 

10.3.2.2 The public officer shall notify the DISTRICT 48 hours 

before any burn conducted for the purposes of training. 

10.3.3 The setting of backfires necessary to save life or valuable property 

pursuant to Section 4426 PRC; 

10.3.4 The abatement of fire hazards pursuant to HSC §13055; 

10.3.5 Disease or pest prevention, where there is an immediate need for 

and no reasonable alternative to burning as determined by the Public 

Health Officer or the Butte County Agricultural Commissioner and 

authorized by the APCO in writing; 

10.3.6 The remediation of an oil spill pursuant to Section 8670.7 of the 

Government Code; and, 

10.3.7 Disposal of Russian thistle (Salsola kali) when authorized by a chief 

of a fire department or fire protection agency of a city, county, or 
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Rule 300 Proposed for Adoption August 27, 2015 300-21

fire protection district, the Director of Forestry and Fire Protection 

or duly authorized representative, the Butte County Agricultural 

Commissioner, or the APCO. 

10.4 Disposal of Contraband: Open outdoor fires may be used to dispose of 

contraband as required by official law enforcement personnel and as approved 

by the APCO. Prior to such burns, the DISTRICT shall be informed of the 

place, date and time of the burn, the type and quantity of contraband to be 

disposed, and the method of disposal.

10.5 Industrial Site Fire Training: Open burning may be conducted for 

industrial site employee instruction in fire fighting methods and are subject to 

the following conditions: 

10.5.1 Burning of any structure shall be conducted in accordance with 

NESHAPs requirements and CARB guidelines. The structure to be 

burned shall be certified as free of asbestos. Laboratory results of 

the asbestos testing shall be submitted to the APCO at least ten (10) 

days before burning. 

10.5.2 The responsible party shall notify the DISTRICT not less than 48 

hours before the commencement of any burn conducted for the 

purposes of training. 

. 

10.6 Land Clearing: Open burning of natural vegetation on land being developed 

for real estate development purposes may be conducted pursuant to HSC 

§41802 through §41805 and are subject to the following conditions: 

10.6.1 Prior to ignition of waste pursuant to a permit issued in accordance 

with this Rule, the permittee shall give notice of intent to ignite by 

contacting the DISTRICT and must receive verbal authorization 

prior to burn; 

10.6.2 Before DISTRICT authorization shall be granted for the burning of 

wood waste from trees, vines, or bushes on property encompassing 

five (5) or more acres which is being developed for commercial or 

residential purposes, a DISTRICT inspection is required; and, 

10.6.3 The local fire protection agency having jurisdiction over the 

respective burn site must also provide authorization for burning. 

10.7 Right of Way, Levee, Reservoir, and Ditch Clearing: Right of Way, Levee, 

Reservoir, and Ditch Clearing may be conducted by a public entity or utility 

pursuant to HSC §41807 and are subject to the following conditions: 

10.7.1 Material growing in or on ditches, ditch banks and drainage areas 

may be burned in place without being cut, uprooted, or treated; 

10.7.2 Prior to ignition of waste pursuant to a permit issued in accordance 

with this Rule, the permittee shall give notice of intent to ignite by 

contacting the DISTRICT and must receive verbal authorization 

prior to burn; and, 

10.7.3 The local fire protection agency having jurisdiction over the 

respective burn site must also provide authorization for burning. 
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10.8 Fire Hazard Reduction: Burning may be conducted at multi-unit dwellings, 

by commercial entities, and on residential lots equal to or greater than one (1) 

acre when done for the purpose of compliance with local fire hazard reduction 

ordinances. 

11 RESIDENTIAL BURNING

11.1 General Conditions: Residential burning is permitted under the authority of 

a permit issued by the designated fire protection agency when a fire agency 

permit is required. Such burning is also subject to the General Prohibitions 

described in Section 6 and General Burn Requirements, Conditions, and 

Practices described in Section 8 of this Rule as well as the following:

11.1.1 Residential burning shall only occur on declared permissive 

Residential Burn Days; 

11.1.2 Fire agency permits shall not be valid on Residential No-Burn Days. 

No person shall knowingly set or permit residential open burning on 

a Residential No-Burn Day;

11.2 Burn Hours: Residential burn hours are between 8:45 a.m. and one hour 

before sunset. No material shall be added to the fire after 3:00 p.m. Alternate 

burn hours may be set for SRAs under the jurisdiction of the California 

Department of Forestry and Fire Protection, the U.S. Forest Service or local 

municipality. 

11.2.1 When a fire agency burn permit is required, persons conducting 

residential burning shall comply with the burn hours established by 

the Fire Protection Agency having jurisdiction over the burn site;

11.2.2 All persons conducting residential burning shall contact the local 

fire protection agency for seasonal and specific burn hour 

requirements prior to burning.

11.3 Performance Standards: 

11.3.1 No person shall dispose of any material from any property by 

burning outdoors in a burn barrel or incinerator unless exempted by 

Section 93113, Title 17 of the CCR. 

11.3.2 To minimize smoke impacts to nearby occupied dwellings, open 

fires shall be located more than 25 feet from any occupied dwelling 

located on an adjacent parcel. 

11.3.3 The maximum pile size shall not exceed four (4) feet in diameter. 

11.3.4 To minimize accidental ignition of prohibited materials, all areas 

within ten (10) feet of the outer edge of the burn pile shall be 

maintained to be free and clear of all flamable material and 

vegetation. 

11.3.5 A responsible adult shall be in attendance with a shovel at all times 

until the fire is dead out. 

11.3.6 A water hose or other water source that can readily apply adequate 

amounts of water to all parts of the burn site must be available. 
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11.3.7 No burning shall be conducted unless site specific weather 

conditions (particularly wind) are such that the burning can be 

considered safe. 

11.3.8 The burning of Poison Oak is prohibited. 

11.4 Additional Requirements for the Magalia/Upper Ridge Area: During the 

months of January through June, residential burning shall only be authorized 

for those areas north of Wycliff Way/Perry Road from the 1st through the 15th

of each burn season month, and south of Wycliff Way/Perry Road from the 

16th through the last day of each burn season month. 

11.5 Additional Requirements for the Chico Sphere of Influence: Residential 

burning is prohibited on lots less than 0.90 acre in size in the unincorporated 

areas of Butte County which are within the Chico Sphere of Influence. 

12 SEVERABILITY: If any section, subsection, sentence, clause, phrase, or portion of 

this Rule is, for any reason, held invalid, unconstitutional, or unenforceable by any 

court of competent jurisdiction, such portion shall be deemed as a separate, distinct, 

and independent provision, and such holding shall not affect the validity of the 

remaining portions thereof.