All references in this rule are to Health and Safety Code Sections 39000 thru 41864 and/or Sections 80100 thru 80310 of Title 17, Subchapter 2, Agricultural Burning Guidelines, California Code of Regulations (CCR). (Prior to January 1, 1988, the CCR was known as the California Administrative Code.)


  1. Agricultural Operation. The growing and harvesting of crops, or the burning of grass and weeds in or adjacent to fields in cultivation or being prepared for cultivation (CCR, Title 17, Sec. 80100 (F) (2) (A), or the raising of fowl or animals for the primary purpose of making a profit, or providing a livelihood, or the conduct of agricultural research or instruction by an educational institution. Agricultural operations do not include forest management, range improvement, improvement of land for wildlife and game habitat, or disease or pest prevention or wildland vegetation management.

  2. Agricultural Waste
    1. Unwanted or unsellable material produced wholly from agricultural operations.
    2. Materials not produced wholly from agricultural operations, but which are intimately related to the growing or harvesting of crops and which are used in the fields, such as fertilizer and pesticide sacks or containers where the sacks or containers are emptied in the fields, except as prohibited in this Regulation. This does not include such items as shop wastes, demolition materials, garbage, oil filters, tires, pallets, and the like.

  3. APCD. The Air Pollution Control District of Mariposa County.

  4. APCO. The Air Pollution Control Officer of the Air Pollution Control District of Mariposa County, or designated representative

  5. Approved Ignition Devices. Those instruments or materials that will ignite open fires without the production of black smoke, including such items as liquid petroleum gas (L.P.G.), butane, propane, or diesel oil burners, flares, or other similar material as approved by the APCO. Tires, tar, tar paper, oil and other similar materials are not approved.

  6. ARB. The California State Air Resources Board, or any person authorized to act on its behalf.

  7. Designated Agency. Any agency designated by the ARB as having authority to issue agricultural burning permits. The U.S. Forest Service and the California Department of Forestry are so designated within their respective areas of jurisdiction.

  8. Forest Management Burning. The use of open fires to remove forest debris or for practices which include timber operations, silvicultural practices, or forest protection practices.

  9. Person. Any person, firm, association, organization, partnership, business trust, corporation, company, contractor, supplier, installer, operator, user or owner, any government agency or public district or any officer or employee thereof.

  10. Range Improvement Burning. The use of open fires to remove vegetation for a wildlife, game, or livestock habitat or for the initial establishment of an agricultural practice on previously uncultivated land.

  11. Residential Rubbish. Rubbish originating from a single or two family dwelling on its premises, limited to the following material: wood, paper, cloth, cardboard, tree trimmings, leaves, lawn clippings and dry plants.

  12. Section. As used in these Rules and Regulations, unless some other code is specifically mentioned, all section references are to the California Health and Safety Code.

  13. Silvicultural Practices. Means the establishment, development, care, and reproduction of stands of timber.

  14. Timber Operations. The cutting or removal of timber or other forest vegetation.