APRIL BURN BAN IN EFFECT
Administrative Regulation (K.A.R.) 28-19-645a, Open Burning
Restrictions for Certain Counties During the Month of April,
is a new regulation in support of the State of Kansas Flint
Hills Smoke Management Plan (SMP) that was formally adopted
by the Kansas Department of Health and Environment (KDHE) on
December 29, 2010.
will continue to be allowed in these counties during April
include agricultural burning related to the management of
prairie or grasslands (range or pasture management) and
conservation reserve program (CRP) burning activities.
Restricted activities include burning of materials such as
land clearing debris, crop residues, construction debris,
fire fighter training burns, and yard waste. Existing
exemptions in K.A.R. 28-19-647(a)(1) and (a)(2) have been
retained in the proposed new regulation as K.A.R.
28-19-645a(b)(2) and allow for the following: (1) open
burning on a residential premise containing five or less
dwelling units and incidental to the normal habitation of
the dwelling units; and (2) open burning for cooking or
ceremonial purposes on public or private lands regularly
used for recreational purposes. Other exemptions may be
considered on a case-by-case basis for certain activities,
of which the burning of storm debris would be a good example
of a possible qualifying exemption.
Burn activities not explicitly exempted in the new
regulation will be subject to review and approval by the
KDHE. Any proposed burn activity must be proven to be
necessary, to be in the public interest, and not to be
prohibited by any local government or local fire authority.
REGULATIONS WILL APPLY IN THE FOLLOWING 16 COUNTIES
Chautauqua, Cowley, Elk, Geary, Greenwood, Johnson, Lyon,
Marion, Morris, Pottawatomie, Riley, Sedgwick, Wabaunsee,
County Fire District # 3
Kansas Flint Hills Smoke Management Website