Controlled Burns

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Scroll down to the section of this page that pertains to the geographical location in which the burn will be conducted. There are different rules and regulations depending on whether you live in an unincorporated area of Pleasant or Richland Township or whether you live in the city limits of Rose Hill.

Open Burning Requirements Information Sheets

Open-Burning-Requirements-Info-Sheet-UnincorporatedDownload
Open-Burning-Requirements-Info-Sheet-Rose HillDownload

UNICORPORATED AREAS OF PLEASANT AND RICHLAND TOWNSHIPS
(OUTSIDE THE CITY LIMITS OF ROSE HILL & ANDOVER)

Authorization and a Burn Permit is Required

  1. Outdoor open burning in the unincorporated portions of Butler County, including Butler County Fire District #3 (Pleasant and Richland Townships), requires authorization before the burning is to take place.
  2. To receive authorization and a burn permit for any type of outdoor open burning, you are required to call Butler County Communications at (316) 320-1294 before the burn takes place.

Open Burning Regulations

  1. Kansas Administrative Regulation K.A.R. 28-19-645 through K.A.R. 28-19-648.
  2. Butler County Resolution 11-04.
  3. Flint Hills Smoke Management Plan via K.A.R. 28-19-645a

General Guidelines for Outdoor Burning per K.A.R. 28-19-645 through K.A.R. 28-19-648

The following guidelines are a summary of the Kansas Regulations and are to be followed when conducting any outdoor burning operation within Butler County, Kansas. For complete regulations, see the Additional Information section.

  1. Burning is not otherwise prohibited by any local jurisdiction of authority.
  2. Burning of materials that are manufactured from petroleum products, which produce heavy smoke, (oils, tires, rubber, plastics, asphalt shingles, tar paper, etc.) is prohibited.
  3. Burning shall take place only during daylight hours and shall not be started until at least one hour after sunrise, however, burning to create firebreaks is permitted during early morning hours to take advantage of calm wind conditions.
  4. Burning is prohibited during foggy days or cloudy days with a ceiling of less than 2000 feet.
  5. Burning is restricted to periods when surface wind speed is more than 5 miles per hour and not greater than 15 miles per hour, and from a direction which will not carry smoke over any occupied dwelling or public roadways or over any airports within two miles of the burning site.
  6. Burning within 1000 feet of a roadway shall take place only after appropriate notification to the highway patrol, sheriff’s office, or other appropriate authorities, in order to avoid potential traffic safety hazards. (Contacting Butler County Emergency Communications and receiving a burn permit will satisfy this requirement.)
  7. The area to be burned is at least 1000 feet from any occupied dwelling and at least one mile from any airport.
  8. The burning operation will be supervised until the fire is extinguished.

Open Burning of Vegetation per Butler County Resolution 11-04 (Summary)

  1. Notification to the appropriate 911 Center (Butler County Emergency Communications) has been made and approval granted.
  2. Wind speeds greater than five (5) miles per hour and less than fifteen (15) miles per hour.
  3. A responsible adult constantly supervising all burning until fire is extinguished.
  4. An adequate water supply readily available.
  5. The open burning shall not be initiated during nighttime, which for the purpose of this resolution is defined as the period from two hours before sunset until one hour after sunrise. A person shall not add material to a fire after two hours before sunset.
  6. A person shall not conduct a burn that creates a traffic or other safety hazard.

Burning of Trash per Butler County Resolution 11-04 (Summary)

The burning of trash or other debris which is carried out on residential premises containing five (5) or less dwelling units and is carried out incidental to the normal habitation of said dwelling(s) shall be permitted only after the following fire safety precautions has been taken:

  1. All such burning may only be conducted in an approved metal container, which is structurally sound to ensure the contents of said container will remain contained.
  2. An approved protective screen with a maximum weave of ¼ inch shall be installed on top of the container.
  3. An area of bare soil or other approved non-combustible material shall surround the burn container for ten (10) feet in all directions.
  4. A responsible adult must constantly supervise all burning.
  5. A charged garden hose or full bucket of water must be readily available to control any fires which may occur.
  6. No fire department notification is required for burning of household trash in an approved container.
  7. Trash burning shall not be conducted when the wind speed is in excess of fifteen (15) miles per hour.

Penalties per Butler County Resolution 11-04

  1. Any person who engages in or permits open burning upon his/her property, whether such property of owned by, leased, or rented, and has not complied with the provisions of this resolution shall be in violation of this resolution and may be upon conviction, be sentenced to serve no more than (6) months and/or a fine not to exceed one thousand ($1,000.00).
  2. Additionally, such persons may be held liable for the cost of fire suppression activities as necessary to control and extinguish the fire and may be held responsible for all damages associated with said fire.

Additional Information

  1. Additional burning restrictions are in force during the month of April per the Flint Hills Smoke Management Plan and Butler County Resolution 11-04. Visit our website at bcfd3.com for additional information, including links to the complete controlled outdoor (open) burning requirements, such as the State of Kansas Regulations, the Butler County Resolution, and the Flint Hills Smoke Management Plan.
  2. For further clarification of burning regulations or to schedule an inspection of your burn pile or area to be burned, feel free to contact the Butler County Fire District #3 business office at
    (316) 776-0401 during regular office hours (Monday – Friday, 8:00 am – 4:00pm).

WITHIN THE CITY LIMITS OF ROSE HILL

Permit Required

  1. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning, including bonfires, recreational fires, or ceremonial fires without obtaining a burn permit from the fire code official. The burn permit shall be obtained prior to kindling an open fire.

Exception: Burning in a portable outdoor fireplace (as defined below) shall be allowed without a permit at single family homes, duplexes, and town homes.

  1. All open burning shall be conducted in accordance with the Open Burning section below.
  2. The burn permit shall be obtained from Butler County Fire District #3, Station #1, 911 N. Rose Hill Rd., Rose Hill, Kansas between the hours of 8:00 am 4:00 pm. Monday – Friday. Visit our website at www.bcfd3.com for additional information or call (316) 776-0401.
  3. A fire officer, police officer, or code enforcement officer may order any open fire or portable outdoor fireplace (as defined below) which may be hazardous, to be extinguished.

Regulations

2018 International Fire Code, Section 307 – Open Burning, Recreational Fires and Portable Outdoor Fireplaces

Definitions

BONFIRE. An outdoor fire utilized for ceremonial purposes.

OPEN BURNING. The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames, recreational fires or use of portable outdoor fireplaces. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.

PORTABLE OUTDOOR FIREPLACE. A portable, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay, or other noncombustible material. A portable outdoor fireplace may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening in the top. A Examples: Decorative outdoor fire pits, portable outdoor fireplaces, chimeneas and barbecue pits.

RECREATIONAL FIRE. An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet or less in diameter and 2 feet or less in height for pleasure, religious, ceremonial, cooking, warmth, or similar purposes.

Open Burning

  1. Location. The location for open burning shall be not less than 50 feet from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet of any structure.

Exceptions:

  • Fires in approved containers that are not less than 15 feet from a structure.
  • The minimum required distance from a structure shall be 25 feet where the pile size is 3 feet or less in diameter and 2 feet or less in height.
  1. Bonfires. A bonfire shall not be conducted within 50 feet of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions that could cause a fire to spread within 50 feet of a structure shall be eliminated prior to ignition.
  2. Recreational fires. Recreational fires shall not be conducted within 25 feet of a structure or combustible material. Conditions that could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition.
  3. Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet of a structure or combustible material.

Additional Requirements

  1. Fires must be constantly attended by an adult with a fire extinguisher or a water source available nearby.
  2. The burning of yard waste (grass), leaves, vines, evergreen needles, treated lumber, garbage or paper products is prohibited.
  3. No container or appliance that burns a solid fuel product, such as wood or charcoal, should be used on a combustible deck (wood).
  4. Decorative outdoor fire pits, portable outdoor fireplaces, chimeneas and barbecue pits should have a minimum of 3/8-inch screening to assist with preventing hot embers from escaping.