5 Colo. Code Regs. § 1001-11-III

Current through Register Vol. 47, No. 24, December 25, 2024

Section 5 CCR 1001-11-III - Open Burning Permit Requirements

A. No person shall conduct any open burning activity not exempted from this regulation without first obtaining an open burning permit from the Division or from an authorized local agency. No person shall burn or allow the burning of rubbish, wastepaper, natural wood, vegetative material, or any other flammable material on any open premises, or on any public street, alley, or other land adjacent to such premises without first obtaining an open burning permit from the Division or authorized local agency.

B. The following activities are exempt from the requirement to obtain an open burning permit:

1. Noncommercial burning of private household trash in particulate matter (PM10) attainment areas unless local ordinances or rules prohibit such burning.

2. Fires used for noncommercial cooking of food for human consumption or recreational purposes;

3. Fires used for instructional or training purposes, except instructional or training wildland pile or broadcast fires larger than the de minimis thresholds of a low-smoke impact burn pursuant to Appendix A of Regulation Number 9;

a. Training or instructional fires must comply with all applicable federal, state and local laws, including the demolition notification requirements in Regulation Number 8, Part B, Section III.E.1 for intentional structural fires.

4. Safety flares used to signal danger to the public;

5. Agricultural open burning

The open burning of animal parts or carcasses is not included in this exemption. Except that, if the State Agricultural Commission declares a public health emergency or a contagious or infectious disease outbreak that imperils the livestock of the state that requires the burning of diseased animal carcasses on weekends or holidays, the owner or operator may conduct open burning of the diseased carcasses after providing telephone notice to the Division and the relevant local health department office by leaving a voicemail message. All necessary safeguards shall be utilized during such non-permitted open burning to minimize any public health or welfare impacts. In addition, the owner or operator shall take steps to ensure that all surrounding and potentially impacted residents, businesses, schools, and churches are notified prior to beginning the open burn; and

6. Noncommercial burning of trash in the unincorporated areas of counties of less than 25,000 population according to the latest federal census provided such open burning is subject to regulations of the Board of County Commissioners for such county adopted by resolution and such regulations include, among other things, permit provisions and prohibit any such burning that would result in the exceedance of any National Ambient Air Quality Standards applicable to that portion of the atmosphere to which the general public has access.

C. Nothing in this regulation shall be construed as relieving any person conducting open burning from meeting the requirements of any applicable federal, state or local requirements concerning disposal of waste materials.

5 CCR 1001-11-III

38 CR 05, March 10, 2015, effective 3/30/2015

43 CR 12, June 25, 2020, effective 7/15/2020

47 CR 06, March 25, 2024, effective 4/15/2024