OAR 340-264-0010
How to Use These Open Burning Rules
(1)
This division classifies all open burning into one of seven classes: Agricultural; Commercial; Construction; Demolition (which includes land clearing); Domestic (which includes burning commonly called “backyard burning” and burning of yard debris); Industrial; or Slash. Except for field burning within the Willamette Valley regulated through OAR 340 division 266 and slash burning administered by the forest practices smoke management plan of the Oregon Department of Forestry, this division prescribes requirements for and prohibitions of open burning for every location in the state. Generally, if a class of open burning is not specifically prohibited in a given location, then it is authorized subject to OAR 340-264-0050 (General Requirements Statewide) and 340-264-0060 (General Prohibitions Statewide) and the requirements and prohibitions of local jurisdictions and the State Fire Marshal. In addition, some practices specifically mentioned in OAR 340-264-0040 (Exemptions, Statewide) are exempted from this division.(2)
Organization of rules:(a)
OAR 340-264-0020 (Policy) is the Policy statement of the EQC setting forth the goals of this division;(b)
OAR 340-264-0030 (Definitions) contains definitions of terms that have specialized meanings within the context of this division;(c)
OAR 340-264-0040 (Exemptions, Statewide) lists specific types of open burning and practices that are not governed by this division;(d)
OAR 340-264-0050 (General Requirements Statewide) lists general requirements that usually apply to any open burning governed by this division;(e)
OAR 340-264-0060 (General Prohibitions Statewide) lists general prohibitions that apply to most open burning;(f)
OAR 340-264-0070 (Open Burning Conditions) establishes the open burning schedule based on air quality and meteorological conditions as required by ORS 468A.570 (Classification of atmospheric conditions);(g)
OAR 340-264-0075 (Delegation of Authority) allows the delegation of some or all of the open burning authority to be administered by a local jurisdiction;(h)
OAR 340-264-0078 (Open Burning Control Areas) contains the legal description of Open Burning Control Areas and maps that generally depict these areas;(i)
OAR 340-264-0080 (County Listing of Specific Open Burning Rules) indexes each county of the state to a specific rule giving specific restrictions for each class of open burning applicable in the county;(j)
OAR 340-264-0100 (Baker, Clatsop, Crook, Curry, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur, Morrow, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties) through 340-264-0170 (Coos, Douglas, Jackson and Josephine Counties) are rules that give specific restrictions to open burning for each class of open burning in the counties named in each rule;(k)
OAR 340-264-0180 (Letter Permits) provides for a letter permit authorization for open burning under certain circumstances in which open burning otherwise would be prohibited.(3)
Use of this division will be made easier by the following procedure:(a)
Read OAR 340-264-0050 (General Requirements Statewide) and 340-264-0060 (General Prohibitions Statewide) to understand general requirements and prohibitions that apply to all burning governed by this division;(b)
In OAR 340-264-0030 (Definitions) read the definitions of Agricultural, Commercial, Construction, Demolition, Domestic and Industrial open burning plus the definitions of land clearing and yard debris to determine the type of burning of concern. Also read 340-264-0040 (Exemptions, Statewide) to determine if the type of burning is exempted from this division;(c)
Locate the rule in OAR 340-264-0100 (Baker, Clatsop, Crook, Curry, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur, Morrow, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties) through 340-264-0170 (Coos, Douglas, Jackson and Josephine Counties) that governs the county in which burning is to take place. OAR 340-264-0090 is an index to the county rules;(d)
Read the sections of the county rules that apply to the type of burning to be accomplished;(e)
If not prohibited by this division, obtain a fire permit from the fire district, county court or county commissioners before conducting any burning;(f)
If the type of burning proposed is prohibited by this division, refer to OAR 340-264-0180 (Letter Permits), Letter Permits, for a possible alternative.
Source:
Rule 340-264-0010 — How to Use These Open Burning Rules, https://secure.sos.state.or.us/oard/view.action?ruleNumber=340-264-0010.