A. Burning Permit Required: Subject to exceptions in this chapter, persons shall obtain a written county burning permit which shall be filled out completely before starting a fire in the unincorporated areas of the county during the open fire season which is March 1 through May 30 and November 1 through November 15.
1. During the permitted burn season, it is a class B misdemeanor to set on fire, or cause to be set on fire, any flammable material on any forest, brush, range, grass, grain, stubble, or hay land without:
a. First securing a written permit from the county fire warden, chief fire officer or official of each fire protection entity that is responsible for providing fire protection services in the unincorporated areas of the county; and
b. Complying fully with the terms and conditions prescribed by the permit.
B. Permits are subject to the following conditions:
1. Materials must be dry and reasonably free of dirt.
2. When atmospheric conditions (clearing index of 500 or greater) indicate it is satisfactory to burn. (This information can be obtained through Kanab Dispatch 435-644-2668 or the National Weather Service Website: https://www.weather.gov/slc/ClearingIndex.)
3. Burning shall not be done when atmospheric conditions of local circumstances make such fires hazardous, i.e., high winds, red flag, etc.
4. Burning shall be done at a distance of more than fifty feet (50') from any building, structure, or other combustibles.
5. An adequate water supply or other fire extinguishing equipment shall be available.
6. The burning area shall be constantly attended by a competent person and shall be completely extinguished before being left. All fires shall be completely extinguished before dark.
7. Applicant must be in legal control of the land on which the burning is to take place.
8. Approved fuel breaks shall be established between the controlled burning area and any endangered property. (The width of fuel breaks shall be determined by height, type, and amount of growth, wind conditions, geographical conditions, and type of exposure.)
9. Adjacent neighbors shall be notified prior to burning.
10. Such burning shall not pose a threat to forest, range, or watershed lands.
11. When burning is not on the same day the permit is issued or the permit is for more than one day, notification by applicant to dispatch and the local fire department is required on each day of burning.
12. Absolutely no burning of tires, oils, dead animals, trash, rubbish, plastic products, coated wire, or building products. Items not grown on the property cannot be burned.
C. 1. A burning permit is subject to the laws of the State of Utah, Kane County, and the conditions stated upon or attached to the permit. The county fire warden, chief fire officer or official of each fire protection entity that is responsible for providing fire protection services in the unincorporated areas of the county, and the county sheriff or his deputies may refuse, revoke, postpone, or cancel permits when they find it necessary in the interest of public safety.
2. The burning permit does not relieve an individual from personal liability due to neglect or incompetence. A fire escaping control of the permittee that necessitates fire control action or does injury to the property of another is prima facie evidence that the fire was not safe. Any person responsible for the existence or spread of fire necessitating suppression action shall be liable for the payment of suppression costs.
3. Failure to notify the nearest fire department (jurisdiction) and Kanab Dispatch of the burning as required by this section is a class B misdemeanor.
4. A burning conducted in accordance with subsection B is not a reckless burning under section 76-6-104 unless the fire escapes control and requires fire control action. Burning barrels and burning in closed containers is prohibited.
D. 1. Burning permits will be issued only when in compliance with the Utah Air Conservation Regulations. The following regulations must be met with each permit issued:
a. The permit is not valid and operative unless the clearing index is five hundred (500) or above. The clearing index is determined daily by the U.S. Weather Bureau and available on the National Weather Service Salt Lake City Weather link. It can also be obtained by calling the NWS Salt Lake City, (801) 524-5133 or by contacting your local fire department or county fire warden.
b. A permit may be extended one day at a time, without inspection upon request to the issuing officer. The request must be made before expiration of the permit.
2. Burning permits shall not be issued when red flag conditions exist or are forecasted by the National Weather Service. Every permittee is required to contact the National Weather Service to assure that a red flag condition does not exist or is not forecasted. Permits are not valid or operative during declared red flag conditions.
3. During the permitted burn season, the state fire warden, chief fire officer or official of each fire protection entity that is responsible for providing fire protection services in the unincorporated areas of the county may postpone, revoke, or deny burning permits due to environmental conditions, public nuisance, incompetency by the petitioner, or risk to public safety.
E. Penalties: Any violation of this section shall be punishable as a class B misdemeanor in accordance with Kane County ordinance 1-4-1. (Ord. O-2021-22, 6-8-2021)