October 1 brings open burning restrictions

The warm, dry, windy months of October and November are upon us, and they bring increased fire risk across Ohio. That’s why Ohio law prohibits all open burning from 6 a.m. to 6 p.m. during October and November.  The risk of fire spreading is high during those times and  volunteer firefighters with daytime jobs aren’t readily available to respond to the higher fire risk.

Given current drought conditions across Ohio, any open burning at any time is highly dangerous and not advised; waiting to burn in Winter is the best strategy. But Ohio law does allow farmers and farmland owners to burn “agricultural waste” after 6 p.m. in October and November under certain conditions.  Some burns may require prior permission or notification to government entities, and burning some substances is illegal due to the environmental harms they cause, such as food waste and materials containing rubber, grease, asphalt and petroleum. 

Burning agricultural wastes.   Ohio law allows the burning of “agricultural wastes,” which are any waste materials generated by crop, horticultural, or livestock production practices such as woody debris and plant matter from stream flooding, bags, cartons, structural materials, and landscape wastes that are generated in agricultural activities. But note that:

• Agricultural waste does not include buildings; dismantled or fallen barns; garbage; dead animals; animal waste; motor vehicles and parts thereof; or "economic poisons and containers," unless the manufacturer has identified open burning as a safe disposal procedure.
• Agricultural waste does not include "land clearing waste," which is debris from the clearing of land for new development for agricultural, residential, commercial or industrial purposes.  Burning of “land clearing waste” requires prior written notification to Ohio EPA.
• If an agricultural waste pile is greater than 20 ft. wide x 10 ft. high (4,000 cubic feet), permission from Ohio EPA is necessary.

The burning location matters.   Agricultural waste must be burned on the property where it was generated.  It is illegal to take agricultural waste to a different property for burning.  It is also illegal to receive and burn agricultural waste from another property.  Other laws regulating the location of the burn include:

• A burn must be located more than 1,000 feet from any neighboring inhabited building.
• Burning inside a “restricted area” requires providing a ten day written notice to Ohio EPA.  A restricted area is any area inside city or village limits, within 1,000-feet of a city or village with a population of 1,000 to 10,000, or within one-mile zone a city or village with a population of more than 10,000. 

Local laws matter too. A local government can also have laws that regulate burning activities, so it’s important to check with the local fire department to know whether any additional regulations apply to a burn.

How to manage the burn.  Ohio open burning laws impose practices a person must follow when conducting open burning, which includes:

• Remove all leaves, grass, wood, and inflammable materials around the burn to a safe distance.
• Stack waste to provide the best practicable condition for efficient burning.
• Don’t burn in weather conditions that prevent dispersion of smoke and emissions.
• Take reasonable precautions to keep the fire under control. 
• Extinguish or safely cover an open fire before leaving the area.

The risks of violating open burnng laws.  Violating state and local open burning laws creates several risks for farmers and farmland owners.  First is the risk of enforcement by the Ohio Division of Forestry and local law enforcement, which can result in third degree misdemeanor charges, penalties of up to $500, and a potential of up to 60 days of jail time, depending on the seriousness of the violation.

Enforcement by the Ohio EPA is also possible.  The EPA has the authority to issue fines of up to $1,000 per day per offense for an illegal burn.  According to the EPA, the most common violations by farmers include burning substances that are not “agricultural wastes,” such as tires and plastics, failing to meet the 1,000 foot setback requirement, and burning waste from another property. EPA enforcement officers regularly patrol their districts, investigate fires they see, and investigate complaints from neighbors or others who report burning activities, so “getting caught” is quite possible.

Most important, however, is the risk of harm to people and property if a burn goes wrong.  It’s possible for a fire to escape and burn unintended property, interfere with people, animals, crops, or buildings, or reduce roadway visibility and cause accidents.  These situations can easily lead to insurance claims or lawsuits.  Because the risk of such harm is high in October and November, waiting until winter to burn agricultural waste is an excellent risk management strategy.

To learn more about Ohio’s open burning laws, visit the Ohio EPA website at https://epa.ohio.gov/divisions-and-offices/air-pollution-control/permitting/open-burning.