Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 129 - AIR QUALITY REGULATIONS
Chapter 15 - COMPLIANCE
Section 129-15-002 - Open Fires, Prohibitions; Exceptions
Universal Citation: 129 NE Admin Rules and Regs ch 15 ยง 002
Current through March 20, 2024
002.01 No person will cause or allow any open fires.
002.02 Exceptions:
002.02A Fires set solely as part of a
religious activity, for recreational purposes or for outdoor cooking of food
for human consumption on noncommercial premises, provided no nuisance or hazard
is created.
002.02B Fires set as
part of Nebraska Fire Marshal approved training for public or industrial fire
fighting personnel.
002.02C Fires
set in the operation of smokeless flare stacks for the combustion of waste
gases, provided they meet the requirements of Section 001 of this
Chapter.
002.02D Fires set in an
agricultural operation where no nuisance or traffic hazard is created. For the
purpose of this regulation, "fires set in an agricultural operation" means:
002.02D1 The burning of any trees or
vegetation indigenous to the property of the owner or person in lawful
possession of the land; and
002.02D2
The burning of any agriculturally related material that is potentially
hazardous and where disposal by burning is recommended by the manufacturer.
Such materials must have been used on the owner's property or person in legal
possession of the said property.
002.02E Unless prohibited by local
ordinances, fires set to destroy household refuse on residential premises
containing ten or less dwelling units, by individuals residing on the premises
providing no nuisance or traffic hazard is created.
002.02F For the purpose of plant and wildlife
and parks management, provided such burning is conducted by the Nebraska Game
and Parks Commission, the United States Forest Service, the University of
Nebraska, or other groups as determined by the Department.
002.02G Unless prohibited by local ordinances
or regulations, fires set in compliance with a general open fire permit or a
community open fire permit issued by the Department:
002.02G1 For the purpose of destruction of
trees, brush and other vegetation removed from road and utility
right-of-ways.
002.02G2 For the
purpose of the destruction of trees, brush, vegetation and untreated lumber
generated as a result of land clearing, and construction activities.
002.02G3 For the purpose of the destruction
of straw used as a winter insulating cover on agricultural products.
002.02G4 For the purpose of destroying
untreated wood and trees at community burn sites. Items permitted for burning
will be kept in a separate location from other materials not allowed to be
burned.
002.02G5 For the purpose of
destruction of materials after cleanup from a natural disaster.
002.02G6 In compliance with rules for air
curtain incinerators in Chapter 14.
002.02H Permits for open fires as specified
in this regulation will be granted only if there is no other practical means of
disposal. Any burning of materials not specified in the burning permit may
result in withdrawal of the permit.
Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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