Burning
within the Fire District boundaries is regulated by both the Department
of Environmental Quality (DEQ) and the Fire District. DEQ rules
can be found at the links below.
If you wish to burn, you must call
(503) 472-3344 to check burn hours for that particular day.
The Fire District will respond to
illegal burn calls to ascertain if the fire is
"hostile". A hostile fire is one that is an immediate
threat to life or property. If the illegal burn is deemed not to
be hostile, either the caller or the Fire District may report the burn
to DEQ as it would be violating air quality rules. DEQ may levy a
fine of up to $10,000 per day.
Open
Burning Guidelines
Backyard Burning
Agricultural Burning
Materials That Can't Be Burned
Alternatives To Open Burning
Specific Regulations
Open
Burning Guidelines
To protect air quality, DEQ has
the authority under state law to prohibit open burning anywhere in the
state on a day-to-day basis. State air quality rules which govern open
burning are found in Oregon Administrative Rules, Chapter 340, Division
23.
"OPEN BURNING" includes
any burning outdoors. A fire in a "burn barrel" is open
burning. So is burning debris in an outdoor fireplace or backyard
incinerator. Other examples include burning piles of yard debris,
burning stumps to clear land and burning construction debris or the
remains of demolished structures
It's against the law to conduct
any open burning that:
-
unreasonably interferes with
enjoyment of life or property
-
creates a public or private
nuisance
-
is a hazard to public safety
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Backyard
Burning
(Domestic and Yard Debris)
Open burning associated with a residence
("back-yard burning") is prohibited in and around the Portland
metropolitan area, unless a hardship is demonstrated and DEQ has issued
a "hardship permit". Contact your local fire district or the
Portland office of DEQ to find out if you are in this prohibited area.
In most of the Willamette Valley where backyard
burning is not prohibited, open burning of yard debris only is usually
allowed on a seasonal basis. The seasonal restrictions include whole
fire districts near Portland and the Eugene-Springfield area of Lane
County. Restrictions also apply in Oakridge, West Fir, and up to
six miles beyond the city limits in the
Salem-Keizer area. In and around other Willamette Valley
communities of 1,000 or more, seasonal restrictions apply out to three
miles beyond the city limits.
Seasonal burning in most of the Willamette
Valley is limited to "burn days"
authorized by DEQ during the spring (March 1-June 15) and fall (October
1- December 15) seasons. In central Lane County, open
burning is authorized by the Lane Regional Air Pollution Authority (LRAPA)
from October 1 through June 15. Open burning is prohibited in the
Ashland, Medford and Grants Pass area from November through
February. Be sure to check with your local fire district for
details.
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Agricultural
Burning
Material burned under an agricultural permit is
limited to bonafide agricultural waste (other than prohibited materials
listed under materials that can't be burned). Agricultural waste is
material generated by an agricultural operation that uses, or intends to
use, land primarily for the purpose of obtaining a profit in money by
raising, harvesting and selling crops or raising and selling animals
(including poultry) or the produce thereof.
The question of whether a particular activity
is or is not "agricultural" is a
question of land use or intended land use and the profit motive. The
primary purpose must be an intention to "earn a profit in money by
selling crops or produce." The actual size of the operation
or the profit actually realized now or in the past is not of primary
concern in deciding if an operation is agricultural. The operation must
be large enough to have a profit motive as a reasonable objective, i.e.,
large enough not to be confused with a personal garden or hobby.
Agricultural burning must be an integral and
necessary part of the agricultural activity. The agricultural
activity might include clearing of land, the construction and use of
barns, sheds or other farm buildings, but does not include the
construction and use of dwellings in which the farmer or workers
live. Burning associated with a dwelling is considered to be
domestic burning, backyard burning or burning of yard debris, and is not
part of the farming operation.
Agricultural burning can be categorized into
two general types: field burning and all other burning. Field
burning is limited to the burning of residue left from the harvest of a
seed crop, usually grass. Field burning is tightly regulated in
the Willamette Valley by a special set of rules and a program operated
jointly by DEQ and the Oregon Department of Agriculture. Field
burning involves registering acres and paying fees.
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Materials
That Can't Be Burned
DEQ regulations prohibit open burning of the
following materials at any time, anywhere in Oregon:
- Rubber products
- Tires (Includes burning tires to start an
approved agricultural waste fire.)
- Plastic
- Wet garbage
- Petroleum and petroleum-treated materials
- Asphalt or industrial waste
- Any material that creates dense smoke or
noxious odors.
In or near cities of greater than
1,000 population in the Willamette Valley, and 4,000 population
elsewhere, the DEQ prohibits open burning of waste from commercial
establishments, construction and demolition activity, and land clearing.
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Alternatives
To Open Burning
-
Composting or chipping on site
-
Organize a Neighborhood
Cleanup Day
-
Curb-side pick up
-
Take to central recycling
center or landfill
-
Reclaim used lumber
-
Develop use as fuel for steam
generator (municipal project)
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Specific
Regulations
Open burning for agricultural
purposes is usually allowed anywhere in the state, unless air quality or
fire safety concerns restrict or prohibit burning on a given day.
See under Agricultural Burning for more information.
Slash burning (burning debris from
logging) is limited to burning on forest lands for forest management and
is usually managed by the Oregon Department of Forestry. It is not
the clearing of forest land for any other purpose. Each day, the
DEQ analyzes air quality and weather data to determine if ventilation is
sufficient to allow open burning in the Willamette Valley and notifies
the State Fire Marshal. The Fire Marshal forwards this information
to all fire districts in the valley. This notice applies to the
Willamette Valley only.
Individual fire districts permit
burning and may prohibit open burning, based on local fire safety or air
quality concerns. Always contact your local fire department to
find out if burning is authorized on a particular day. You can
contact the DEQ or LRAPA, as appropriate, to clarify other questions
about your area.
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