MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 411 - FOREST MANAGEMENT BURNING
(Adopted 9-1-74; Revised 10-30-72, 6-15-83 and 4-20-94)

CONTENTS


PART 1 GENERAL

1.1 Purpose
1.2 Applicability
1.3 Exemptions
1.4 Effective Dates
1.5 References


PART 2 DEFINITIONS

2.1 Agricultural Burning
2.2 Air District
2.3 Designated Agency
2.4 Forest Management Burning
2.5 Household Rubbish
2.6 "No-burn Day"
2.7 "Permissive-burn" Day
2.8 Smoke-Sensitive Area (SSA)


PART 3 REQUIREMENTS AND STANDARDS

3.1 General Prohibition
3.2 "Permissive Burn" and "No-Burn" Days
3.3 Permit Requirements
3.4 Criteria for a Permitted Burn
3.5 Prohibition of Nuisances



PART 1 GENERAL

1.1 Purpose
The purpose of this Rule is to provide standards and requirements for the implementation of forest management burning within the Monterey Bay Unified Air Pollution Control District (Air District).

1.2 Applicability
The provisions of this Rule shall apply to all persons who set or maintain fires within the boundaries of the Air District which meet the definition of forest management burning, regardless of whether such burning also meets another definition in the District Rules and Regulations.

1.3 Exemptions

1.3.1 Exemptions from Section 3.2 ("Permissive Burn" and "No-Burn" Days)
Forest management burning may be conducted on a "no-burn" day where a commitment for a "burn" has been given by the California Air Resources Board in advance as prescribed by the California Code of Regulations Section 80110 (c), (d), and (e), and such commitment has not been canceled by the California Air Resources Board in advance of such a burn date.

1.4 Effective Dates
This Rule has been in effect since September 1, 1974. This Rule in its present form is effective on April 20, 1994.

1.5 References
The requirements of this Rule arise from the provisions of:

1.5.1 California Health and Safety Code Section 41850 et seq.; and

1.5.2 California Code of Regulations Sections 80100 et seq. and 80140 et seq.
 

PART 2 DEFINITIONS

2.1 Agricultural Burning
As defined by California Health and Safety Code Section 39011, et seq.

2.2 Air District
The Monterey Bay Unified Air Pollution Control District, unless otherwise noted.

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

2.4 Forest Management Burning
The use of open fires, as part of a forest management practice, to remove forest debris or for forest management practices which include timber operations, silvicultural practices or forest protection practices.

2.5 Household Rubbish
Solid or liquid waste from materials used or consumed in a human dwelling which can be placed inside a 30 gallon garbage can. This includes materials such as animal or vegetable putrescible wastes (garbage) and nonputrescible wastes (rubbish), including discarded materials resulting from normal residential activities. The term does not include discarded appliances, furniture, or other bulky items (trash) which cannot be placed in a 30 gallon garbage can.

2.6 "No-burn Day"
Any day on which agricultural burning is prohibited by the California Air Resources Board.

2.7 "Permissive-burn" Day
Any day on which agricultural burning is not prohibited by the California Air Resources Board.

2.8 Smoke-Sensitive Area (SSA)
A populated area, an airport, a traveled road or highway designated Class I for visibility standards, or any place where smoke can adversely affect the public health and welfare, as defined in the California Code of Regulations, Title 14, Section 1561.1.
 

PART 3 REQUIREMENTS AND STANDARDS

3.1 General Prohibition
No person shall conduct any forest management burning within the boundaries of the Air District without first obtaining a written permit from the California Department of Forestry and Fire Protection (CDF) or other designated agency, and from the Air District.

3.2 "Permissive Burn" and "No-Burn" Days
No person shall conduct or allow, forest management burning on "no burn" days, except as provided at Section 1.3.1. Fires allowed pursuant to this Rule shall only be set during "permissive burn" days as designated by the California Air Resources Board.

3.3 Permit Requirements

3.3.1 Permits shall be obtained from the designated agency and the Air District.

3.3.2 Before a permit may be issued for a forest management burn, a plan describing how the burn is to be carried out, shall be submitted by the owner, or his/her agent, of the land on which the burn is proposed, to the Air District and the CDF, or other designated agency, and be approved by them. The plan shall describe the following:

3.3.2.1 ownership;

3.3.2.2 location;

3.3.2.3 equipment available;

3.3.2.4 manpower;

3.3.2.5 fireguard locations;

3.3.2.6 proposed date and hours of burn;

3.3.2.7 treatment given to trees and brush;

3.3.2.8 method and plan for ignition;

3.3.2.9 estimated tonnage or acreage and type of vegetation to be burned;

3.3.2.10 a list of "Smoke Sensitive Areas" (SSAs) within 10 miles of the burn, with compass directions to the nearest of eight prime compass points;

3.3.2.11 Smoke Management guidelines as defined in Title 14, California Code of Regulations, Section 1561.1 and as outlined in Section 1569.6 shall be addressed in the plan.


3.3.4 Burning being done primarily for improvement of land for wildlife and game habitat shall require the filing with the Air District of a statement obtained from the Department of Fish and Game certifying the burning is desirable and proper for the improvement of land for wildlife and game habitat.

3.4 Criteria for a Permitted Burn

3.4.1 All materials to be burned shall conform to the following requirements to ensure rapid burning and ignition and to minimize smoke generation:

3.4.1.1 Where economically and technically feasible, unwanted trees and brush that are expected to burn shall be treated by chemical or mechanical means at least six months prior to the proposed burn to kill or uproot them in order to insure rapid combustion.

3.4.1.2 Materials shall be dried sufficiently to insure rapid combustion:
3.4.1.2.1 Tree stumps over six inches in diameter shall have been dried for at least 180 days prior to burning.
3.4.1.2.2 Trees, branches and prunings over two inches but under six inches in diameter shall have been dried for at least 60 days prior to burning.
3.4.1.2.3 Trees, branches and prunings under two inches in diameter and plant trimmings shall have been dried for at least 30 days prior to burning.

3.4.1.3 Materials to be burned shall be reasonably free of dirt, soil and visible moisture prior to burning, and shall be free from combustible impurities such as tires, household rubbish, tar paper, and construction and demolition debris.

3.4.1.4 Where possible, unless good management dictates otherwise, materials to be burned shall be arranged to provide adequate aeration to minimize smoke generation.


3.4.2 Not more than one forest management burn shall be conducted within the Air District in any one 3-day period.

3.4.3 The amount of material in any one burn may be limited by the Air District, taking into consideration matters which would affect the ambient air quality of the Air District.

3.4.4 The material to be burned shall be ignited only by devices approved by the California Department of Forestry and Fire Protection.  Ignition shall be as rapid as practicable within applicable fire control restrictions.

3.4.5 Burning shall not commence when wind direction is toward a Smoke Sensitive Area (SSA) or nearby populated area which would be adversely affected by the burn.


3.5 Prohibition of Nuisances
Notwithstanding any other provision of this Rule, no fire shall constitute a nuisance as defined in the Air District's Rule 402 (Nuisances).
 

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