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Burn Permits

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1. Are air curtain destructors / incinerators allowed to operate in April?

Yes, ACDs are permitted by KDHE as a special type of incinerator.

2. Are camp fires and bonfires allowed in April?

Yes, open burning for cooking or ceremonial purposes, on public or private lands regularly used for recreational purposes.

3. Are fire fighter training burns permitted?

Yes, with approval from KDHE. However, it is appropriate to request fire training be scheduled outside of the month of April in the affected counties.

4. Are residential trash burn barrels permitted?

Yes, unless restricted by a local Fire Department.

5. Can a local fire chief override the April Burning Restrictions of K.A.R. 28-19-645a if requested by a local resident or business?

Yes, if local ordinance is more stringent. No, when the purpose of the override is to allow something prohibited under state regulation.

6. Do I need a burn permit to burn my household trash?

Yes and NO! You need a burn permit to conduct any burning except cooking fires. Burning trash is prohibited by the Kansas Administrative Regulations but not actively pursued.

7. How do I know if there are any burning restrictions?

Emergency Management plans to send notices about burning restrictions due to conditions using the Everbridge Emergency Notification System. We recommend that everyone who has a burn permit sign up for this FREE service.

• Go to Riley County Website Homepage.
• On the left hand side of the screen, click on Emergency Notifications
• Click on Sign Up to create an account. If you already created an account, click on Login.
• Complete the required information.
• Sign up for Riley County Prescribed Burning.

8. How will the April Burn Restrictions be enforced?

KDHE intends to utilize compliance assistance and public education to get the word out. If there are extenuating circumstances in a particular situation, KDHE may utilize their enforcement authority to address an egregious problem.

9. If there are severe storms, can the collected debris be burned?

Yes, with approval from the local authority in Johnson, Sedgwick or Wyandotte counties, or with KDHE approval elsewhere.

10. Is burning yard waste allowed at an individual residence during April?

Yes, unless restricted by a local Fire Department.

11. Is crop residue burning restricted in April?

Yes, crop residue burning is restricted for the 16 counties specified in the April Burning Restrictions of K.A.R. 28-19-645a (13 in Flint Hills + Johnson, Sedgwick & Wyandotte). Burning of the tall grass prairie is not considered crop residue burning.

K.A.R. 28-19-645a (pdf)

12. Is open burning for land clearing and construction projects allowed in April?

Not in the 13 Flint Hills Counties. In Johnson, Wyandotte and Sedgwick counties, the local authority can approve burning of trees and brush from nonagricultural land clearing and clean wood waste at the construction site; all other open burning in these counties must be approved by KDHE. In the rest of the state, KDHE must approve this burning unless local ordinance is more stringent. It is our intent to discourage nonagricultural burning during the month of April.

13. Is the local permitted open burn site allowed to burn in April?

No, unless KDHE issues a special circumstances or emergency approval specifically for April. Otherwise, all local permitted open burn sites are discouraged from open burning during the month of April, even if a permit had been previously issued. The success of the Flint Hills Smoke Management Plan is contingent on all parties cooperating to reduce smoke impacts.

14. What agencies and offices are involved in regulating open burning?

a. Local fire, emergency response and law enforcement, depending on local ordinance.
b. The six KDHE District Offices
c. The Compliance Section of the Bureau of Air at KDHE in Topeka. Page 2 of 2

15. What is an example of open burning that might be “deemed to be necessary and in the public interest”?

Fires set to remove dangerous or hazardous liquid materials, debris from an ice storm or a tornado (where landfilling is not feasible) or storage capacity after ice storms or tornados is not sufficient to wait until May or later.

16. Where do I get a burning permit?

Either call 537-6333, stop by 115 N. 4th street and fill out an application at the Emergency Management office on the second floor of Courthouse Plaza East building, or

apply online.

17. Where is the first place a person should call with questions concerning open burning?

The local fire department or law enforcement authority. Next, our KDHE District Office.

18. Which agency has the final authority on regulating open burning?

In most cases, the local fire department if they are more stringent. If local requirements are less stringent than KDHE, the state agency has authority.