(Adopted 4/18/72, Amended 12/12/79, 6/30/80, 8/22/89, 7/11/96)

I. Definitions

A. Agricultural Burning:

1. Open outdoor fires used in agricultural operations in the growing of crops or the raising of fowl or animals, or open outdoor fires used in forest management, range improvement, or improvement of land for wildlife and game habitat, wildland vegetation management, or disease or pest prevention; or

2. Open outdoor fires used in the operation or maintenance of a system for the delivery of water for purposes specified in Subsection I.A.1.

B. Open Burning for Agricultural Operations in the Growing of Crops or Raising of Fowl or Animals:

1. Burning in the open of materials produced wholly from operations in the growing and harvesting of crops or raising of fowl or animals for the primary purpose of making a profit, providing a livelihood, or conducting agricultural research or instruction by an educational institution, including:

a. For the purpose of cultural practice burns, burning of fence rows and ditch banks for weed control and weed abatement, and burning in nontillage orchard operations; and

b. Burning of material not produced wholly from such operations, but intimately related to the growing or harvesting of crops and used in the field, except as prohibited by District regulations. Examples are pesticide and fertilizer sacks emptied in the field.

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

D. Forest Management Burning: use of open fires as part of forest management practice to remove forest debris. Forest management practices include timber operations, silvicultural practices or forest protection practices.

E. Brush Treated: dead, felled, crushed or uprooted with mechanical equipment, or desiccated with herbicides.

F. Timber Operations: cutting or removal of timber or other forest vegetation for the purpose of producing commercial forest products.

G. Silviculture: establishment, development, care and reproduction of stands of timber.

H. Designated Agency: any agency designated by the California Air Resources Board (CARB) as having authority to issue agricultural burning permits. The U.S. Forest Service and the California Division of Forestry are so designated within their respective areas of jurisdiction.

I. No-Burn Day: any day on which agricultural burning is prohibited by the CARB or the District.

J. Permissive-Burn Day: any day on which agricultural burning is not prohibited by the CARB.

K. Approved Ignition Devices: those instruments or materials able to ignite agricultural waste without production of black smoke by the ignition device, including liquid petroleum gas, butane, propane or diesel oil burners and flares, but not including use of tires, tar paper, oil, or other similar materials.

L. Wildlife Vegetation Management Burning: use of prescribed burning conducted by a public agency, or through a cooperative agreement or contract involving a public agency to burn land predominantly covered with chaparral (as defined in Title 14, California Code of Regulations (CCR), Section 1561.1), trees, grass, or standing brush.

M. Prescribed Burning: planned application of fire to vegetation on lands selected in advance of such application, where any of the purposes of the burning are specified in definitions set forth in Subsections I.A., I.C., I.D., or I.L.

II. Prohibitions - General

A. No person shall knowingly set or permit agricultural burning unless he has a valid permit from the fire control agency designated by the Control Board to issue such permits in the area where the agricultural burn will take place. Each fire control agency so designated by the Control Board shall issue agricultural burning permits subject to KCAPCD's Rules and Regulations.

B. A permit shall not be issued to an applicant unless information is provided as required by the designated fire protection agency for fire protection purposes.

C. A permit shall not be issued to an applicant unless information is provided as required by the District.

D. No burn shall be conducted unless a notice of intent is given by the permittee to the fire control agency having jurisdiction over the site of the proposed burn.

E. A permit shall not be valid for any day during a period in which agricultural burning is prohibited by the CARB or the District.

1. Upon request from a permittee through a designated agency, seven days in advance of a specific range improvement burn, forest management burn, or wildland vegetation management burn, at any elevation below 6,000 ft. mean sea level, a permissive-burn or no-burn notice will be issued by the CARB up to 48 hours prior to the date scheduled for the burn. Without further request, a daily notice shall continue to be issued until a permissive-burn notice is issued.

2. Notwithstanding Section 80110, Subdivision (c) of the California Code of Regulations (CCR), the CARB may cancel permissive-burn notices issued more than 24 hours in advance if the cancellation is necessary to protect ambient air quality.

3. A permissive-burn or no-burn advisory outlook will be available up to 72 hours in advance of burns specified in Section 80110, Subdivision (c), Title 17, CCR.

F. A permit shall not be valid for any day on which burning is prohibited by the designated fire control agency having jurisdiction over the site of the burn for purposes of fire control or prevention.

G. No material shall be burned unless it is free of tires, rubbish, tar paper, construction debris, used pesticide containers (except sacks), and any material not produced in an agricultural operation.

H. Material stacked for burning shall not be burned unless it is loosely stacked and in a manner promoting drying and insuring combustion with a minimum of smoke production.

I. Material shall not be burned unless it is free of excessive dirt, soil, and visible surface moisture.

J. No material to be burned shall be ignited with an unapproved ignition device.

K. Material shall not be burned unless is has been allowed to dry for the following minimum time periods:

1. Agricultural waste:

Dry Cereals 0 Days

Prunings and Small

Branches 3 Weeks

Large Branches

and Trees 6 Weeks

2. Range improvement material: See Subsection IV.B.

3. Forest management material: See Subsection V.B.

L. No material shall be burned except during daylight hours, and all burning shall be terminated by sunset of each day.

M. No agricultural burning shall be permitted which will create a public nuisance as defined in Section 41700 of the California State Health and Safety Code.

N. All burning shall be ignited as rapidly as practicable within applicable fire control restrictions.

O. The Control Officer may restrict agricultural burning to selected permittees on designated burn days if total tonnage to be ignited would discharge a volume of contaminants into the atmosphere sufficient to threaten public health.

III. Prohibitions - Field Crop Burning

A. Cereal straw shall be ignited only by strip-firing into-the-wind or by backfiring except under a special permit issued by the District when and where extreme fire hazards are declared by a public fire protection agency to exist, or where crops are determined not to lend themselves to these techniques.

B. No field crop burning shall commence before 10:00 a.m., nor after 5:00 p.m. of any day.

IV. Prohibitions - Range Improvement Burning

A. Between January 1st and May 31st, range improvement burning may be conducted by permit on a no-burn day, provided more than 50 percent of the land has been brush treated. Notwithstanding these provisions, the CARB may prohibit range improvement burning during a period designated by the District if, in the opinion of the CARB, such prohibition is required to protect public health.

B. No brush or unwanted trees shall be burned unless it has been brush treated at least six months prior to the burn, provided it is economically and technically feasible.

C. If burning is to be done primarily for improvement of land for wildlife and game habitat, no permit shall be issued unless the applicant has filed with the District a statement from the Department of Fish and Game certifying the burn is desirable and proper. The Department of Fish and Game may specify the amount of brush treatment required.

V. Prohibitions - Forest Management Burning

A. Unless good silvicultural practice dictates otherwise, material shall not be burned until it has been windrowed or piled where possible.

B. Material shall be dried as required by the agency issuing the permit.

C. Prohibitions - Wildland Vegetation Management Burning:

1. This Subsection shall apply to all burning described by Subsection I.L., regardless of whether such burning also fits another definition within this Rule.

2. Persons engaged in Wildland Vegetation Management Burning shall comply with Subsections II.G., II.H., II.J., II.M., II.N., and II.O.

3. The Control Officer shall regulate total acreage or tonnage of vegetation that may be burned each day within the District.

4. For projects exceeding the quantity of material specified pursuant to Subsection V.C.3., or for projects situated in designated zones specified by the Control Officer, the following information shall be provided to the District for review and approval in advance of the proposed burn:

a. location and specific objectives of the proposed burn;

b. acreage or tonnage, type, and arrangement of vegetation to be burned;

c. description of, and directions and distances to nearby receptor areas;

d. fuel condition, combustion, and meteorological criteria;

e. projected schedule and expected duration of ignition, combustion, and burn down;

f. specifications for monitoring and verifying critical project parameters, and

g. specifications for disseminating project information.

VI. Exemptions

A. Exemption from Subsections II.E. and II.L.: The Control Officer may grant an exemption to allow burning on a no-burn day so designated by CARB, and in certain situations to allow burning to continue past sunset of each day if denial of such permit would threaten imminent and substantial economic loss. In authorizing such burning, the District shall limit the amount of acreage which can be burned on any one day to 250 acres and only authorize burning when downwind populated areas are forecast by the CARB to not exceed ambient air quality standards.

B. Empty sacks which contained pesticides may be burned on a no-burn day provided such sacks are within the definition of "open burning in agricultural operations in the growing of crops or raising of fowl or animals".

C. Open burning in agricultural operations in the growing of crops or raising of fowl or animals at altitudes above 3,000 feet mean sea level is exempt from Subsection II.E.

D. Agricultural burning in areas at altitudes above 6,000 feet mean sea level is exempt from Subsection II.E.

E. Notwithstanding any other provisions of this Rule and upon receipt of a burning permit from the appropriate fire control agency, tumbleweeds and star thistle may be burned provided: no other feasible or practical method is available, an approved ignition device is used, and a public nuisance is not created.

VII. Penalty

A violation of provisions of this Rule is a misdemeanor punishable by imprisonment not exceeding six months or by fine not exceeding five hundred dollars, or both, and the cost of extinguishing the fire. Every day during any portion of which such violation occurs constitutes a separate offense.