VAPCR Adopted December 31, 2003

Subchapter II. Prohibitions

5-201 OPEN BURNING PROHIBITED

1. No person shall engage in any open burning except in conformity with the
   provisions of Section 5-201, 5-202, and 5-203.
2. No person shall cause, suffer, allow or permit the open burning of
   garbage, tires, rubber, plastic, waste oil, asphalt materials, materials
   containing asbestos, or pressure treated wood, except as may be allowed
   under subsections (3) and (7) of Section 5-202.
   

5-202 PERMISSIBLE OPEN BURNING

When not prohibited by local ordinances or officials having jurisdiction such as
local, state or federal fire wardens or other fire prevention officials, the
following types of burning are permissible, provided no public or private
nuisance is created.

1. Natural wood fires in conjunction with holiday and festive celebrations.
2. Campfires, outdoor grills, and fireplaces for recreation or preparing of
   food.
3. Burning of solid or liquid fuels or structures for the purpose of bona
   fide instruction and training of municipal, volunteer, and industrial
   firefighters in the methods of fighting fires when conducted under the
   direct control and supervision of qualified instructors. Said firefighters
   shall be residents of the State of Vermont or affiliated with the mutual
   aid systems within the State of Vermont. Notification by the fire training
   officer or the fire chief of the training exercise shall be made to the
   Air Pollution Control Officer on prescribed forms at least 14 days prior
   to the exercise.
4. Burning in forest land areas of brush, tree cuttings and slash when the
   cuttings accrue from logging or site clearing operations.
5. Burning for the purpose of weed abatement; disease, forest fire and pest
   prevention or control; and for the purpose of agricultural, forestry or
   wildlife habitat management.
6. On-premise burning of leaves, brush, deadwood, or tree cuttings accrued
   from normal property maintenance by the owner, his or her agent, or lessee
   thereof.
7. Open burning, as follows, if prior approval in writing is obtained from
   the Air Pollution Control Officer. Approvals granted under this subsection
   shall be subject to such reasonable conditions as are necessary to avoid a
   nuisance or to protect the health, safety or comfort of the public. The
   requirement for approval in writing may be waived by the Air Pollution
   Control Officer and oral approval may be granted instead when, in his or
   her judgement, the impacts of the burning will be insignificant.
   (a) Burning in remote areas, of highly explosive or other dangerous, or
   unusual materials for which there is no other feasible method of
   disposal.
   (b) Burning in remote areas of natural wood resulting from the
   construction or demolition of buildings and other structures
   originating from within the State.
   (c) Fires to thwart a hazard which cannot properly be managed by any
   other means or that are necessary for the protection of public
   health.
   (d) Burning of other combustible materials for which there is no other
   feasible method or disposal.
8. Burning of natural wood in an area designated by the selectmen or city
   council, with the permission of the selectmen or city council of that
   municipality and the fire warden in that jurisdiction, and in conformance
   with the procedures outlined in Section 5-203 of these regulations.
   

5-203 PROCEDURES FOR LOCAL AUTHORITIES TO BURN NATURAL WOOD

The legislative branch of a municipality (selectmen or city council) may
authorize the burning of natural wood and chemically untreated wood at a place
within the municipality. The burning of such wood shall be conducted under the
direction of and at such times as the fire warden for that municipality
determines. If the selectmen or city council intends to exercise this option to
burn natural wood, the selectmen or city council shall notify the Secretary of
the location of the site to be utilized for the public disposal of natural wood
by open burning. Prior to burning of any material at this site, the Secretary
shall certify in writing that this site is the one place within the municipality
that will be used for the open burning of natural wood.