Town of Buchanan, WI Article III Outdoor Burning

[Adopted 8-19-2014 by Ord. No. 2014-11[1]]

[1] Editor's Note: This ordinance repealed former Art. III, Outdoor Burning, adopted 1-20-2009 by Ord. No. 2009-02 (§ 38-7 of the 1997 Code). This ordinance also stated it shall take effect after 1-1-2015.

§ 290-7 Purpose.

This article is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Town of Buchanan (from threats) due to the air pollution and fire hazards of open burning, outdoor burning and refuse burning.

§ 290-8 Applicability.

This article applies to all outdoor burning and refuse burning within the Town of Buchanan.

A. This article does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.

B. This article does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in § 290-9 of this article.

C. This article does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

§ 290-9 Definitions.

As used in this article, the following terms shall have the meanings indicated:

CAMPFIRE

A small outdoor fire intended for recreation or cooking not including a fire intended for disposal of waste wood or refuse.

CLEAN WOOD

Natural wood which has not been painted, varnished or coated with a similar material, has not been pressure treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.

FIRE CHIEF

The Chief of Buchanan Fire and Rescue or other person authorized by the Fire Chief.

MAINTENANCE FIRE

A fire that is conducted as a means of disposing of excess leaves, brush, clean wood and other vegetative debris from agricultural property, nursery property, site preparation, spring/fall yard cleanup or cleanup after a natural disaster. Maintenance fires are allowed on residential and agriculturally zoned properties. Maintenance fires for industrial or commercially zoned properties are not permitted.

OPEN BURNING

Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney.

OUTDOOR BURNING

Open burning or burning in an outdoor wood-fired furnace.

REFUSE

Any waste material except clean wood.

§ 290-10 Prohibited acts.

Open burning, outdoor burning and refuse burning are prohibited in the Town of Buchanan unless the burning is specifically permitted by this article.

§ 290-11 Prohibited materials.

Unless a specific written approval has been obtained from the Department of Natural Resources, the following materials may not be burned in an open fire, incinerator, burn barrel, furnace, stove or any other indoor or outdoor incineration or heating device. The Town of Buchanan will not issue a permit for burning any of the following materials without air pollution control devices and a written copy of an approval by the Department of Natural Resources:

A. Rubbish or garbage, including but not limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.

B. Waste oil or other oily wastes except used oil burned in a heating device for energy recovery subject to the restrictions in Ch. NR 590, Wis. Adm. Code.[1]

[1] Editor's Note: See now Ch. NR 679, Wis. Adm. Code.

C. Asphalt and products containing asphalt.

D. Treated or painted wood, including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.

E. Any plastic material, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.

F. Rubber, including tires and synthetic rubber-like products.

G. Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with Chapter 450, Solid Waste, of the Code of the Town of Buchanan.

§ 290-12 Burning of leaves, brush, clean wood and other vegetative debris.

A. Burning leaves, brush, clean wood and other vegetative debris in the Town of Buchanan. Open burning of leaves, weeds, brush, stumps, clean wood, trees and other vegetative debris is allowed in the Town of Buchanan in accordance with Subsections B and C and the following provisions which shall apply to all burning in the Town:

(1) All allowed open burning shall be conducted in a safe nuisance-free manner, when wind and weather conditions are such as to minimize adverse effects and not create a health hazard or a visibility hazard on roadways, railroads or airfields. Open burning shall be conducted in conformance with all local and state fire protection regulations.

(2) Except for barbecue, gas and charcoal grills, no open burning shall be undertaken during periods when either the Fire Chief or the Wisconsin Department of Natural Resources has issued a burning ban applicable to the area.

(3) Unless explicitly allowed elsewhere in this article, a commercial enterprise other than an agricultural or silvicultural operation may open burn only at a facility approved by and in accordance with provisions established by the Department of Natural Resources and the Fire Chief.

(4) Fires set for forest, prairie or wildlife habitat management are allowed with the approval of the Department of Natural Resources.

(5) Outdoor campfires and small bonfires for cooking, ceremonies or recreation are allowed, provided that the fire is confined by a control device or structure such as a barrel, fire ring, or fire pit. Bonfires are allowed only if approved by and in accordance with provisions established by the Fire Chief.

(6) Open burning shall be constantly attended and supervised by a competent person of at least 18 years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire-extinguishing equipment as may be necessary for the total control of the fire.

(7) No materials may be burned upon any street, curb, gutter, ditch or sidewalk or on the ice of a pond, stream or water body.

(8) Except for barbecue, gas and charcoal grills, no burning shall be undertaken within 25 feet from any lot line, combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire Chief.

B. Maintenance fires; burning leaves, brush, clean wood and other vegetative debris within the sanitary district. Open burning of leaves, weeds, brush, stumps, clean wood, trees and other vegetative debris is allowed in the Town of Buchanan for areas located within the Darboy Joint Sanitary District No. 1, except in accordance with the following provisions:

(1) Except for campfires and permitted bonfires, open burning shall only be conducted on Saturdays, other than legal holidays, as defined by § 995.20, Wis. Stats., between the hours of 8:00 a.m. and 8:00 p.m.

(2) Open burning under this section shall only be conducted at a location at least 50 feet from the nearest building which is not on the same property.

(3) Open burning under this section shall not be larger than five feet in diameter and the fuel shall not be stacked higher than three feet in height.

C. Maintenance fires; burning leaves, brush, clean wood and other vegetative debris outside the sanitary district. Open burning of leaves, weeds, brush, stumps, clean wood and other vegetative debris is allowed in the Town of Buchanan for areas located outside the Darboy Joint Sanitary District No. 1 only in accordance with the following provisions:

(1) Except for campfires and permitted bonfires, open burning shall only be conducted on Saturdays, other than legal holidays, as defined by § 995.20, Wis. Stats., between the hours of 8:00 a.m. and 8:00 p.m.

(2) Open burning under this section shall only be conducted at a location at least 100 feet from the nearest building which is not on the same property.

(3) Open burning under this section shall not be larger than 10 feet in diameter and the fuel shall not be stacked higher than five feet in height.

§ 290-13 Burn barrels.

A burn barrel may be used in the Town of Buchanan only in accordance with the following provisions:

A. The burn barrel shall not be used to burn any of the prohibited materials listed in § 290-11 of this article and may only be used in accordance with the provisions of § 290-12 of this article.

B. The burn barrel shall be located at least 100 feet from the nearest building that is not on the same property as the burn barrel.

C. The burn barrel shall have vent holes above the ash line for combustion air and shall be covered with a heavy wire screen.

D. The burn barrel shall not serve a commercial or industrial enterprise.

E. The owner of the burn barrel shall obtain an annual permit from the Town in accordance with § 290-15 of this article.

§ 290-14 Fire Department practice burns.

Notwithstanding §§ 290-10 and 290-11 of this article, Buchanan Fire and Rescue may burn a standing building if necessary for fire-fighting practice and if the practice burn complies with the requirements of the Department of Natural Resources.

§ 290-15 Burning permits.

A. No person shall start or maintain any open burning without obtaining a burning permit issued by the Town of Buchanan. The fee for each burning permit shall be paid as listed in the Town of Buchanan Fees and Licenses Schedule.[1]

[1] Editor's Note: The Town Fees and Licenses Schedule is on file in the office of the Town Administrator.

B. An outdoor campfire does not require a permit, provided that the fire complies with all other applicable provisions of this article.

C. The owner or occupant of the property shall obtain an annual burning permit for each burn barrel before using the burn barrel. The fee for each annual burning permit shall be paid as listed in the Town of Buchanan Fees and Licenses Schedule. An annual permit expires on December 31 of each year.

D. When weather conditions warrant, the Fire Chief or the Department of Natural Resources may declare a burning moratorium on all open burning and temporarily suspend previously issued burning permits for open burning.

E. A burning permit issued under this section shall require compliance with all applicable provisions of this article and any additional special restrictions deemed necessary to protect public health and safety.

F. Any violation of the conditions of a burning permit shall be deemed a violation of this article. Any violation of this article or the burning permit shall void the permit.

§ 290-16 Liability.

A person utilizing or maintaining an outdoor fire shall be responsible for all fire-suppression costs and any other liability resulting from damage caused by the fire.

§ 290-17 Right of entry and inspection.

The Fire Chief or any authorized officer, agent, employee or representative of the Town of Buchanan who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this article. (Note: If the owner or occupant of the premises denies access to the property for this purpose, a special inspection warrant may be obtained in accordance with § 66.0119, Wis. Stats.)

§ 290-18 Enforcement; violations and penalties.

A. The Fire Chief, Emergency Manager, Fire Chief designee, Outagamie County Sheriff's Department and Town Administrator are authorized to enforce the provisions of this article.

[Amended 11-10-2016 by Res. No. 2016-05]

B. Any person violating any of the provisions of this article shall be subject to a forfeiture of not less than $200 nor more than $1,000 plus the cost of prosecution. Penalties are doubled for third and subsequent offenses.