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Open Burn Facts

Why not learn about the open burning regulations before you do the wrong thing and it costs you money? First rule of thumb: “Small businesses, commercial enterprises, industries and municipalities may not use burn barrels or engage in other kinds of open burning and may not be granted burning permits by municipalities.” Simply put, this means contractors, farmers, landlords, small or large businesses, industries, or municipalities cannot open burn, with or without a burning permit, because there are no legal burning permits for business, industry or a municipality. It is always your responsibility to clearly identify to a Fire Warden, clerk, or municipal representative what you plan to burn and whether the burn is personal or business related. Again, general burning permits are NOT valid for businesses, industries and municipalities. Businesses, industries, and municipalities can only burn wood pallets, wood scraps, brush, or other clean wood with a state issued wood burning facility license and should call the Regional Waste & Materials Management DNR office for more information on licensing (920-662-5166).

Second rule of thumb
: “Individuals (private citizens) may burn if it isn’t illegal by local ordinance.” This means that you should first check with your local municipal clerk or representative to find out what is or isn’t banned by local ordinance. Open burning includes burning in burn barrels, piles, pits or any other type of burning in the open air where the smoke doesn’t pass through a stack or chimney.

The only items that can be open burned and that you can legally get a burning permit to open burn are lawn and garden debris, small quantities (approximately 1 cubic yard) of clean untreated and unpainted wood, and clean paper that is NOT recyclable. Nobody is allowed to burn wet, combustible rubbish, such as wet cardboard or paper ; oily substances, such as oily or greasy rags, oil filters, etc.; asphalt, such as asphalt shingles or tar paper; plastics of any kind, including plastic bottles and plastic bags; rubber products, including tires and hoses; old furniture; and, mattresses under any conditions. That means when you get burning permits you cannot heap these items onto your pile of lawn and garden debris; small quantities of clean untreated and unpainted wood; and, clean paper that is NOT recyclable.

The problem with open burning is the release of particulates, gases, heavy metals and other chemicals that threaten our health and the environment. These harmful materials are breathed into our lungs, deposited on our land and food crops and accumulate in the ash. Open burning is our largest source of dioxin emissions. Dioxin is a harmful chemical potent carcinogen. There is no good reason to burn today.

Do you think burning down structures like mobile homes, sheds, old homes or barns is legal? How about burning these structures in a pit and then leaving the ashes buried? Or how about dismantling a home or smashing the home into the basement and putting a match to it? The answer is, “No!” Burning of all structures is banned! It is only legal for a Fire Department to perform a legitimate fire fighter training on a standing structure after the owner or Fire chief follows a process to ensure all asbestos is removed and properly disposed of before a burn. Fire Chief’s should be familiar with this process and can call DNR’s Air Management office in Green Bay at 920-662-5181 or Madison 608-266-3658 for the proper forms and more information. What this means is that you cannot burn down a structure with the help of a volunteer fire fighter who comes to assist you with containing a structure fire on your property. There is no legal “burning permit” for structures. There is no such thing as a “controlled burn.” Once again, burning permits are for lawn and garden debris, small quantities of clean untreated and unpainted wood, and clean paper that is NOT recyclable.

Before you think about open burning, ask yourself
  • Am I considered a business or industry? If yes, STOP!
  • Will I be burning anything other than lawn and garden debris, small quantities of clean untreated and unpainted wood, or clean paper that is NOT recyclable? If yes, STOP!
  • If the Fire Department agrees to do a training burn on my property, has the Fire Chief or have I, as building owner, submitted a demolition notification to the DNR Air Management Program and has a certified asbestos inspector inspected the burn structure? If no, STOP!
  • Are there exemptions to these rules? Check with DNR!
Call the DNR, your county or local municipality for clarification and to learn more about the regulations. Ignorance is no excuse; penalties are serious and can include fines, forfeitures, and/or other consequences. Check with your local clerk or fire chief, call DNR (Air Management 920-662-5181 or 920-662-5171 Waste & Materials Management) or check out the DNR Open Burning Web site at: http://dnr.wi.gov/environmentprotect/ob to learn more about open burning hazards and alternatives to open burning before you light that match.