Section 502.11. Woodburning facilities and open burning.

 

(1)   General.

(a) Unless exempt under sub. (2) , owners and operators of woodburning facilities shall comply with the general requirements in s. NR 502.04 , comply with the design and operational requirements in sub. (5) , and obtain a plan of operation approval as specified in sub. (4) and an operating license from the department.

(b) Unless exempt under sub. (2) , owners and operators of new or expanded woodburning facilities shall demonstrate compliance with the locational criteria in sub. (3) .

(2)   Exemptions. The following woodburning facilities are exempt from licensing and all requirements of this section, although a burning permit from the department may still be required during certain times of the year in counties within a forest fire control area. These exempt facilities may not burn wet combustible rubbish, garbage, oily substances, asphalt, plastic or rubber products, unless these substances are exempt under s. NR 429.04 .

(a) Burning of trees, limbs, stumps, brush or weeds, except for yard waste, as a result of agricultural or silvicultural activities, if the burning is conducted on the property where the waste is generated.

(b) Burning of trees, limbs, stumps, brush or weeds, except for yard waste, as a result of clearing or maintenance of highway, railroad or utility rights-of-way and other land clearing operations, if the burning is conducted on the property where the waste is generated.

(c) Burning existing structures for practice and instruction of fire fighters or testing of fire fighting equipment. If the burning includes a building, a demolition notification shall be submitted to the air management program of the department. Asphalt shingles and asphalt and plastic siding shall be removed from structures unless they are considered necessary to the fire practice. All material containing asbestos shall be removed in compliance with ch. NR 447 . Ash from the burned structure shall be disposed of, when cool, in a landfill approved by the department. The department may approve alternate ash disposal sites if groundwater and surface water quality will not be affected.

(d) Burning of yard waste and small quantities of dry combustible household rubbish, including paper, cardboard and clean untreated wood from a single family or household, on property where it is generated, unless prohibited by local ordinance.

(e) In emergency situations such as natural disasters, brush and other yard waste can be disposed in a landfill or burned without energy recovery, with approval from the department.

(f) One time burning of dry, unpainted and untreated wood, stumps, trees and brush in conformance with s. 287.07 , Stats. Department staff shall be notified prior to the burn to obtain concurrence that the burn is in accordance with this provision and that the amount of this wood to be burned on a one time basis and the rate of burning comply with state air management rules in chs. NR 400 to 499 .

(3)   Locational criteria.

(a) Except as otherwise specified in this chapter, new or expanded woodburning facilities may not be located in any of the following areas, unless an exemption is granted under par. (b) :

1. Within a floodplain.

2. Within 250 feet of any private water supply well, or within 1,200 feet of any public water supply well.

3. Within 250 feet of any navigable lake, pond or flowage.

4. Within 250 feet of any navigable river or stream.

5. Within 100 feet of land owned by a person other than the owner or operator of the facility, unless the facility is screened by natural objects, plantings, fences or other appropriate means so that it is not visible from the property boundary.

6. Within 1,000 feet of the nearest edge of the right-of-way of any state trunk highway, interstate or federal aid primary highway or the boundary of any public park or state natural area under ss. 23.27 (1) and 23.28 (1) , Stats., unless the facility is screened by natural objects, plantings, fences or other appropriate means so that it is not visible from the highway, park or state natural area.

7. Within 10,000 feet of any airport runway used or planned to be used by turbojet aircraft or within 5,000 feet of any airport runway used only by piston type aircraft or within other areas where a substantial hazard to aircraft would be created.

8. Within 1/4 mile of any residence unless a written consent is obtained from all adult residents within 1/4 mile of the burning pad.

9. Within the limits of fill of an existing or abandoned landfill.

(b) The department may grant exemptions to par. (a) 2. to 7. only upon demonstration by the applicant of circumstances which warrant the exemptions. Exemptions from compliance with par. (a) 1. , 8. and 9. , may not be granted.

(4)   Plan of operation. No person may establish or construct a woodburning facility or expand an existing woodburning facility prior to obtaining approval in writing from the department of a plan of operation for the facility. Unless otherwise approved by the department in writing, the plan of operation shall include a design which complies with the design and operational requirements in sub. (5) and contains at a minimum the following:

(a) Name, address and telephone number of facility operator.

(b) A description of the types, quantity and sources of material proposed to be burned, and anticipated frequency of burning.

(c) Written consent from all adult residents and business owners within 1/4 mile of the burning pad, except that consent is not required from any person who was not an adult resident or proprietor at the time the facility was initially licensed by the department, unless that person is a successor in interest to a person who was an adult resident or proprietor at the time. If a resident or proprietor who previously consented to operation of the facility withdraws the consent in writing, the withdrawal is not effective until the end of the current license period for the facility.

(5)   Design and operational requirements. No person may construct, operate or maintain a woodburning facility except in conformance with all local burning regulations and permits, state air management rules in chs. NR 400 to 499 , any approved plan of operation and the following minimum requirements:

(a) All burning shall be done on a burning pad or pit constructed of concrete, compacted gravel, compacted mineral soil or other materials approved in writing by the department. A firebreak of mineral soil scraped free of vegetation for a minimum distance of 100 feet around the burning pad or pit shall be constructed. Greater setback distances may be required by the department.

(b) Only dry, unpainted and untreated wood, stumps or trees may be burned at a woodburning facility. Brush shall be burned only in conformance with s. 287.07 , Stats.

(c) Waste material may be placed or stored on the burning pad, but may not exceed the amount of wood that can be burned in one day in conformance with ch. NR 445 . Any additional accumulation of waste material shall be stockpiled a minimum of 100 feet from the burning pad. The total amount of stockpiled waste shall be limited to the amount that can be burned in 5 calendar days.

(d) Start-up shall be accomplished by using wood kindling material to ignite larger materials. Where sufficient quantities of wood kindling materials are unobtainable, other methods approved by the department in writing may be used.

(e) Burning shall be conducted only during daylight hours.

(f) Fire-fighting equipment shall be kept at the facility in case of emergency, unless the services of a local fire protection agency are arranged.

(g) The burning pad shall be surrounded by a fence with a lockable gate. The gate shall be kept locked when no attendant is on duty.

(h) An attendant shall be on duty at all times when burning is taking place. All fires shall be extinguished before the attendant leaves the facility. The fire shall be actively tended and maintained to promote complete combustion, ensure good fuel-flame contact and burndown.

(j) A sign acceptable to the department shall be posted at the entrance to the operation which indicates the facility name, acceptable wastes, license number, the hours of operation, penalty for unauthorized use, necessary safety precautions and any other pertinent information.

(k) Storm water shall be diverted away from the burning pad, storage area and access areas.

(L) Ash resulting from the operation shall be disposed of at a facility approved by the department to receive that material.

(m) The facility shall be operated in a nuisance-free manner.

Cr. Register, January, 1988, No. 385 , eff. 2-1-88; r. and recr., Register, June, 1996, No. 486 , eff. 7-1-96; CR 05-020 : am. (3) (a) 6. Register January 2006 No. 601 , eff. 2-1-06.

Note

Woodburning facility license requirements do not apply to backfires set by fire control personnel to aid in controlling forest fires or fires set for forest, wildlife habitat or grassland management purposes. Microsoft Windows NT 6.1.7601 Service Pack 1 Woodburning facilities must obtain a burning permit during certain times of the year under s. 26.12 , Stats., or may be required to obtain a burning permit from the township in which the burning will occur. Microsoft Windows NT 6.1.7601 Service Pack 1