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April Open Burning Regulations FAQ

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The Kansas air quality regulations state what types of open burning are allowed, which types need prior consent, and which ones are banned completely. Please keep in mind that these regulations are directed at protecting human health, not fire safety. Most, if not all, local fire departments require that you obtain an open burning permit, even if one is not required by the state air quality regulations. Before you conduct any burning operations, please contact your local fire department to determine what permits they require.
Brush fire

As the designated agent for KDHE within the county, the Johnson County Environmental Department (JCED) issues open burning exemptions when prudent and necessary. Some types of open burning do not require prior consent from JCED, only from your local fire department. We also investigate open burning complaints to determine compliance when they are received. Appropriate open burning investigations are referred to KDHE for possible enforcement action.

Please read the open burning regulations to find out what can be burned, what cannot be burned, the necessary weather conditions for open burning operations, and when an exemption from our office is necessary. Also, at the bottom of this page, you can download an application form for an open burning exemption, which must be completed and returned to our office. There is no fee and the turn-around time is usually a matter a few business days.

In accordance with state regulations, the following activities do require prior approval from JCED:

  1. The use of safety flares (these are not the same as road safety flares) for the disposal of flammable gases require prior approval. These flares are common at wastewater treatment plants, landfills, chemical plants, and refineries, and are used to burn excess gases, usually from their process operations.

  2. Fire training exercises require prior approval. Many businesses have fire extinguisher training annually at their offices. Usually fire extinguisher companies burn a mixture of gasoline and diesel fuel as they instruct employees on how to use a fire extinguisher.

    Additionally, local fire departments sometimes burn houses or buildings destined for demolition for more realistic fire training. This may take several days before the entire house is consumed. Removal of carpeting, furniture, and asphalt-containing materials, such as shingles, is required. An asbestos inspection must be made of the premises prior to burning to comply with both state and federal regulations.

Local fire departments can burn condemned houses for firefighter training under the open burning regulations, but must apply for an exemption beforehand.
(Photo by Mike Boothe, JCED)


  1. Open burning of trees and brush from a non-agricultural land clearing operation requires prior approval. If you are removing trees and brush for some type of development, such as an office complex, residential area, or shopping center, prior approval is required in addition to meeting the requirements from the local fire department. The use of an air curtain destructor or other restrictions may be required as deemed necessary by the JCED in order to reduce the amount of smoke from these operations.

If you have any questions, please don't hesitate to contact us for assistance.

Wendell says: "All open burning exemptions that are granted will be restricted from burning when the SkyCast is yellow, orange or red. Before you burn, find out the day's SkyCast on this site or at MARC."

More Information

Open Burning Regulations
New Open Burning Regulations
April Open Burning Regulatons FAQ  NEW!
Applying for an Exemption Application
SkyCast -- The Daily Pollution Forecast
Johnson County Fire Departments
Johnson County Fire District Map
Frequently Asked Questions
Open Burning Publications
Open Burning Links

 

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