Chapter 8.16
OPEN BURNING AND SMOKE MANAGEMENT*
Sections:
Article I. Open Burning
8.16.020 Open burning requires permit.
8.16.040 Validation of burning permit.
8.16.050 All open and incinerator burning.
8.16.060 Violations—Penalties.
Article II. Smoke Management
8.16.070 Jefferson County smoke management program.
8.16.090 Burning permits, registration, registration fees and jurisdiction.
8.16.100 Daily burning authorization criteria.
8.16.110 General requirements.
8.16.120 Smoke management program fines and penalties.
* Prior legislation: Ord. O-63-04.
Article I. Open Burning
8.16.010 Definitions.
As used in this article:
“Affected areas” means land within the respective district boundaries and that land so designated by Jefferson County pursuant to ORS 476.380.
“Board of directors” means the board of directors of the fire district that has authority over the affected area.
“District” means the fire district that encompasses the affected area.
“Fire chief” means the fire chief of the district encompassing the affected area.
“Incinerator” means a district-approved burning barrel or device to control burning.
“Open burning” means all burning outside an approved incinerator, other than field burning governed by Article II of this chapter. (Ord. O-65-21 § 1 Exh. A, 2021; Ord. O-25-11 § 1 (part), 2011: Ord. O-81-02 § 1, 2002: Ord. O-10-96 Exh. A § 1, 1996)
8.16.020 Open burning requires permit.
It is unlawful for any person to open burn any grass, weeds, trash, refuse or any material of any kind on any land within the affected areas without first obtaining a burning permit, if such permit is required by the district. (Ord. O-65-21 § 1 Exh. A, 2021; Ord. O-25-11 § 1 (part), 2011: Ord. O-10-96 Exh. A § 2, 1996)
8.16.030 Permits.
A. Open burning permits may be issued by the fire chief or his or her designated representative. The issuance of a permit shall not allow burning in violation of Section 8.16.050, nor be considered authority to burn under Section 8.16.050.
B. Approved incinerators do not require an open burning permit. (Ord. O-65-21 § 1 Exh. A, 2021; Ord. O-25-11 § 1 (part), 2011: Ord. O-10-96 Exh. A § 3, 1996)
8.16.040 Validation of burning permit.
No person holding an open burning permit issued by the district shall burn without receiving authorization to burn on any particular day. Authorization shall be obtained by calling the district office. (Ord. O-65-21 § 1 Exh. A, 2021; Ord. O-10-96 Exh. A § 4, 1996)
8.16.050 All open and incinerator burning.
A. Burning shall not be allowed when one or more of the following conditions exist:
1. Temperature above ninety-five (95) degrees Fahrenheit;
2. Wind velocity above twenty (20) miles per hour;
3. Humidity below twenty (20) percent.
B. There shall be no burning on holidays, or at night, unless authorized by the fire chief or his or her designated representative.
C. No person shall burn during the restricted fire season closure unless authorized by the fire chief or his or her designated representative.
D. No person shall burn without first initiating safe burning practices prescribed by the district.
E. Persons may not engage in, authorize or direct burning on land which is not under their legal control unless consent to burn from the person with legal control has been obtained. (Ord. O-65-21 § 1 Exh. A, 2021; Ord. O-10-96 Exh. A § 5, 1996)
8.16.060 Violations—Penalties.
A. Any person who shall violate any of the provisions of this chapter or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of directors or by a competent jurisdiction, within the time fixed herein, shall be severally for each and every such violation and noncompliance respectively, guilty of a violation punishable by a fine of not less than ten dollars ($10.00) nor more than two hundred fifty dollars ($250.00). The imposition of one penalty for any violation shall not excuse the violation or permit to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. O-65-21 § 1 Exh. A, 2021; Ord. O-10-96 Exh. A § 6, 1996)
Article II. Smoke Management
8.16.070 Jefferson County smoke management program.
A. The Jefferson County smoke management program is created to provide funding, administer, and enforce the provisions of this chapter.
B. The Jefferson County smoke management program is administered by the Jefferson County smoke management committee. The committee members shall be appointed by the Jefferson County board of commissioners from a list of prospective members submitted by the Jefferson County Seed Growers Association.
1. The committee shall be between five and nine members and when possible represent diverse geographic areas of the Jefferson County smoke management program boundary. The terms of the appointments shall be set by the board of county commissioners.
2. The committee shall adopt by-laws that must be approved by the board of county commissioners. By-laws may include the establishment of an executive committee that shall carry on the activity of the committee between meetings of the whole committee.
3. The committee shall have the authority to direct the work of the Jefferson County smoke management coordinator as long as those directions are not inconsistent with this chapter or employment conditions established by Jefferson County.
C. The Jefferson County smoke management program shall provide Jefferson County with adequate funding to hire a seasonal smoke management coordinator. The coordinator shall have the responsibility of providing observations of field burning activity to the Jefferson County smoke management committee, including the extent, duration and severity of smoke impacts. The coordinator shall investigate any potential violations of this chapter and shall have the authority to issue notices of noncompliance and citations.
D. The Jefferson County smoke management season shall include:
1. The open burn season, which shall run nine weeks approximately from July through October for each year, exact dates to be set by the Jefferson County smoke management committee no later than July 15th of each year.
2. The propane-flaming/vine-burning-only season, which shall extend four weeks from the last day of open burn season or other dates set by order of the Jefferson County board of commissioners.
3. Field burning requested by persons and organizations outside of the Jefferson County smoke management program season will be subject to the burning permits and registration fees of this program and must comply with the provisions of this chapter. (Ord. O-65-21 § 1 Exh. A, 2021; Ord. O-84-10 § 1 (Exh. A (part)), 2010)
8.16.080 Field burning fees.
A. Jefferson County smoke management program burning fees shall be set by the Jefferson County board of commissioners, on recommendation and approval by the Jefferson County smoke management committee.
B. Revenues generated by the Jefferson County smoke management program shall be appropriated by the Jefferson County smoke management committee for program expenses including:
Personnel, equipment, airplane flights, temperature readings, patrol assistance for highway burns or other expenses necessary for the program.
Remaining funds from program fees received may be spent on public relations, public education, research and development of burning alternatives, other agricultural research projects, or other Jefferson County smoke management program expenses not listed above but approved by the Jefferson County board of commissioners. (Ord. O-65-21 § 1 Exh. A, 2021; Ord. O-84-10 § 1 (Exh. A (part)), 2010)
8.16.090 Burning permits, registration, registration fees and jurisdiction.
A. Required burning permits must be obtained from Jefferson County Rural Fire Protection District No. 1 before any field burning of two acres and larger is conducted by any person or organization within the program boundary.
B. Any other burning permits required by law must also be obtained from the appropriate agency.
C. After the required burning permit is obtained and prior to burning, the planned burning of field(s) must be registered with the Jefferson County smoke management program and registration fees must be paid.
D. Payment of field burning fees shall be made at the time of registration. Field sizes, crop type, location and map for each proposed field shall be provided at the time of registration. Fees for acres registered by the grower but not burned shall be refunded upon request at the end of the season. Registration timelines and deadlines will be established by the Jefferson County smoke management committee.
E. Once a burning permit is obtained, the field(s) are registered and the registration fee has been paid, no field burning shall be conducted until specific field authorization has been obtained from the Jefferson County smoke management coordinator during the program season or the Jefferson County Rural Fire Protection District No. 1 outside of the program season.
F. The boundary and jurisdiction of the program is the same as the North Unit Irrigation District boundary, unless expanded by the board of county commissioners. (Ord. O-65-21 § 1 Exh. A, 2021; Ord. O-84-10 § 1 (Exh. A (part)), 2010)
8.16.100 Daily burning authorization criteria.
A. Daily authorization must be obtained by calling the Jefferson County smoke management coordinator during the program season or the Jefferson County Rural Fire Protection District No. 1 outside of the program season before any field burning or propane flaming is conducted.
B. Required information given at that time shall include:
1. Grower/farm name.
2. Field(s) name, number, location and size.
3. Crop type.
4. Proposed date of burn.
C. Open field burning shall be allowed when the prevailing atmospheric dispersion and burning conditions are favorable for optimal smoke dispersal. Determination of optimal smoke dispersal conditions shall be made by the Jefferson County smoke management coordinator based on the following factors:
1. Morning weather forecast and discussion with the National Weather Service Office, indicating anticipated weather conditions for Jefferson County, such as afternoon surface and upper-level wind direction and speed, high temperature, and lowest relative humidity.
2. Temperature sounding from local aircraft taken in the morning.
3. Calculated maximum mixing height for each day, based on temperature sounding.
4. Upper-level transport wind direction and speed as determined by the pilot balloon readings.
5. Surface level winds, based on wind monitoring equipment located at the Central Oregon Ag Research Center, the Redmond Airport and other locations in Jefferson County.
6. Air quality conditions in Jefferson County as determined by Oregon Department of Environmental Quality or other monitoring instruments.
D. Once the determination has been made that favorable conditions exist for burning, a test fire may be conducted to verify that such conditions actually exist. (Ord. O-65-21 § 1 Exh. A, 2021; Ord. O-84-10 § 1 (Exh. A (part)), 2010)
8.16.110 General requirements.
A. Field burning may be prohibited, at the discretion of the Jefferson County smoke management coordinator or the Jefferson County Rural Fire District No. 1, under poor smoke dispersal conditions, or when the mixing height is one thousand five hundred (1,500) feet or lower as measured from ground elevation at Madras, Oregon. A test fire may be used to determine the actual mixing height, or a calculated mixing height may be used.
B. All field burning shall be conducted in a manner which minimizes smoke impact on the public and promotes safe burning practices.
C. No field burning shall be allowed if the State Fire Marshal or designated agent has prohibited burning based on fire safety considerations, i.e., high fire danger considerations.
D. Field burning that takes place outside the Jefferson County smoke program operational dates will be administered by the Jefferson County Rural Fire Protection District No. 1. Open field burning shall not be allowed on weekends or holidays throughout the year. The Jefferson County Rural Fire Protection District No. 1 or Jefferson County smoke management coordinator may authorize exceptions to this section.
E. Propane flaming on a field is allowed only if the field has been recently open burned or open burning had been attempted and failed. Propane burning is allowed on all days except Sundays and holidays. Propane burning of grass will not be permitted on Saturdays with poor winds or dispersal.
1. At the discretion of the Jefferson County smoke management coordinator, first year grass fields and grass fields that have a light load of residue and will not carry a flame without assistance may be propane flamed on a day when no open burning is permitted. Requests for this variance must be submitted to the Jefferson County smoke management coordinator on a field-by-field basis. If possible, these fields should be identified upon registration.
F. Rapid ignition techniques are encouraged on all acreage where there are no imminent fire hazards or public safety concerns.
G. Test fires may be used after meteorological and atmospheric conditions have been carefully analyzed. Test fires shall not be conducted in lieu of the above analysis.
H. Each person or organization field burning or propane flaming is solely responsible for the consequences or damages resulting from such burning.
I. A reevaluation may be made each day at a time determined by the Jefferson County smoke management coordinator, at which point all growers must have burning authorizations revalidated. If burning has not been completed, failure to revalidate shall constitute a violation of this chapter.
J. All field burning shall be out and completed by 5:00 p.m. or three hours prior to sunset, whichever is sooner. No propane burning shall be allowed after 6:30 p.m. on any day or two hours prior to sunset, whichever is sooner.
K. Each person or organization field burning shall attend the burn until it is effectively contained. Unattended or reckless burning is a violation of Jefferson County Rural Fire Protection District No. 1 regulations and shall also constitute a violation of this chapter.
L. Any field not authorized for burning that is accidentally ignited must be extinguished immediately and reported to the Jefferson County smoke management coordinator.
M. At the end of the field burning season, the reports required as a result of permit issuance shall be compiled and reported to the Oregon Department of Environmental Quality.
N. Burning of fields conducted within one-eighth of a mile adjacent to Highway 361 may not commence until a Jefferson County sheriff’s deputy or other law enforcement officer has arrived to assist with traffic control should any smoke intrusion obstruct highway visibility.
O. Any and all burning of fields is prohibited within one-eighth mile adjacent to Highways 26 and 97, including propane flaming.
P. Flaggers are required for all burning adjacent to county roads. (Ord. O-65-21 § 1 Exh. A, 2021; Ord. O-84-10 § 1 (Exh. A (part)), 2010)
8.16.120 Smoke management program fines and penalties.
A. The Jefferson County smoke management coordinator, Jefferson County code enforcement officer or any law enforcement officer observing violations of this chapter may investigate violations and issue citations or notices of violation. The coordinator need not observe a violation prior to investigating a reported violation.
B. The penalties for violation(s) of this chapter shall be as follows:
1. For a first violation, a written warning may be given along with information concerning burning regulations and fire safety. At the discretion of the enforcing officer, however, a citation may be issued if the gravity of the violation justifies the citation in the officer’s judgment. Regardless of whether a warning or a citation is issued, the offense shall be considered a “first offense” for purposes of the progressive penalties of this chapter.
2. For each subsequent violation of the smoke management program within a three-year time period, the penalty shall be increased as follows:
a. Second offense: three thousand dollars ($3,000).
b. Third offense: Depending upon the severity of the violation, including actions which jeopardize maintaining burning as a management tool, the penalty shall be not less than five thousand dollars ($5,000), and the violator and/or farm shall be declared a habitual offender.
c. Once deemed a habitual offender, a habitual offender shall immediately forfeit their current burning permit and for a period of five years following the date of designation as a habitual offender, the party shall be denied any further burning permits and be denied registration from the Jefferson County smoke management program.
3. Failure to pay a penalty will result in being denied from registration into the Jefferson County smoke management program until the penalty is paid in full.
4. For purposes of this chapter, a “violator” shall be considered to be:
a. Person who ignited the fire.
b. Person which employs or contracts the services of the person igniting the fire.
c. This regulation shall apply regardless of the organizational structure of the person authorizing the burning. For purposes of this chapter, an employer shall also include the person that contracts for labor services.
5. The person igniting the fire may be excused from a penalty under this chapter if they can reasonably demonstrate that they were instructed to ignite the fire by their employer and that they were acting in accordance with their employer’s instructions.
6. The person who employs or contracts for the services of the person igniting the fire may be excused from a penalty for violation of this chapter only if they can reasonably demonstrate that they did not directly or by implication or by common practice authorize the fire to be ignited.
C. Violators shall be cited into the Jefferson County circuit court or to the Jefferson County hearings officer, at the discretion of the Jefferson County smoke management coordinator or citing officer. Fines and penalties shall not be in lieu of the required field burning permit fees in Sections 8.16.080 and 8.16.090. (Ord. O-65-21 § 1 Exh. A, 2021; Ord. O-84-10 § 1 (Exh. A (part)), 2010)
8.16.130 Definitions.
“Open field burning” means any burning other than an authorized burn barrel, excepting areas smaller than two acres and irrigation ditches.
“Propane flaming” means the use of a propane burner designed to apply fire and heat in a uniform pattern over the surface of an agricultural field for the purpose of uniformly eliminating combustible crop and other vegetative residues and/or reducing the population of plant pest and disease factors, thereby reducing the risks associated with crop pests, crop disease, and weeds.
“Vine burning” means burning of remaining crop residue following harvest of a vine type crop, i.e., carrots, potatoes, etc. (Ord. O-65-21 § 1 Exh. A, 2021; Ord. O-84-10 § 1 (Exh. A (part)), 2010)