Tree waste rules in Arkansas: Rule 18 open burning, the land clearing exemption and the yard waste guidance

This page reports what the official source says. It is not legal advice: ask the office named here. It follows Chapter 6 and the definitions of Rule 18, the Arkansas Air Pollution Control Code, as the Commission approved it on February 26, 2016, and two guidance pages from the Arkansas Division of Environmental Quality (DEQ). Rule 18 sets no fine in the chapter on open burning.

The ban

Rule 18.602 bars any person from causing or permitting open burning of refuse, garbage, trade waste or other waste material, and from running a salvage operation by open burning. The Rule 18 definitions describe open burning as a fire in which material burns in the open or in a receptacle with no means of significantly controlling the fuel and air ratio. They define refuse as combustible waste material containing carbon, other than liquid or gases, and trade waste as solid, liquid or gaseous material resulting from construction or from the prosecution of any business, trade or industry, or from demolition.

The exemptions

Rule 18.603 lists activities the ban does not cover. Several touch tree debris.

Controlled fires used only for on-site land clearing operations.
Open burning related to agricultural activities, including clearing previously uncultivated lands and burning stubble and other debris on harvested fields. The exemption does not reach waste from cotton gins or similar equipment, or the burning of fowls or animals.
Controlled fires for forest and wildlife management, burned when winds are blowing away from populated areas that might be affected.
Fires for non-commercial cooking or for ceremonial or recreational purposes, including barbecues and outdoor fireplaces used with a residence.
Open burning of any material not elsewhere prohibited or exempted and with no practical, safe or lawful means of disposal, but only with a letter of authorization from the Director.

Letters of authorization and local permits

Rule 18.605 says the Division issues letters of authorization on application if the applicant shows there are no practicable, safe and lawful alternatives and that open burning is absolutely necessary and in the public interest. It says only letters of authorization from the Division satisfy the chapter, and that local officials may also require burning permits for safety or other purposes, which do not satisfy the Division requirement. Rule 18.604 says that when the Director declares conditions of air pollution, exempted burning such as the agricultural and forest management fires must be discontinued until the Director declares the conditions have ended.

What the Division says about yard waste

The Division's yard waste guidance page, dated July 2020, defines yard waste as grass clippings, tree leaves, gardening waste and shrubbery trimmings collected from residential property, not including household or trade waste. It says Arkansans may generally burn yard waste collected from the property it is grown on, that the practice is strongly discouraged, and that state and local authorities may limit it. It gives these further points.

City or county officials can set local restrictions and a permit procedure, and agencies can issue burn bans for weather or hazards.
By law, open burning can be prohibited in an area or statewide when it becomes a local nuisance, creates a fire or safety hazard, or the Division believes it could push air past the National Ambient Air Quality Standards.
For a first complaint a Division inspector makes an educational visit, with a warning letter if burning continues and enforcement action possible after further violations.
The page lists chipping, mulching, curbside pickup and composting as alternatives to burning.

The Division's air frequently asked questions page adds that burning tied to land clearing is acceptable as long as it takes place where the material was cleared, and that Act 1151 of 1997 strongly discourages open burning of yard waste.

For other places see the table on tree waste and chip rules. Neighbouring Tennessee is on tree waste rules in Tennessee, and Missouri is on tree waste rules in Missouri.