WHEREAS, California Health and Safety Code sections 40000, 40001, and 40702 

authorize the Feather River Air Quality Management District to adopt these proposed rules and 

regulations; and 

WHEREAS, a duly noticed public hearing was held on October 6, 2008 to consider 

amending Regulation II, Open Burning; 

WHEREAS, staff has prepared a written analysis of the proposed amendments, pursuant 

to Health and Safety Code section 4072 7 .2, and has maintained a record of the rulemaking 

proceeding pursuant to Health and Safety Code section 40728; and 

WHEREAS, there is no indication at this time that Regulation II, Rule 2.0 is written in 

such a manner that the persons affected by it could not easily understand it; and 

WHEREAS, the proposed Regulation II, Rule 2.0 is in harmony with, and not in conflict 

with or contradictory to, existing statutes, court decisions, or State or federal regulations and any 

duplication with existing state or federal regulations is necessary or proper to execute the powers 

and duties of the Feather River Air Quality Management District; and 

WHEREAS, the District Board has made the required findings of authority, necessity, 

clarity, consistency, non-duplication, and reference; 

NOW, THEREFORE, THE FOLLOWING FINDINGS HAVE BEEN MADE: 

A. California Health and Safety Code sections 40000, 40001, and 40702 are 

provisions of law that provide air districts with the authority to adopt these proposed rules and 

regulations. 

B. It has been demonstrated to the satisfaction of the Feather River Air Quality 

Management District Board that a need exists to amend Regulation II, as it is necessary to 

comply with state law and to ensure consistency with neighboring air districts. 

C. It has been demonstrated to the satisfaction of the Feather River Air Quality 

Management District Board that there is no indication at this time that Regulation II is written in 

such a manner that the persons affected by it could not easily understand it. -
F. This resolution and regulation contained herein were adopted after proceedings 

held in accordance with provisions of chapters 6 and 6.5 of part 3 of division 26 of the 

California Health and Safety Code (commencing with section 40700). 

G. District staff has prepared a written analysis of the proposed amendments of 

Regulation II, Open Burning, pursuant to Health and Safety Code section 40727.2, and has 

maintained a record of the rulemaking proceeding pursuant to Health and Safety Code section 

40728. 

H. The proposed amendments to Regulation II are categorically exempt under Class 

8 from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 

15061(b) (2) and 15308 because they are action taken by a regulatory agency to assure the 

maintenance, restoration, enhancement, or protection of the environment and application of the 

exemption is not barred by one of the exceptions set forth in the CEQA guidelines section 

15300.2. 

PASS ED AND ADOPTED by the Feather River Air Quality Management District at a 

meeting on October 6, 2008, by the following vote: 

AYES:Directors Griego, Schrader, Montna, Silva, Eortino, Selvidge, 

Pendergraph · 

NOES: None 

ABSENT:Directors Munger and Ramirez 

ABSTAIN: None ATTEST 

OF Z T BOARD * / · APPROVED FOR LEGAL FORM 

District Legal Advisor 
Exhibit. A 

District Regulation II, Rule 2.0 - Open Burning 
manager conducting, allowing, or using any open burning for the 

purpose of disposal within Yuba and Sutter Counties. 

B. 2 The provisions of this rule shall apply to any open burning 

including but not limited to: 

(a) agricultural burning 

(b) non-agricultural burning such as land use conversion for 

non agricultural purposes, fire prevention/suppression 

training, and disposal of Russian Thistle (Salsola kali or 

"tumbleweed") 

(c) disposal of infectious wastes, other than hospital wastes 

(d) disposal of contraband 

(e) residential burning 

8.3 The provisions of this rule shall not apply to open burning for the 

purposes of cooking food for human consumption or recreational fires providing that there are no prohibited materials as defined in 

Section E.15. 

C • SEVERABILITY 

C.1 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. 

D. EFFECTIVE DATE 

0.1 The provisions of this rule shall be effective on the date of 

adoption. 

E. DEFINITIONS 

E.1 Agricultural Burning means: 

(a) open outdoor fires used in agricultural operations in the 

growing of crops or raising of fowl or animals, including 

burning empty paper containers of agricultural chemicals, 

or open outdoor fires used in forest management, range 

improvement, or the improvement of land for wildlife and 

game habitat, or disease or pest prevention. 

(b) open outdoor fires used in the operation or maintenance of 

a system for the delivery of water for the purposes 

specified in subdivision (a). 

(c) open outdoor fires used in wildland vegetation management 

burning. Wildland vegetation management burning is the use 

of prescribed burning conducted by a public agency, or 

through a cooperative agreement or contract involving a 

Page 1 of 12 
flares, or other similar materials. This does not include waste 

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

materials. 

E.3 Burn Barrel means a container used to hold combustible or flammable 

waste materials so that they can be ignited outdoors for the purpose 

of disposal. 

E.4 District means the Feather River Air Quality Management District 

having jurisdiction over Yuba and Sutter Counties. 

E.S Fire Protection Agency means any agency with the responsibility and 

authority to protect people, property, and the environment from 

fire, and having jurisdiction within a district or region. 

E.6 Incinerator means any device constructed of nonflammable materials, 

including containers commonly known as burn barrels, for the purpose 

of burning therein trash, debris, and other flammable materials for 

volume reduction or destruction. 

E.7 

E.8 

E.9 

E . lO 

E.ll 

Land Manager means 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. 

No-Burn Day means any day, or portion thereof, designated by the Air 

Pollution Control Officer, the California Air Resources Board, or, a 

local, state or federal fire protection agency having jurisdiction 

over the burn location, as a day, or portion thereof, during which 

no fires may be ignited or no material may be added to an approved 

existing fire except as authorized in Section J.6. 

Non-Agricultural Burning, as regulated under the Cal,ifornia Health 

and Safety Code, means all open burning set pursuant to sections K 

and L of this rule including, but not limited to, fires set by a 

public officer or public entity, for commercial or residential 

property development, fires set at a solid waste disposal site, and 

for the disposal of Russian Thistle. 

Open Burning means combustion of any material of any type, outdoors 

in the open air, where the product of combustion is not directed 

through a flue. 

Orchard or Citrus Grove Heaters means any approved article, machine, 

or equipment, burning any approved type of fuel or material capable 

of emitting air contaminants, used for the purpose of giving 

Page 2 of 12 
E.14 

E.15 

E .16 

E.17 

E.18 

E. 19 

California Air Resources Board 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 of the California Code of Regulations. 

Person means 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. 

Prohibited Materials means any waste or manufactured material, 

including but not limited to petroleum products and petroleum 

wastes; construction and demolition wastes; lumber; tar paper; 

roofing material; wiring; flooring material; insulation; plywood; 

coated wire; putrescible wastes; tires; tar; wood waste; processed 

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; 

disposable diapers; ashes; glass; industrial wastes; equipment; 

appliances; furniture; instruments; utensils; mattresses; shoes; 

cloth; rags; paper and paper products; cardboard; boxes; crates; 

excelsior; offal; swill; carcass of any dead animal; manure; human 

or animal parts or wastes, including blood and fecal matter or 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. 

Pruning Only Burn Day in accordance with the Sacramento Va lley Smoke 

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

the California Air Resources Board or the District as a day, or 

portion thereof, during which small fires for the purpose of 

disposing orchard prunings may be ignited. 

Range Improvement Burning means 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. 

Residential means of or pertaining to dwellings occupied by one or 

two families. 

Restricted field days in accordance with the Sacramento Valley Smoke 

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

the California Air Resources Board or the District, as a day, or 

portion thereof, during which small amounts of ditches, field 

Page 3 of 12 
E.22 

roads, power lines, and widely scattered structures. Such land is 

not -cultivated (i.e., the soil is disturbed less frequently than 

once in 10 years), is not fallow, and is not in the United States 

Department of Agriculture (USDA) 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. 

(a) For CDF territory only, Wildland as specified in 

California Public Resources Code (PRC) section 4464(a) 

means any land that is classified as a state 

responsibility area pursuant to Article 3 (commencing with 

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 . 

(b) Wildland also means any lands that are contiguous to lands 

classified as a state responsibility area if wildland fuel 

accumulation is such that a wildland fire occurring on 

these lands would pose a threat to the adjacent state 

responsibility area. 

Wildland Vegetation Management Burning is 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. 

F. GENERAL PROHIBITIONS 

F.l Except as provided in these Rules and Regulations, no person or land 

manager shall conduct, allow, or use open fires for the purpose of 

disposal of any waste or other material. 

F.2 In accordance with Health & Safety Code section 41700, no person 

shall discharge from any source air contaminants which cause injury, 

detriment, nuisance, or annoyance to any considerable number of 

persons or to the public, or which endanger the comfort, repose, 

health, or safety of any such persons or the public , or which cause, 

or have a tendency to cause injury or damage to business or 

property. 

(a) This section shall not apply to odors emanating from 

agricultural operations necessary for the growing of crops 

or· the raising of fowl or ·animals . 

F.3 Any open burning that is in violation of these Rules and Regulations 

is subject to being put out by any fire control agency when so 

ordered by the APCO. The cost of putting out the fire may be 

Page 4 of 12 
G.1 Agricultural Burning: Burning for the disposal of agricultural waste 

authorized pursuant to Section J "Agricultural Burning". 

G.2 Public Officer: Burning operations conducted by or permitted by any 

public officer authorized pursuant to section K.1 "Public Officer". 

G.3 Industrial Training: Burning operations on property used for 

industrial purposes for the purposes of instruction of employees in 

methods of fire fighting pursuant to Section K.2 "Industrial Site 

Fire Training". 

G.4 Right-of-Way Clearing: Burning by a public entity or utility for 

right-of-way clearing or o ther property access, or for levee, 

reservoir, ditch or drainage maintenance authorized pursuant to 

Section K. S "Right of Way, Levee, Reservoir, and Ditch Clearing". 

G.S Residential Burning: Burning for the disposal of vegetative material 

waste authorized pursuant to Section L "Residential Burning''. 

G.6 Backfires: Burning operations conducted following Section 4426 of 

the Public Resources Code as· backfires necessary to save life or 

valuable property. 

G.7 Recreational: Open outdoor fires used for cooking food for human 

consumption or for recreational purposes providing the fire does not 

contain prohibited materials as defined in section E.13 "Prohibited 

Materials". 

G.8 Pesticide Application: Open burning for the purposes of creating a 

smoke column during pesti c ide applications as required by sec tion 

6464 (a) of the California Code of Regulations. 

(a) Section 41701 o f the Health & Safety Code shall not apply 

to smoke generated for this purpose. 

G.9 Animal Husbandry: Fires used in heating branding irons as necessary 

in animal husbandry practices providing the fire does not contain 

prohibited materials as defined in section E.15 "Prohibited 

Materials". 

G.10 Frost Protection for Orchards and Citrus Groves: Heaters are 

authorized under California Health & Safety Code Section 41860 when 

used for preventing frost damage in orchards and citrus groves. The follo wi ~g applies to heaters i~ orchards and citrus gr6ves to 

prev ent frost damage. 

(a) No new orchard or citrus grove heater shall be sold for 

use against frost damage unless the California Air 

Resources Board has approved it and finds it produces no 

Page 5 of 12 
H.1 Permit Required: No person shall ignite any open fire, conduct, 

perform or participate in any open burning activity, or allow the 

open burning activity on any property under the person's possession 

without first obtaining a valid burn permit issued by the APCO and 

follows the conditions specified oti the permit and these rules and 

regulations. 

(a) Each applicant for a burn permit shall provide such 

information as is required by the District or the 

designated fire protection agency for fire protection 

purposes. 

(b) Fees for permitting shall be recovered in accordance with 

District Regulation VII. 

H.2 Exemptions to Permit Requirements. The following are exempt from a 

District permit until proper public notice to remove the exemption 

is filed. Other permitting requirements from the fire protection 

services may be required . 

(a) Open outdoor fires used for cooking food for human 

consumption or for recreational purposes. 

(b) Open burning of vegetation at one- or two-family 

residences on parcels less than two acres in size, 

provided that the requirements of section L "Residential 

Burning" and the requirements of fire protection services 

are both met. 

I. GENERAL BURN REQUIREMENTS, CONDITIONS AND PRACTICES 

I.l Compliance: No person shall ignite any open fire, conduct, perform 

or participate in any open burning activity, or, allow the open 

burning activity on any property under the person or land manager's 

responsibility, in violation of any State law, Statute, District 

Rule or Regulation, or burn permit issued by the APCO pursuant to 

these Rules and Regulations. Any open burning which is not in full 

and complete compliance with the provisions of these Rules and 

Regulations is in violation of these Rules and Regulations. 

I.2 Fire Control: All fires shall be reasonably controlled and contained 

so that the fire does not escape. 

I.3 Suspension of Burning Privilege: The APCO may suspend all burn 

privileges for any person or location for any violation of this 

rule. 

I.4 Fire Protection Agencies: Local fire-protection agencies may have 

additional burning requirements for fire safety. Nothing in these 

Page 6 of 12 
ignition or burning shall be: 

(1) Forty-five (45) days for trees and large branches 6" in 

diameter or greater. 

(2) Thirty (30) days for prunings and small branches 3" to 

less than 6" diameter. 

(3) Fifteen (15) days for fine prunings 0" to less than 3" 

diameter. 

(b) All burnable waste 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. 

(c) Tree stumps shall not be burned in place. 

I.7 Prohibited Materials: All open fires shall be free of prohibited 

materials as ~pecified in section E.15 "Prohibited Materials". 

I.8 Designated Burn Hours: Only that amount of waste that can reasonably 

be expected to completely burn within the burn hours shall be 

ignited on any one (l) day. 

(a) 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 after approval from the APCO. 

I.9 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. 

I.lO 

I.ll 

Burning of Vines or Bushes Treated with Herbicides: Vines or bushes 

may be burned in place without being cut or uprooted if they are 

treated and desiccated with herbicides and allowed to dry completely 

prior to ignition or burning. 

Transportation of Burnable Materials: All vegetative material to be 

burned pursuant to this rule shall be burned on the property where 

the material was grown. No material may be transported to another 

location to be burned. 

J. AGRICULTURAL BURNING 

J . l Burn Hours: A person shall not commence any open burning before or 

after the burn hours~ 

(a) The ARB is authorized to restrict or relax the burn hours 

due to air quality factors. Any restricted hours are 

enforceable for the day they are in effect . 

Page 7 of 12 
J.2 Burn Acres: no fire shall be lit that may cause an exceedance of the 

Districts Daily Burn allocation as specified in the Sacramento 

Valley Air Basin Smoke Management Program. 

J.3 Prohibited Materials: Agricultural open fires shall be free of 

prohibited materials as specified in Section E.l5, "Prohibited 

Materials". 

J.4 Paper Containers of Agricultural Chemicals: The open burning of 

paper containers of agricultural chemicals must be conducted in 

accordance with California Environmental Protection Agency'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 an agricultural 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 day's accumulation of 

empty bags can be burned in any one day. Only paper bags, inner 

bags, and paper outer containers may be burned. The ash does not 

need to be tested. 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. The person burning the 

bags and anyone working in close proximity must wear eye protection 

and respiratory protective equipment rated for protection against 

the particular type of pesticide material being burned, as well as 

airborne particulates. 

J . 5 Field Crop Burn Limitation: No crop acreage which was harvested 

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

through November 15 of each year unless written authority is given 

by the District. 

J.6 Permit Invalidation on No-Burn Days: A burning permit shall not be 

valid on a No-Burn Da y and a person shall not set or permit burning 

on a No-Burn Day. 

(a) If a permissible burn day is subsequently changed to a NoBurn day, any previously approved fire ignited during the 

permissible portion of the day may continue to burn 

providing that no additional material is added. 

(b) Notwithstanding any other prov ision of this Regulation, 

the APCO may authorize burning on days designated by the 

State Air Resources Board as No-Burn Days when denial of 

such authorization would threaten imminent and substantial 

economic loss or would cause a public health hazard. 

Page 8 of 12 
have caused imminent and substantial economic loss or a 

public health hazard . 

(4) Any APCO authorization does not exempt the responsible 

party from any other District or fire control 

regulation. 

J.7 Rice Straw Burning: In addition to the general agricultural burning 

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

compliance with the Smoke Management Program and all of the 

following: 

(a) All rice harvesters shall employ a mechanical straw 

spreader to insure even distribution of the straw. Rice 

straw may be left in rows providing it meets the following 

drying time criteria. Drying times are timed after 

harvest. 

(1) Rice straw may be burned prior to the drying period 

specified if the straw passes the crackle test 

described in J.7 (b) "Crackle Test", prior to burning. 

(2) For spread rice straw - three (3) day drying time. 

(3) For rowed rice straw - ten (10) day drying time. 

(4) For rice straw harvested with the "stripper headeru -

three (3) days after the first frost found on the 

field; or three (3) days after mowing and spreading or 

chopping straw. 

(5) After a rain exceeding .15 inch (fifteen hundredths of 

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

straw passes the crackle test. 

(b) When testing the straw for moisture, the person 

responsible for the fire or his agent shall test a 

composite sample in accordance with the Sa c ramento Valley 

Air Basin Smoke Management Program. 

(c) 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. 

(1) The APCO may authorize other lighting techniques if 

safety reasons exist or if the crop does not lend 

itself to the approved techniques. 

J.S Wildland Vegetation and Forest Management Burning 

(a) Wildland vegetation and forest management burning shall 

conform to the Sacramento Valley Air Basin Smoke 

·Management Program, th~ rules and regulations 6f the 

District and the following requirements: 

(1) Any proposed burn, regardless of size, which will occur 

below a mean elevation of 1000 feet above sea level 

shall complete and submit a Smoke Management Plan on 

Page 9 of 12 
Management Program. 

J.9 Air Resources Board Advance Permissive-Burn Forecast: Upon request 

from a permittee through the District, seven (7) days in advance of 

a specific range improvement burn, forest management burn, or wild 

land vegetation management burn, a permissive-burn or no-burn 

forecast will be issued by the state board up to 48 hours prior to 

the date of the scheduled burn. Without further request, a daily 

forecast will continue to be issued until a permissive-burn forecast 

is issued. 

(a) A permissive-burn or no-burn advisory outlook will be 

available up to 72 hours in advance of burns. 

K. NON-AGRICULTURAL BURNING 

K.l Public Officer: Fires set or permitted by any public officer if such 

fire is set or permission given in the performance of the official 

duty of such officer, and such fire in the opinion of the officer is 

necessary for the purposes specified in the California Health and 

Safety Code: 

(a) For the purpose of the prevention of a fire hazard which 

cannot be abated by any other means. 

(b) For the instruction of public employees in the methods of 

fire fighting. 

(1) Burning of any structure shall be conducted in 

accordance with NESHAP requirements and ARB guidelines. 

The structure to be burned shall be certified free of 

asbestos. 

(2) A District permit is required for any field training 

burn greater than twenty (2 0) acre s. 

(3) The public officer shall notify the District 48 hours 

before any burn conducted for the purposes of training. 

(c) For the purpose of disease or pest control and prevention 

where there is an immediate need for and no reasonable 

alternative to burning, as determined by the APCO. 

(1) Burning operations for disease or pest control shall 

notify the District in writing . 

K. 2 Industrial Site Fire Training: Permits are required for industrial 

site employee instruction in fire fighting methods. 

(a) Materials to be burned shall be certified free of 

asbestos. Laboratory results of the asbestos testing 

shall be submitted t o the APCO at least ten (10) days 

before burning. 

K.3 Land Clearing: Open burning of natural vegetation on land being 

de veloped for industrial or commercial purposes shall be prohibited. 

Page 10 of 12 
K.S Right of Way, Levee, Reservoir, and Ditch Clearing: Right of way, 

Levee, Reservoir, and Ditch Clearing conducted by a public entity or 

utility shall require a District permit in accordance with this 

regulation. 

(a) The material shall be prepared by stacking, drying, or 

other methods to promote combustion. 

K.6 Russian Thistle: permits are required for the disposal of Russian 

Thistle pursuant to the California Health and Safety Code. 

K.7 Multi-Unit Dwellings and Commercial Entities: At multi-unit 

dwellings and commercial entities, burning for the purpose of fire 

hazard reduction when done for the purpose of compliance with local 

fire hazard reduction ordinances. 

(a) Fire hazard reduction shall require a District permit in 

accordance with this regulation and approved criteria for 

open burning. 

(1) All the requirements in Section I "General Burn 

Requirements, Conditions, and Practices" shall apply to 

this provision. 

L. RESIDENTIAL BURNING 

L.1 General Conditions: A·ll residential burning shall be subject to the 

requirements in section H ''Open Burning Permits", s~ction I "General 

Burn Requirements, Conditions, and Practices" and the following 

additional requirements. 

L.2 Additional 

(a) 

Requirements: 

No person or land 

from any property 

incinerator. 

manager shall dispose of any material 

by burning outdoors in a burn barrel or 

(b) Paper, cardboard, and all prohibited materials shall be 

prohibited from burning. 

(c) All vegetation to be burned shall be generated from the 

property at which burning will occur. It is prohibited to 

burn imported vegetative materials. 

(d) To minimize smoke impacts to nearby occupied dwellings; 

open fires shall not take place less than twenty-five (25) 

feet from any occupied dwelling. 

(e) To minimize accidental ignition of prohibited materials; 

the open burn area shall have a minimum ten (10) foot 

clearance. 

(f) A responsible adult shall attend the burn at all times. 

(g) Any disposal of an unserviceable American Flag that is no 

longer fit for display must be conducted in a respectful 

Page 11 of 12 
p.m. No material can be added to the fire after 3:00 p.m. and the 

fire must be extinguished by 4:00p.m. 

(a) Alternate burn hours may be set for State Responsibility 

Areas under the jurisdiction of the California Department 

of Forestry and the U.S. Forest Service. 

(1) Residential Burners in these areas shall burn under a 

permit issued by the designated agency. 

(2) Residential burners shall call the local fireprotection agency for seasonal and specific hour 

requirements. 

L.S Permitting: The APCO is authorized to require air quality burn 

permits for residential burns. 

(a) Fees for permitting shall be recovered in accordance with 

District Regulation VII. 

(b) Permitting requirements shall follow the conditions 

specified by the APCO. 

(c) The APCO may determine that residential air quality burn 

permits are not required. This does not relieve the 

resident of the responsibility of obtaining any permit 

required and issued by a fire protection agency for fire 

safety. 

Page 12 of 12