New Ordinance Puts Limits On Outdoor Burning In City

With Fall comes sometimes dry weather conditions and wind – together these could spell trouble for citizens who burn leaves and other vegetation.

In June the Canton City Council passed Ordinance 2008-11 which regulates outdoor burning in the city limits.

"The city had an ordinance that you weren’t allowed to burn in the city limits, but it was not enforceable through the law. It had no teeth," Canton Fire Chief Charles Bazhaw said. "At the end of the ordinance it said no other action would be taken by law enforcement."

The new ordinance regulates burning by setting guidelines, authorization and penalty.

"This (ordinance) was put in place to give the city a little control over people burning inside the city limits," he said.

Citizens will now be required to purchase a permit from the fire department for $10 for domestic burning and $200 for commercial burning. This permit fee is non-refundable, but good for five days.

"People are going to want to start cleaning their yards up and I just want to be able to get the word out as best we can, so people are made aware of it," Bazhaw said.

He explained that once a permit is obtained, the site is inspected by the fire department.

In Section 3-2 it states that, "The location for the open burning shall not be less than 50 feet from any structure and provision shall be made to prevent the fire from spreading to within 50 feet of any structure…"

It further states, "The fire must be attended at all times until the fire is extinguished and the ashes are cooled or covered.

Wind speeds must be maintained from six miles per hour to 20 mph and atmospheric and humidity levels (above 50 percent humidity) must be met.

On-site provisions must be met to keep the fire from spreading. A minimum 4-A rating fire extinguisher, or other approved fire extinguishing equipment such as a water hose, earth moving equipment, dirt, sand or water barrel shall be on site and available for immediate use.

The burn may not include any asbestos, plastics or petroleum products (tires, rubber, etc.) or miscellaneous hazardous materials as defined by the TCEQ (Texas Commission on Environmental Quality) as now written or as hereafter amended. Domestic waste (household trash and rubbish) may not be burned. Burning is limited to "waste plant growth" which may be burned on the property on which the material grew. "Waste Plant growth" may be grass, leaves, branch trimmings or other plant growth.

Burning may only be conducted from dawn to dusk.

Burn permits must remain available on site for the duration of the burn."

Bazhaw said the need for a new ordinance came after neighbors began complaining on neighbors.

"The problem we got into was the neighbor would call and complain on their neighbor and we would go out to somebody’s house, and they knew there was an unenforceable law, and there was nothing you could do about it," Bazhaw said.

The ordinance Bazhaw said was developed under TCEQ guidelines and written by Canton Code Enforcement Officer Coy Prather and Bazhaw.

Bazhaw said it is important for people to understand what they can and can not burn. No petroleum or petroleum based products can be burnt and that includes no tires or rubber, or non house hold trash.

"Basically a good rule of thumb is if it is grown on your property, you can burn it," Bazhaw said. "Trees, shrubs, leaves, and if people want to pull up their garden and burn it….that’s it."

Anyone found in violation of the ordinance could be fined up to $200.

The ordinance is enforceable immediately and a copy of it is available at the fire department.

For questions about the new ordinance call the fire department at (903) 567-6477.