North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-15 - Air Pollution Control › Chapter 33.1-15-04 - Open Burning Restrictions › Section 33.1-15-04-02 - Permissible open burning

Current through Supplement No. 393, July, 2024
The open burning of refuse or other combustible material may
				  be conducted as specified in this section if the burning is not prohibited by,
				  and is conducted in compliance with, other applicable laws, ordinances, and
				  regulations. Burning is prohibited if the fire index is in the extreme category
				  as issued by the national weather service or if a burning ban is declared by
				  state or local officials. The authority to conduct open burning under this
				  section does not exempt or excuse a person from the consequences, damages, or
				  injuries that may result therefrom.
1.
				The following types of burning are specifically authorized but are subject to
				the conditions listed in subsection 2 as well as any condition included as part
				of this subsection:
a. Fires purposely set
				for the instruction and training of public and industrial firefighting
				personnel.
b. Fires set for the
				elimination of a fire hazard that cannot be abated by any other means when
				authorized by the department or its designee.
c. Fires set for the removal of dangerous or
				hazardous material, where there is no other practical or lawful method of
				disposal and burning is approved in advance by the department. Where there is
				imminent danger to human health or safety and where there is no other practical
				or lawful method of disposal, burning may be initiated without prior notice to
				the department, provided notice is furnished as soon as practical.
d. Campfires and other fires used solely for
				recreational purposes, for ceremonial occasions, or for outdoor preparation of
				food.
e. Fires purposely set to
				forest or rangelands for a specific reason in the management of forest,
				rangeland, or game in accordance with practices recommended by state or federal
				agencies, as appropriate, and the burning is approved in advance by the
				department. The state or federal agency shall, upon request by the department,
				submit an annual report that estimates the number of acres burned, the fuel
				loading, and the amount of emissions.
f. The burning of trees, brush, grass, wood,
				and other vegetable matter in the clearing of land, right-of-way maintenance
				operations, and agricultural crop burning.
g. The burning of refuse and other
				combustible materials generated in the operation of a domestic household if the
				following conditions are met:
(1) No
				collection and disposal service is required or directed by a municipality or
				other government entity.
(2) The
				material to be burned is from a building accommodating no more than one
				family.
(3) The burning is
				conducted on the property on which the waste is generated.
h. The burning of liquid hydrocarbons that
				are spilled or lost as a result of pipeline breaks or other accidents involving
				the transportation of such materials or which are generated as wastes as the
				result of oil exploration, development, production, refining, or processing
				operations if the following conditions are met:
(1) The material cannot be practicably
				recovered or otherwise lawfully disposed of in some other manner.
(2) The burning must be approved in advance
				by the department, except as provided in subdivision c.