Section 429.04. Open burning.


Latest version.
  • (1) Prohibition and exceptions. Open burning is prohibited with the following exceptions:
    (a) Burning of brush or weeds on agricultural lands.
    (b) Fires set for practice and instruction of fire fighters, or testing of fire fighting equipment.
    (c) Backfires to control forest fires or fires set for forest or wildlife habitat management with approval of the department where no reasonable alternative is available.
    (d) Burning of explosive or dangerous material for which there is no other safe means of disposal.
    (e) Burning of small amounts of dry combustible rubbish (not to include wet combustible rubbish, garbage, oily substances, asphalt, plastic or rubber products) except where prohibited by local ordinance.
    (f) Burning at rural or isolated solid waste disposal sites outside of the Southeastern Wisconsin Intrastate AQCR which have been approved under s. NR 506.04 , or burning of special waste where permits are obtained from the department.
    (g) Outdoor fires for cooking, ceremonies or recreation.
    (h) Burning of trees, limbs, stumps, brush or weeds for clearing or maintenance of rights-of-ways outside of the Southeastern Wisconsin Intrastate AQCR.
    (i) Burning of trees, wood, brush or demolition materials, excluding asphaltic or rubber material, using methods approved by the department.
    (j) Small open flames for welding, acetylene torches, safety flares, heating tar or similar applications.
    (k) Burning of gaseous or liquid waste in a manner approved by the department.
    (L) Burning of small amounts of dry leaves and dry plant clippings except where prohibited by local ordinance.
    (2) Open burning procedures. All allowed open burning shall be conducted in a safe pollution free manner, when wind and weather conditions are such as to minimize adverse effects and in conformance with local and state fire protection regulations.
History: Renum. from NR 154.10, Register, September, 1986, No. 369 , eff. 10-1-86; corrections in (1) (f) and (h) made under s. 13.93 (2m) (b) 6. and 7, Stats., Register, July, 1988, No. 391 ; am. (1) (b), (f) and (i), Register, May, 1992, No. 437 , eff. 6-1-92 ; am. (1) (f), Register, October, 1999, No. 526 , eff. 11-1-99.