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

The Colorado air pollution control laws and regulations prohibit 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 of the material to be burned.

The following conditions are required for open burning to occur:

1. During publicly announced periods of AIR POLLUTION EMERGENCY or ALERT, all permits are suspended in the alert areas. Contact the Air Pollution Control Division at the State health department at (303) 692-3100 to determine the status. In such cases, burning may be conducted only with direct permission from the granting authority. A “No burning Declaration” may be necessary in the Weld County carbon monoxide, ozone or PM10 attainment/maintenance areas from November 1 to March 31. In the Denver ozone attainment/maintenance area that includes Weld County, no burning will take place during an “Ozone Action Day Alert” during the months of June, July and August. It is the responsibility of the permit holder to contact the Health Department, radio, TV news, or internet to determine if the day of the planned burn is during the “No Burning Declaration” or an “Ozone Action Day Alert.”
   
   
2. The permit holder (permittee) will notify the appropriate fire control office, fire district or authority on each separate day of his intent to burn and the location of the burn. Do not call “911”. Call appropriate administration number for the fire district.
   
   
3. The permit shall be retained by the person supervising the burning and shall be shown upon request of appropriate officials without delay.
   
   
4. The permit is for compliance with air pollution control requirements only and is not a permit to violate any existing local laws, regulations, or ordinances regarding fire, zoning, or building.
   
   
5. The permittee is responsible for obtaining any additional permits and/or clearances from any appropriate fire control office, any local agency, or other official prior to submission of the permit.
   
   
6. At no time shall the burning material be left unattended. Burning shall be supervised by one or more responsible persons depending on the type of burning. Precautions shall be taken to localize the burning and in no way constitute a fire hazard to persons or property within or adjacent to the area of burning. 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.
   
   
7. 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.
   
   
8. Burning shall be restricted to the item(s) and location as indicated. All operations shall be subject to inspection by the Air Pollution Control Division or its representatives.
   
   
9. The permittee, his employees, agents, and assignees shall abide by the conditions and restrictions contained herein. Any violations, of these same conditions and restrictions shall render this permit null and void.
   
   
10. This permit shall be good for only two weeks; note the expiration date of the permit.
    
    
11. 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. Ceremonial burns or bonfires do not require an open burning permit. Ceremonial burns are allowed after dark, but will not be allowed to smolder and emit smoke throughout the night. Ceremonial burns must use only clean, untreated wood. Trash is not to be burned during ceremonial burns.
    
    
12. Burning will not be allowed when the local wind speeds exceed 5 miles per hour.
    
    
13. Equipment such as rakes, shovels, or forks to provide proper combustion air shall be available and used when needed to control or limit smoke emissions.
    
    
14. This Open Burning Permit is issued with the condition that any wood that is burned is not treated (no painted surfaces, no varnish, no polyurethane, no laminates such as plywood, OSB, Masonite, etc.). Treated wood, when burned, releases toxic air pollutants that are harmful to breathe. Please cut tree branches into small pieces to promote rapid burning. Create piles with abundant air spaces for rapid burning and minimal smoke production.

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:

• 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).
• 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:

1. Irrigation or water conveyance ditch burn.
2. Conservation Reserve Program (CRP) burn.
3. Burning of vegetative detritus from a reservoir.
4. Burning of stubble from a commercial annual row crop.
5. Burning cropland vegetation for weed control.
6. Burning to dispose of brush to improve forage for livestock on ranches.
7. Burning of fruit trees, vine prunings, and cull trees in and from an orchard or nursery.
   For more information on the agricultural Open Burning Permit exemption, please refer to the agricultural exemption memo(PDF, 252KB).

• Fires used for noncommercial cooking of food for human consumption or recreational purposes (i.e., campfire at a private residence).

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