Bay Area Air Quality Management District July 9, 2008 

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REGULATION 5 

OPEN BURNING 

INDEX 

5-100 GENERAL 

5-101 Description 

5-110 Exemptions 

5-111 Conditional Exemptions 

5-112 Limited Exemption, Recreational Fires 

5-200 DEFINITIONS 

5-201 Agricultural Fire 

5-202 Fire 

5-203 Flue 

5-204 Gainful Occupation 

5-205 Deleted December 19, 1990 

5-206 Permissive Burn Day 

5-207 Treated Brush 

5-208 Hazardous Material 

5-209 Public Fire Official 

5-210 Contraband 

5-211 Deleted March 6, 2002 

5-212 Stubble 

5-213 Prescribed Burning 

5-214 Backfiring 

5-215 Stripfiring 

5-216 'X' or Crossfiring 

5-217 Property 

5-218 APCO 

5-219 ARB 

5-220 District 

5-221 Forest 

5-222 Marshland 

5-223 Curtailment Period 

5-224 Recreational Fires 

5-300 STANDARDS 

5-301 Prohibition of Fires 

5-302 Mandatory Curtailment for Recreational Fires 

5-400 ADMINISTRATIVE REQUIREMENTS 

5-401 Allowable Fires 

5-402 Deleted November 2, 1994 

5-403 Agricultural Land Use 

5-404 Emergency Waivers 

5-405 Deleted March 6, 2002 

5-406 Prior District Notification; Disease and Pest, Crop Replacement, Orchard Pruning 

and Attrition, Double Cropping Stubble, Forest Management, Flood Debris, Fire 

Training, Flood Control, Irrigation Ditches, Range Management, Hazardous Material, 

and Contraband 

5-407 Deleted November 2, 1994 

5-408 Wildland Vegetation Management Burn Requirements 

5-409 Filmmaking and Public Exhibition Burn Petitions 
Bay Area Air Quality Management District July 9, 2008 

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5-410 Marsh Management Burn Requirements 

5-500 MONITORING AND RECORDS

5-501 Open Burning Records 

5-600 MANUAL OF PROCEDURES 

5-601 Appraisal of Field Crop Fuel Moisture; The "Crackle" Test
Bay Area Air Quality Management District July 9, 2008 

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REGULATION 5 

OPEN BURNING 

5-100 GENERAL 

5-101 Description: This Regulation forbids open burning within the District with certain 

exceptions. 

(Amended November 2, 1994) 

5-110 Exemptions: The following fires are exempt from this Regulation: 

110.1 Fires set only for cooking of food for human beings. 

110.2 Fires burning as safety flares or for the combustion of waste gases. 

110.3 The use of flame cultivation when the burning is performed with LPG or 

natural gas-fired burners designed and used to kill seedling grass and weeds 

and the growth is such that the combustion will not continue without the 

burner. 

110.4 Fires set for the purposes of fire training using one gallon or less of 

flammable liquid per fire. 

(Amended 12/19/90; 11/2/94; 3/6/02; 7/9/08) 

5-111 Conditional Exemptions: The following special conditions must be met for fires 

allowed by subsections 5-401.1 through 401.17 unless specifically exempted, 

altered, or further restricted in that subsection, or unless otherwise waived in writing 

by the APCO prior to burning, and these conditions shall be complied with during any 

burning permitted under those subsections. In addition, a condition, requirement, or 

parameter stated in or imposed by a smoke management plan approved by the 

APCO may supersede any one of these conditions. 

111.1 No burning shall take place before 10:00 a.m. local time on any day. 

111.2 No additional materials or fuel shall be ignited, nor shall any material or fuels 

be added to any fire after two hours before sunset on any day. 

111.3 No material or fuel shall be ignited, nor shall any material or fuel be added to 

any fire when the wind velocity is less than five (5) miles per hour except for 

crossfiring, or when the wind direction at the site shall be such that the 

direction of smoke drift is toward a populated area in order to minimize local 

nuisances caused by smoke and particulate fallouts. 

111.4 Prior to ignition, all piled material shall have dried for a minimum of 60 days, 

and be managed to ensure that burning the material does not produce 

smoke after sunset on any day. 

111.5 All material to be burned shall be reasonably free of dirt or soil. 

111.6 Piled material shall be limited to a base area not to exceed 25 square yards 

and the height shall be at least 2/3 of the average width of the pile. 

111.7 Ignition material shall be limited to those listed by the State Director of 

Forestry, as follows: orchard torches; drip torches; pressurized diesel 

torches; propane or LPG torches; commercial petroleum gel materials, 

pressurized or solid (napalm or blivets); commercial safety fuses; 

commercial type ignition grenades, e.g. Fenner, etc.; fuses; commercial fuse 

lighters and matches. All fires shall be ignited so as to burn as rapidly as 

possible within conditions of safety and minimum pollution. 

111.8 Ignition shall be initiated at or near the top of the piled material. No 

additional material, except ignition material, shall be added to the fire. 

111.9 Tonnage, volume or acreage of material burned on any given day and/or at 

any specified site is subject to limitations set by the APCO, but may not 

exceed any limits set by the ARB. 

(Amended 12/19/90; 11/2/94;3/6/02) 

5-112 Limited Exemption, Recreational Fires: A fire set for recreational purposes is 

exempt from the requirements of Section 301. 

(Adopted July 9, 2008) 
Bay Area Air Quality Management District July 9, 2008 

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5-200 DEFINITIONS 

5-201 Agricultural Fire: A fire used for the purpose of initiating, continuing or maintaining 

agriculture as a gainful occupation. Fuels are limited to materials grown on the site 

and shall not include feed or fertilizer containers, finished or treated wood, plastic or 

rubber products, plumage, hides, fur, offal or fecal material or refuse from plant or 

animal processing other than from initial crop harvesting, pruning or attrition of fruit 

and nut trees, vines and cane crops. 

(Amended 11/2/94; 3/6/02) 

5-202 Fire: Any combustion of combustible materials of any type outdoors. 

(Amended July 9, 2008) 

5-203 Flue: Any duct or passages for air, gases, or the like, such as a stack or chimney. 

5-204 Gainful Occupation: Any occupation from which there is proof of gross profit or 

loss as evidenced by tax receipts, sales slips or other such documents. 

5-205 Deleted December 19, 1990

5-206 Permissive Burn Day: Any day that is so declared by the APCO when, in his 

opinion, air pollution caused by open burning will not adversely affect ambient air 

quality or downwind population. In declaring such permissive burn days, the 

meteorological criteria established by the ARB for the San Francisco Bay Area Air 

Basin shall be used as a guideline. 

(Amended November 2, 1994) 

5-207 Treated Brush: Material which has been felled, crushed or uprooted with 

mechanical equipment, or has been desiccated with herbicide. 

5-208 Hazardous Material: For purposes of this Regulation, any combustible or 

flammable material which may pose a fire or explosion hazard including but not 

limited to, natural vegetation or other native growth cleared away to create or 

maintain a firebreak around any building or structure on a property as required to 

comply with Section 4291 of the State Public Resources Code to reduce the risk of a 

wildfire. 

(Adopted 3/17/82; Amended 12/19/90; 11/2/94; 3/6/02) 

5-209 Public Fire Official: An officer of a public agency charged with the responsibilities 

of setting or allowing fires. Public fire official includes but is not limited to, local, 

state, and federal officers. 

(Adopted December 19, 1990) 

5-210 Contraband: Any illegal or prohibited good that has been confiscated by a public 

law enforcement agency, including but not limited to explosives, pyrotechnics and 

illegal drugs. 

(Adopted 12/19/90; Amended 11/2/94) 

5-211 Deleted March 6, 2002 

5-212 Stubble: The remaining stalk, stem, or trunk of a herbaceous plant or cereal grass 

(primarily oats, wheat and hay) after harvest of a field crop. 

(Adopted November 2, 1994) 

5-213 Prescribed Burning: The planned, controlled application of fire to vegetation to 

achieve a specific natural resource management objective(s) on land areas selected 

in advance of that application. The fire is conducted within the limits of a plan and 

prescription that describes both the acceptable range of weather, moisture, fuel, and 

fire behavior parameters to achieve the desired effects. For the purposes of this 

regulation, prescribed burning also means any Forest Management fire, Range 

Management fire, Hazardous Material fire not related to Public Resources Code 

Section 4291, or any Crop Replacement fire for the purpose of establishing an 

agricultural crop on previously uncultivated land, that is expected to exceed 10 acres 

in size or burn piled vegetation cleared or generated from more than 10 acres of 

land. These specific fire types shall be regulated as Wildland Vegetation 

Management fires and subjected to all of the requirements applicable to subsection 

5-401.15. In addition, prescribed burning includes any naturally-ignited wildland fire 

managed for resource benefits that is subject to the applicable requirements in 

Section 5-408. 

(Adopted 11/2/94; Amended 3/6/02) 
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5-214 Backfiring: A field crop burn ignition technique where the fire is ignited at the 

downwind side of the burn area, so that the fire must burn into the wind towards the 

fuel source. 

(Adopted November 2, 1994) 

5-215 Stripfiring: A field crop burn ignition technique where the fire is ignited in parallel 

strips by walking straight through the burn area into the wind. 

(Adopted November 2, 1994) 

5-216 'X' or Crossfiring: A field crop burn ignition technique where the fire is ignited in two 

semi-circle arch patterns that almost intersect in the middle of the burn area. The 

first fire is lit by walking into the wind from the downwind side. The second fire is lit 

by walking with the wind from the headwind side of the field. This technique is used 

during light (less than five miles per hour) and variable winds only. 

(Adopted November 2, 1994) 

5-217 Property: A single parcel of real property, as determined by the County Assessor. 

The term also includes contiguous parcels under the same ownership. 

(Adopted November 2, 1994) 

5-218 APCO: The Air Pollution Control Officer of the Bay Area Air Quality Management 

District or the designee thereof. 

(Adopted November 2, 1994) 

5-219 ARB: The Air Resources Board of the State of California. 

(Adopted November 2, 1994) 

5-220 District: The Bay Area Air Quality Management District. 

(Adopted November 2, 1994) 

5-221 Forest: A vegetation type or plant community covering a tract of land, which is 

named and described as a series, habitat or unique stand according to the California 

Native Plant Society (CNPS) classification system set forth in the most current edition 

of A Manual of California Vegetation published by CNPS, and dominated by trees 

growing more or less closely together. For the purposes of this regulation, the 

dominant vegetation form must be described as a broadleaf deciduous, broadleaf 

evergreen, conifer, or mixed broadleaf-conifer forest. Forest does not include 

chaparral, scrub and grassland communities, or the eucalyptus series, as these 

vegetation types are described in the CNPS classification system. 

(Adopted March 6, 2002) 

5-222 Marshland: A type of wetland ecosystem periodically or permanently inundated to a 

depth of up to 2 meters (6.6 feet) that supports a cover of low or tall emergent 

vegetation. Habitats within these water-land areas include diked, seasonally 

managed wetlands, unmanaged tidal wetlands, open bays, sloughs, and associated 

upland grasslands. 

(Adopted March 6, 2002) 

5-223 Curtailment Period: Any period so declared to the public by the APCO when 

negative impact upon public health is anticipated, as defined in Regulation 6-3-203. 

(Adopted July 9, 2008)

5-224 Recreational Fires: A fire used for social, cultural or other activities including, but 

not limited to, campfires, bonfires, ceremonial fires, handwarming fires, raku or pit 

pottery curing fires, or fires conducted as part of an unusual event such as fire 

walking provided only clean dry wood and fire starter is used, and the activity is not 

part of a business for gainful occupation. 

(Adopted July 9, 2008)

5-300 STANDARDS 

5-301 Prohibition of Fires: Except as provided in this regulation: 

301.1 A person shall not ignite, cause to be ignited, permit to be ignited, or suffer, 

allow, or maintain any fires within the District. 

301.2 No burning shall take place within the District on other than a permissive 

burn day, or in excess of any acreage burning allocation or limitation. 

301.3 A person shall not violate any condition, requirement, or parameter stated in 

or imposed by a smoke management plan approved by the APCO, or any 

special condition or administrative requirement in this regulation. 

(Amended 11//94; 3/6/02) 
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5-302 Mandatory Curtailment for Recreational Fires: No person shall ignite, cause to be 

ignited, permit to be ignited, or suffer, allow, or maintain any recreational fires during 

curtailment periods. 

(Adopted July 9, 2008)

5-400 ADMINISTRATIVE REQUIREMENTS 

5-401 Allowable Fires: The following fires may be allowed on permissive burn days: 

401.1 Disease and Pest: Agricultural fires set for the purpose of disease and pest 

prevention. The fire must be set or allowed by the Agricultural Commissioner 

of the County in the performance of official duty. Prior reporting pursuant to 

Section 5-406 must be made to the APCO, by the person setting the fire. 

(Amended 12/19/90; 11/2/94; 3/6/02) 

401.2 Crop Replacement: Agricultural fires set for the purpose of establishing an 

agricultural crop in a location that formerly contained another type of 

agricultural crop or on previously uncultivated land. The fire must be set or 

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

official duty, and must be necessary for the crop replacement to proceed. 

Fires are limited to a period beginning October 1 and ending April 30; 

however, upon the determination of the APCO that heavy winter rainfall has 

prevented such burning, the burn period may be extended to no later than 

June 30. Prior reporting pursuant to Section 5-406 must be made to the 

APCO by the person setting the fire. 

(Amended 12/19/90; 11/2/94; 3/6/02) 

401.3 Orchard Pruning and Attrition: Agricultural fires set for the purpose of 

disposal of periodic prunings and attrition losses from fruit trees, nut trees, 

vineyards and cane fruits. Fires must be set or allowed by the public fire 

official having jurisdiction, in the performance of official duty, and must be 

necessary to maintain and continue the growing of the fruit trees, vineyards 

and cane fruits as a gainful occupation. Fires are limited to a period 

beginning November 1 and ending April 30; however, upon the determination 

of the APCO that heavy winter rainfall has prevented such burning, the burn 

period may be extended to no later than June 30. When pruning is 

performed between February 15 and April 30 for integrated pest 

management purposes, the following minimum drying time periods shall 

apply: trees and branches over six inches in diameter: 30 days; for grape 

vines and branches less than or equal to six inches in diameter: 15 days. 

Prior reporting pursuant to Section 5-406 must be made to the APCO by the 

person setting the fire. 

(Amended 3/15/81; 12/19/90; 11/2/94; 3/6/02) 

401.4 Double Cropping Stubble: Agricultural fires set for the purpose of disposal of 

grain stubble from agricultural land from which both grain and vegetable 

crops are harvested during the same calendar year. Fires must be set or 

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

official duty, and must be necessary to remove the grain stubble and straw 

before a field vegetable crop can be planted. All material to be burned shall 

be free of visible surface moisture. No fires shall take place before 10:00 

a.m. local time on any day. Fires are limited to a period beginning June 1 

and ending August 31. Prior reporting pursuant to Section 5-406 must be 

made to the APCO by the person setting the fire. 

(Amended 12/19/90; 11/2/94; 3/6/02) 

401.5 Stubble: Agricultural fires set for the purpose of disposal of stubble and 

straw. Fires must be set or allowed by a public fire official having jurisdiction, 

in the performance of official duty, and must be necessary to maintain and 

continue the growing of field crops as a gainful occupation. Fire ignition 

techniques shall be limited to backfiring, stripfiring, and 'X' or crossfiring 

unless an alternate technique is approved by the APCO in writing where a 

specific field condition is determined not to lend itself to these techniques in a 

given year. All material to be burned shall be free of visible surface moisture. 
Bay Area Air Quality Management District July 9, 2008 

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After 0.15 inches or more rainfall, the material must pass the "crackle" test 

pursuant to Section 5-601 prior to burning. No fires shall take place before 

10:00 a.m. local time on any day. Fires are limited to a period beginning 

September 1 and ending December 31. Outside of Sonoma County, no 

more than 100 acres of any property shall be burned in a single day. Within 

Sonoma County, no person shall conduct a burn without receiving an 

acreage burning allocation from the APCO and no more than 500 acres total 

of all properties shall be burned in a single day. In addition, no more than 

100 acres of any property shall be burned in a single day. If by 12:00 p.m. 

local time the daily 500-acre burn acreage limitation has not been allocated, 

up to 200 acres of any property may be burned in a single day provided: 

a. the additional acreage burning allocation has been approved verbally 

by the APCO; and 

b. no more than two fields exceeding 100 acres total are burned 

simultaneously on the same property. 

(Amended 12/19/90; 11/2/94; 3/6/02) 

401.6 Hazardous Material: Any fires set for the purpose of the prevention or 

reduction of a fire hazard, including the disposal of dangerous materials. 

The fire must be set or allowed by any public fire official having jurisdiction, in 

the performance of official duty. The fire must, in the opinion of such officer, 

be necessary, and the fire hazard not able to be abated by any other means. 

However, these fires may also be conducted to dispose of materials 

generated to comply with an order or notice issued by an fire official pursuant 

to Section 4291 of the State Public Resources Code provided all of the 

following conditions are satisfied: 

a. only natural vegetation or other native growth may be burned; 

b. the amount of material to be burned shall be greater than 5 cubic yards 

cleared annually from a single property; 

c. the material is burned where it was grown without being moved to a 

different location unless approved by the APCO; 

d. the material is inaccessible for removal by vehicle and available 

alternatives to burning such as shredding, chipping, composting, 

disking, plowing, and harrowing are not feasible; and 

e. the material, if ignited accidentally, would result in a fire of such 

magnitude as to immediately threaten life or adjacent improved 

property or resources and require an excessive fire suppression effort. 

 No fires involving piled material shall be ignited or take place before 9:30 

a.m. local time on any day. Prior reporting pursuant to Section 5-406 must 

be made to the APCO by the person setting the fire. 

(Amended 12/19/90; 11/2/94; 3/6/02) 

401.7 Fire Training: Fires set for the exclusive purpose of instruction of either 

public or industrial employees in fire fighting methods. The fire must be set 

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

official duty, and must be, in his opinion, necessary. Notwithstanding 

contrary provisions of Section 5-111, a fire fighting agency may set one fire 

per quarter calendar year for the purpose of training volunteer or seasonal 

fire fighters. This may be done on other than a permissive burn day if the 

APCO is notified in writing or facsimile at least two weeks in advance. Fires 

may be conducted outside of the burn hour limits in subsections 5-111.1 and 

111.2 if the APCO is notified in writing or facsimile at least seven calendar 

days in advance. Prior reporting pursuant to Section 5-406 must also be 

made to the APCO for other fire training by the person setting the fire. 

(Amended 12/19/90; 11/2/94; 3/6/02) 

401.8 Flood Debris: Agricultural fires set for the purpose of removing wood and 

vegetation debris deposited by floodwaters. The fire must be set or allowed 

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

duty, and must be necessary for the continuing or maintaining of agriculture 

as a gainful occupation. Fires are limited to a period beginning October 1 
Bay Area Air Quality Management District July 9, 2008 

 5-8 

and ending May 31. Prior reporting pursuant to Section 5-406 must be made 

to the APCO by the person setting the fire. 

(Amended 12/19/90; 11/2/94; 3/6/02) 

401.9 Irrigation Ditches: Agricultural fires set for the purpose of controlling growth 

of vegetation in irrigation ditches and canals. The fire must be set or allowed 

by a public fire official having jurisdiction, in the performance of official duty, 

and must, in the opinion of such officer, be necessary to avoid interference 

with water flow or drainage into irrigated land. Prior reporting pursuant to 

Section 5-406 must be made to the APCO by the person setting the fire. 

(Amended 12/19/90; 11/2/94; 3/6/02) 

401.10 Flood Control: Fires set for the purpose of disposal of material which is lying 

or growing within natural channels or flood control channels. The fire must 

be set or allowed by a public official in charge of flood control activities. The 

fire must, in the opinion of such official, be a necessary incident to the 

clearing and maintenance of water courses and flood control channels for 

preventing or eliminating a flood hazard. Prior reporting pursuant to Section 

5-406 must be made to the APCO by the person setting the fire. 

(Amended 12/19/90; 11/2/94) 

401.11 Range Management: Fires set for the purpose of range management and 

grazing. The fire must be set or allowed by the State Director of Forestry, or 

public fire official having jurisdiction, in the performance of official duty, and 

must be necessary to maintain and continue the grazing of animals as a 

gainful occupation. Brush to be burned shall be treated at least six months 

prior to burn if determined to be technically feasible by the State Director of 

Forestry or public fire official. Unwanted trees over 6 inches in diameter shall 

be felled prior to burn and dried for a minimum of six months. Feasibility 

shall be subject to the approval of the APCO. Subsections 5-111.1 and 5-

111.6 may be waived by the State Director of Forestry or fire official when 

determined necessary in the public interest. Fires are limited to a period 

beginning July 1 and ending April 30. Prior reporting pursuant to Section 5-

406 must be made to the APCO by the person setting the fire. 

(Amended 12/19/90; 11/2/94; 3/6/02) 

401.12 Forest Management: Fires set for the purpose of removing forest debris and 

for forest management. The fire must be set or allowed by a public fire 

official having jurisdiction, in the performance of official duty, and must, in his 

opinion, be necessary. Subsections 5-111.1 and 5-111.6 may be waived by 

the fire official when deemed necessary in the public interest. All materials 

shall be piled or windrowed unless deemed poor practice by the fire official. 

Fires are limited to a period beginning November 1 and ending April 30. 

Prior reporting pursuant to Section 5-406 must be made to the APCO by the 

person setting the fire. 

(Amended 12/19/90; 11/2/94; 3/6/02) 

401.13 Marsh Management: Fires set for the purpose of improvement of marshland 

for wildlife habitat. The fire must be declared necessary by the California 

Department of Fish and Game. No such fire may be allowed on a given 

piece of land more than once in any 2 year period. The California 

Department of Fish and Game shall provide the APCO such information as 

may be deemed necessary by the APCO to verify the necessity of each burn 

and land area burning frequencies. Any person seeking to set fires under 

this provision shall also comply with the requirements of Section 5-410 and 

receive written APCO approval of the smoke management plan prior to any 

burn. No fires shall take place before 10:00 a.m. or after 3:00 p.m. local 

time, nor shall any existing burning be allowed to continue after 3:00 p.m. 

local time on any day. Fires are limited to a Spring burning period beginning 

February 1 and ending March 31, and a Fall burning period beginning 

September 1 and ending October 15; however, upon the determination of the 

APCO in consultation with the California Department of Fish and Game and 

the Solano County Mosquito Abatement District, that heavy winter rainfall 

has prevented such burning, the burn period beginning February 1 and 

ending March 31 may be extended to no later than June 30. Outside of the 
Bay Area Air Quality Management District July 9, 2008 

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Suisun Resource Conservation District (SRCD), no person shall conduct a 

burn without receiving an acreage burning allocation from the APCO and no 

more than 100 acres of any property shall be burned in a single day. For 

fires conducted within the boundaries of the SRCD: 

a. no person shall conduct a burn without receiving an acreage burning 

allocation from the APCO; 

b. total daily acreage to be burned shall be determined by the APCO, but 

in no case shall the total acreage burning allocation exceed 300 

acres/day during the Fall burning period and 600 acres/day during the 

Spring burning period. In addition, no more than 100 acres of any 

property and no more than 100 acres of all properties designated by 

the same SRCD hundred-series ownerships shall be burned in a single 

day during the Fall or Spring burning period. 

(Amended 3/15/81; 5/20/81; 8/3/83; 11/2/94; 3/6/02) 

401.14 Contraband: Fires set for the purpose of disposing of contraband. The fire 

must be set or allowed by any peace officer or public fire official, in the 

performance of official duty. The fire must, in the opinion of such officer, 

be necessary and the material not be able to be disposed of by any other 

means. Prior reporting must be made to the APCO by the person setting 

the fire pursuant to Section 5-406. 

(Adopted 12/19/90; Amended 11/2/94) 

401.15 Wildland Vegetation Management: Prescribed burning by a state or 

federal agency, or through a cooperative agreement or contract involving 

the state or federal agency, conducted on land predominately covered with 

chaparral, trees, grass, coastal scrub, or standing brush. Any person 

seeking to set fires under this provision shall comply with the requirements 

of Section 5-408 and receive written approval of the smoke management 

plan by the APCO prior to any burn. Until June 1, 2002, this fire may be 

conducted on other than a permissive burn day, as defined in Section 5-

206, if approved by the APCO pursuant to subsection 5-408.2. Effective 

June 1, 2002, fires may not be conducted on other than a permissive burn 

day. 

(Adopted November 2, 1994) 

401.16 Filmmaking: Fires set as part of commercial film or video production 

activities for motion pictures and television. The fire shall be set or allowed 

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

duty. Any person seeking to set fires under this provision shall comply with 

the requirements of Section 5-409 and receive APCO approval in writing at 

least 10 working days prior to the burn. This fire may be done on other 

than a permissive burn day, as defined in Section 5-206, if approved by the 

APCO pursuant to subsection 5-409.2. 

(Adopted November 2, 1994) 

401.17 Public Exhibition: Fires set as part of a planned civic event designed to 

educate or otherwise benefit the public. The fire shall be set or allowed by 

the public fire official having jurisdiction, in the performance of official duty. 

Any person seeking to set fires under this provision shall comply with the 

requirements of Section 5-409 and receive APCO approval in writing at 

least 10-working days prior to the burn. This fire may be conducted on 

other than a permissive burn day, as defined in Section 5-206, if approved 

by the APCO pursuant to subsection 5-409.2. 

(Adopted 11/2/94; Amended 3/6/02) 

5-402 Deleted November 2, 1994 

5-403 Agricultural Land Use: Debris from land clearing shall not qualify under 

subsections 5-401.1, 5-401.2, 5-401.3, 5-401.4 or 5-401.5 unless applicant certifies, 

under penalty of perjury, that said land is to remain in agricultural use for a gainful 

occupation for a period of one year subsequent to the burning, and that applicant has 

not caused or contributed to the need for the burning of the material for any reason 

other than the promotion of agricultural use of the land for a gainful occupation. 

However, the County Agricultural Commissioner may waive this Section by certifying 

that burning of the material under subsection 5-401.1 is, in his opinion, the only safe 
Bay Area Air Quality Management District July 9, 2008 

 5-10 

method of disposal. Failure to comply with the conditions of this Section shall be 

considered a violation of this Regulation. Each pile burned in violation shall be cited 

as a separate offense. 

(Amended 11/2/94; 3/6/02) 

5-404 Emergency Waivers: A public officer authorized under subsections 5-401.1, 5-

401.6 and 5-401.10 to grant permission for open burning may grant waivers from 

subsections 5-111.1 through 5-111.9 when, in his judgment, such emergency or 

summary action is necessary for the public safety. When such action is taken, the 

authorizing authority shall certify the following in a written report submitted to the 

APCO within 10 calendar days following the completion of burning: a description and 

quantity of the material burned and an explanation of the reasons for granting the 

permission. 

(Amended 11/2/94; 3/6/02) 

5-405 Deleted March 6, 2002

5-406 Prior District Notification; Disease and Pest, Crop Replacement, Orchard 

Pruning and Attrition, Double Cropping Stubble, Forest Management, Flood 

Debris, Fire Training, Flood Control, Irrigation Ditches, Range Management, 

Hazardous Material, and Contraband: The person setting the fire shall provide 

electronic, typewritten, legibly handwritten, or computer printed notification to the 

District prior to the burn on a District-approved form or facsimile thereof. If 

notification is submitted by mail, the document must be postmarked at least 5 

calendar days prior to the burn. The notification form must be completely filled out 

with accurate information to satisfy this requirement. For structural fire training, 

written notification shall also be made to the APCO at least 10 working days prior to 

the burn pursuant to the requirements of Regulation 11-2-401.3 (Asbestos 

Demolition, Renovation and Manufacturing). 

(Adopted 12/19/90; Amended 11/2/94; 3/6/02) 

5-407 Deleted November 2, 1994 

5-408 Wildland Vegetation Management Burn Requirements: Any person who seeks to 

conduct or conducts prescribed burning pursuant to subsection 5-401.15 shall 

comply with the following requirements: 

408.1 Submit a smoke management plan to the APCO for review at least 30 

calendar days prior to the proposed burning that is consistent with the most 

current USEPA guidance on wildland and prescribed fires (Interim Air Quality 

Policy on Wildland and Prescribed Fires, USEPA 1998, or any subsequent 

document that supersedes this document), and provides the following 

information: 

a. location and specific objectives of each proposed burn; 

b. acreage, tonnage, type, and arrangement of vegetation to be burned; 

c. directions and distances to nearby sensitive receptor areas; 

d. fuel condition, combustion and meteorological prescription elements 

for the project; 

e. projected burn schedule and expected duration of project ignition, 

combustion, and burn down (hours or days); 

f. specifications for monitoring and of verifying critical parameters 

including meteorological conditions and smoke behavior before and 

during the burn; 

g. specifications for disseminating project information to public; 

h. contingency actions that will be taken during the burn to reduce 

exposure if smoke intrusions impact any sensitive receptor area; 

i. certification by a qualified professional resource ecologist, biologist, or 

forester that the proposed burning is necessary to achieve the specific 

management objective(s) of the plan; 

j. a copy of the environmental impact analysis prepared for the plan that 

includes an evaluation of alternatives to burning, if such an analysis 

was required by state or federal law or statute; 

k. project fuel loading estimate (tons vegetation/acre) by vegetation 

type(s) and a description of the calculation method; and 
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l. particulate matter emissions estimate including referenced emission 

factor(s) and a description of the calculation method used. 

408.2 Until June 1, 2002, permission to burn on other than a permissive burn day 

shall be governed by the 48-hour forecast issued by the APCO. Effective 

June 1, 2002, permission to burn shall be governed by the acreage burning 

allocation issued by the APCO. 

408.3 Until June 1, 2002, prior to ignition, notify the APCO on the day of each burn. 

Effective June 1, 2002, receive an acreage burning allocation from the APCO 

prior to ignition. 

408.4 For each day on which burning occurs, report the total acreage and tonnage 

of vegetation actually burned to the APCO by telephone no later than 12:00 

p.m. local time the following day. 

408.5 Within 30 calendar days following completion of the burn project, provide a 

written post-burn evaluation to the APCO that addresses whether the project 

objectives were met and describes actual smoke behavior. 

Effective June 1, 2002, any fire official seeking to conduct prescribed burning in a 

geographical area considered for a potential naturally-ignited wildland fire managed 

for resource benefits that is expected to exceed 10 acres in size shall annually 

register each burn project in writing with the APCO by December 31 each year, with 

updates as they occur. Once a decision is made to manage the fire for resource 

benefits, the fire official shall provide a smoke management plan for the burn project 

to the APCO, upon request. 

(Adopted 11/2/94; Amended 3/6/02) 

5-409 Filmmaking and Public Exhibition Burn Petitions: Any person seeking to conduct 

a fire pursuant to subsection 5-401.16 or 401.17 shall comply with the following 

requirements: 

409.1 Submit an open burning petition to the APCO that provides the following 

information, as applicable: 

a. date(s) and specific location(s) of each proposed burn; 

b. type and quantity (tonnage, acreage, or volume) of each material to be 

burned; 

c. the projected fuel use rate in BTU per hour, if known, calculated using 

the higher heating value of each fuel; and 

d. the burn duration. 

409.2 Permission to burn on other than a permissive burn day shall be subject to 

written approval of the open burning petition by the APCO. 

409.3 Prior to ignition, notify the APCO on the day of each burn. 

409.4 If the APCO grants written approval, such approval shall be available at the 

burn location for inspection by the APCO, upon request. 

(Adopted 11/2/94; Amended 3/6/02) 

5-410 Marsh Management Burn Requirements: Effective June 1, 2002, any person who 

seeks to conduct or conducts a fire pursuant to Subsection 5-401.13 shall: 

410.1 In order to receive an acreage burning allocation, at least 30 calendar days 

prior to the proposed burning, submit a smoke management plan to the 

APCO for review using a District-approved form; 

410.2 In securing the written necessity statement required by California Health and 

Safety Code Section 41861, submit to the California Department of Fish and 

Game (DFG) and the APCO information that (1) identifies the non-burning 

alternatives considered by the property owner(s) given the recommendations 

or needed improvements described in existing Individual Ownership 

Management Plans, updated Individual Ownership Adaptive Management 

Habitat Plans, Wildlife Management Plans or other resource management 

plans as applicable; and (2) explains why water management practices and 

non-burn vegetation management practices cannot currently achieve the 

management objective(s) of the proposed fire and the property. Where DFG 

is conducting a burn on state lands, this information shall be submitted by 

DFG to the APCO prior to the proposed burning; 

410.3 Prior to the proposed burning, submit the written statement required by 

Health and Safety Code Section 41861 to the APCO; 
Bay Area Air Quality Management District July 9, 2008 

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410.4 For each day on which burning occurs, report the total acreage of vegetation 

actually burned to the APCO by telephone no later than 12:00 p.m. local time 

the following day. 

(Adopted March 6, 2002) 

5-500 MONITORING AND RECORDS 

5-501 Open Burning Records: Effective June 1, 2002, any person subject to Section 5-

408 or 5-410 shall comply with the following requirements: 

501.1 The person who conducts the fire shall maintain records on a daily basis that 

document and verify the actual acreage burned. Such documentation shall 

include the following information: 

a. date and location of burn 

b. a description of the method(s) or technique(s) used to verify the actual 

acreage burned 

c. data collected that supports the burn acreage determination, and 

d. type of vegetation and acreage actually burned. 

501.2 Such records shall be retained for twelve months and made available to the 

APCO, upon request. 

(Adopted 12/19/90; Amended 11/2/94; 3/6/02) 

5-600 MANUAL OF PROCEDURES 

5-601 Appraisal of Field Crop Fuel Moisture; The "Crackle" Test: Any person who 

wants to conduct an evaluation of fuel moisture in field crop stubble or straw 

remaining after harvest pursuant to subsection 5-401.5 shall satisfy the following 

criteria prior to burning: 

601.1 Sampling: To ensure representative sampling, sample in accordance with 

the following requirements: 

a. obtain samples from several different areas of the field 

b. select some samples from underneath the straw mat including the 

bottom layer 

c. a handful of sample material is considered a sufficient size to test. 

601.2 Evaluation: The field is considered dry enough to burn, or passes the 

"crackle" test when: 

a. each sample is tested just prior to burning 

b. each sample tested makes an audible "crackle" when it is bent sharply. 

c. If the sample does not pass the test, then the area from which the 

sample was selected cannot be burned until such material is 

considered dry enough to burn. 

(Adopted November 2, 1994)