RULE 408. Open Burning in Agricultural Operations or Disease or Pest Prevention

ADOPTED 9/05/74 REVISED 3/10/76, 6/25/79, 7/01/92, 11/04/92

  1. No person shall burn agricultural wastes on "no burn" days as announced by the State Air Resources Board for the Counties of Inyo, Mono, and Alpine or when prohibited by the Air Pollution Control Officer.
  2. Such burning when authorized shall conform to the following criteria:
    1. Material to be burned shall be as dry as feasible prior to burning, and shall be free from combustible impurities such as tires, tar paper, rubbish, plastics, demolition or construction debris, and shall be reasonably free of dirt, soil, and visible surface moisture.
    2. Trees and branches over two inches in diameter shall have been dried for at least 10 days prior to burning.
    3. Branches under two inches in diameter and prunings shall have been dried for at least 1 week prior to burning.
    4. Wastes from field crops that are cut in a green condition shall have been dried for at least 1 week prior to burning.
    5. Exceptions to the foregoing may be made by the fire authority which issues the permits to burn, after notification to the Air Pollution Control Officer, and if the material to be burned is diseased or insect infested and there would be irreparable damage if the foregoing standards were rigidly enforced.
    6. Material to be burned shall be so arranged as to burn with a minimum of smoke.
    7. All burning shall conform to the applicable jurisdic-tional fire code(s).
  3. The use of oil or tires in connection with the ignition or burning of agricultural wastes, roadsides, ditch banks, or patches of vegetation is prohibited.
  4. No agricultural wastes shall be burned without a permit issued by a fire protection authority having jurisdiction over the proposed burn location. As a condition to the issuance of a permit, each applicant shall provide the information required by the issuing agency on forms prepared jointly by said agency and the District. The permit may place a limit upon the amount of materials to be burned in any one day and the hours of the day during which time the material may be burned. Further, the form of this permit shall contain the following words or words of similar import: 'This permit is valid only on those days during which agricultural burning is not prohibited by the State Air Resources Board or by the Air Pollution Control Officer pursuant to Section 41855 of the Health and Safety Code.'
  5. Open burning in agricultural operations or disease or pest prevention at altitudes above 6000 feet (msl) is exempt from the requirements of Rule 408.
  6. Burning shall be curtailed when smoke is drifting into a populated area or creating a public nuisance.