Outdoor Burning

“Learn before you burn..." Authority to conduct open burning is ultimately derived from the State. Open burning is further regulated by Weld County, as the authorized issuer of the Open Burn Permit, as well as by fire protection districts, local municipalities, and law enforcement. All relevant regulations, conditions, ordinances, and codes must be followed in order to obtain and use the Open Burn Permit.

State of Colorado Air Pollution Control Division (CDPHE-APCD) Regulations

• Air Quality Control Commission Regulation Number 9 Open Burning, Prescribed Fire, and Permitting (5 CCR 1001-11)
• CDPHE-APCD Open Burning webpage 

Open Burning Permit Conditions

Colorado air pollution control laws and regulations prohibit non-exempt open burning throughout the State unless a permit has been obtained from the appropriate air pollution control authority. In granting or denying any such permit, the authority shall base its action on the potential contribution to air pollution in the area, climatic conditions on the day or days of such burning, and the authority’s satisfaction that there is no practical alternate method for the disposal.

The following conditions are required for open burning to occur:

1. The permit is to ensure compliance with State of Colorado Air Quality Control Commission Regulations, specifically Regulation 9 pertaining to Open Burning, Prescribed Fire, and Permitting (5 CCR 1001-11) and does not supersede any state or local laws, including fire code. Permittees must follow any regulations, restrictions/bans, and obtain any additional permitting as required by any other authorities having jurisdiction such as local municipalities, fire districts, law enforcement, etc.
   
   
2. All Open Burn permits are suspended during the following periods: 1) Severe Fire Weather or Red Flag Days, as issued by the National Weather Service (https://www.weather.gov/bou/); 2) High Pollution Advisory Days, as issued by the Colorado Department of Public Health and Environment’s Air Pollution Control Division (https://www.colorado.gov/airquality/colorado_summary.aspx). It is the responsibility of the permit holder to verify weather and air quality status prior to burning. Permittees are expected to use all necessary precautions, which may include not burning, whenever meteorological conditions are less than favorable, such as any winds above 5 mph, when drought conditions are present, etc.
   
   
3. The permittee will make every attempt to notify the appropriate fire district or authority at the appropriate administrative number on each separate day they intend to burn. If the appropriate administration number for the fire district is not working or they cannot take the call permittees may contact Weld County dispatch at 970-350-9600 to send notification to the respective fire authority. Please note, although dispatch may transmit notification the fire district is still the primary authority on burning.
   
   
4. At no time shall the burning material be left unattended. Burning shall be supervised by one or more responsible persons having permission to burn and with access and ability to apply adequate fire suppression as needed to control or extinguish the burn as necessary. Precautions shall be taken to localize the burning and in no way constitute a fire hazard to people or property within or adjacent to the area of burning.
   
   
5. Commercially derived trash material will not be permitted to be burned. Trash materials from commercial farming operations, not covered under the “Agriculture Exemption,” will not be permitted to be burned. Burning on properties within Commercial or Industrial zones, or properties considered commercial where burning is in direct conflict with any other regulations or restrictions such as land use code, CDPHE permitting, etc. will not be permitted to burn.
   
   
6. Burning shall be restricted to the item(s) and location as indicated on the burn permit. All operations shall be subject to inspection by the Air Pollution Control Division and its representatives, such as Weld County Department of Public Health and Environment.
   
   
7. This permit shall be good for only 14 days from issuance; note the expiration date of the permit.
   
   
8. The allowed time period for open burning and smoke emissions is from 2 hours after sunrise to 2 hours before sunset. Smoke emissions from open burns are not allowed within 2 hours of sundown. To assure emissions of smoke and pollutants are not emitted after sundown, the burn pile must be “cold” or comfortable to the hand by touch.
   
   
9. The Open Burning Permit is issued with the condition that only legal materials such as natural wood and vegetative materials be burned, in accordance with Air Quality Control Commission Regulation Number 9 Open Burning, Prescribed Fire, and Permitting (5 CCR 1001-11). Burning illegal materials like construction debris, trash, furniture, etc. releases toxic air pollutants that are harmful to public health and regional air quality. Promote efficient burning and reducing smoke by cutting down tree limbs and not overloading piles.
   
   
10. The permit shall be retained and made available to any authority having jurisdiction by the permittee or responsible party during all burning activities.
    
    
11. The permittee, or representative, such as employees, agents, assignees, etc. designated as the responsible party overseeing the burn shall abide by the conditions and restrictions contained herein. Any violations, of these same conditions and restrictions shall render this permit null and void and may result in enforcement action by the State of Colorado Department of Public Health and Environment.
    
    
12. The granting authority and the employees or agents thereof, in the issuing of a permit, do not assume any responsibility or results in damage to the person or property of the permittee, or the person or property of any third person.

Open Burn Permit Restrictions:

• Non-agricultural commercial properties (i.e., commercially zoned and/ or non-agricultural land use permits) are not eligible for an open burn permit.
• Only natural wood (i.e., tree trimmings, branches, etc.) and vegetative materials (i.e., leaves, weeds, natural fabrics, clean paper, clean cardboard, etc.) may be burned.
• Prohibited items include, but are not limited to, commercial waste, clean lumber, pallets, tree stumps, tires, chemicals, plastic, construction debris, and furniture.
• Total amount to burn during one burn permit shall be less than 1 ton.
• Pile sizes shall be no larger than 512 cubic feet or 8ft by 8ft by 8ft, and only one pile may burn at a time, OR broadcast burn areas no larger than 10 acres of grass only and 5 acres of other vegetation.
• Burning in barrels is prohibited.
• Open burn permits are not valid during periods of publicly announced air pollution emergencies or alerts in the area of the proposed burn.

Open Burn Permit Requirements:

• Burn must be supervised by individual with the capacity to implement fire suppression.
• Fire suppression must be readily available at all times during the burn.
• The local fire protection district shall be notified prior to commencing the burn.
• This permit does not relieve the applicant from complying with all federal, state, and local (including fire protection district) rules and regulations.
• All burns shall be out cold prior to sunset.
• Prior to burning, citizens should always contact their local fire protection district and municipality for up-to-date requirements and restrictions regarding open burning and obtaining an open burn permit.  If a local municipality grants a special circumstance (e.g., town event, invasive species removal, etc.) to conduct an open burn (not including exempt burns), a State Open Burn Permit application will need to be submitted to Weld County for review. 

Common Exemptions:

• Fires used for noncommercial cooking of food for human consumption or recreational purposes (i.e., campfire at a private residence).
• Agricultural open burning. The open burning of cover vegetation for the purpose of preparing the soil for crop production, weed control, maintenance of water conveyance structures related to agricultural operations, and other agricultural cultivation purposes (5 CCR 1001-11 Sec II, Part A).
• For more information on the agricultural Open Burning Permit exemption, please refer to the agricultural exemption memo(PDF, 252KB).
• Not all burns on agriculturally zoned land are considered agriculturally exempt burns. For a burn to be considered agriculturally exempt from obtaining an open burning permit, it must fall into one of the following categories and typically be a broadcast burn:

1. Irrigation or water conveyance ditch burn.
2. Burning of stubble from a commercial annual row crop.
3. Burning cropland vegetation for weed control.
4. Burning to dispose of brush to improve forage for livestock on ranches.

Open Burn Permits are not valid during periods of publicly announced air pollution emergencies or “Red Flag Days” issued for severe fire weather alerts.

Red Flag Days

• National Weather Service
• AirNow Fire and Smoke Map
• Colorado Smoke Blog 

Air Quality Advisories

• CDPHE Air Quality Advisories

Emergency Restrictions & Burn Bans

• Fire Bans and Danger
• Fire Restrictions