Tree waste rules in Idaho: open burning categories, prohibited materials and the closed fire season permit

This page reports what the official source says. It is not legal advice: ask the office named here. It covers the burning of woody debris. The air rules are the Department of Environmental Quality's "Rules for the Control of Air Pollution in Idaho", IDAPA 58.01.01, in the version on the Idaho administrative rules site that carries 2025 date marks. The county, city and fire district rules are separate.

The general rule on open burning

As published, the air rule text defines open burning in section 600 as burning of matter where the products of combustion are emitted directly into the ambient air without passing through a stack, duct or chimney. Section 603 says no person may allow, cause or permit any open burning unless the materials burned fall within an allowable category in sections 606 to 624 and do not contain any of the prohibited materials listed in 603.01. Section 601 says compliance does not excuse anyone from other laws and ordinances on fire control or hazardous material disposal, or from liability for damages. Section 602 says the rules do not stop a city, county or other body from setting equal or more stringent control within its own jurisdiction.

Prohibited materials

Section 603.01 lists these materials as not allowed in the fires.

Garbage as defined in the solid waste rules, dead animals, animal parts and animal wastes, with an exception in section 616.
Motor vehicles or parts, and materials from a salvage operation.
Tires or other rubber materials, plastics, asphalt or composition roofing, tar, tar paper, waste or heavy petroleum products, and paints.
Treated lumber or timbers coated with preservatives, paints or other protective material.
Trade waste, defined as any solid, liquid or gaseous material from construction or demolition of a structure or from running a business, trade or industry. The rule names wood product industry waste such as sawdust, bark, peelings, chips, shavings and cull wood, except as specifically allowed in sections 600 to 624.
Insulated wire, pathogenic wastes, and hazardous wastes under the state hazardous waste rules.

Section 603.02 adds that no open burning may happen during any level of an air quality episode the Department has declared. Section 603.03 gives the Department authority to require immediate abatement of open burning in an emergency.

Categories that touch woody debris

Recreational and warming fires (607): fires for food or recreation, and small fires for hand warming. A small fire is one whose material is not more than four feet in diameter nor more than three feet high.
Residential yard waste fires (611): fire used for disposal of yard waste at residential locations, so long as the burning is on the property where the yard waste was generated and is not prohibited by local ordinances or rules.
Orchard fires (613): disposal of orchard clippings when the burning is on the property where they were generated.
Prescribed fire (614): the definition includes disposal of slash and woody debris from any land management activity, such as a logging operation, clearing of rights of way, a land clearing operation or a driftwood collection system. Where a burning permit or fire plan is required by the Department of Lands, the Forest Service or another land agency, the rule requires the person to meet its conditions that control smoke. Where none is required, the rule requires a smoke management plan for prescribed fire.
Rights-of-way fires (614.04): the rule says woody debris generated by clearing rights of way is open burned under section 38-125 of the Idaho Code and sections 606 to 616 of the air rules.
Dangerous material fires (615): fires ignited under the direction of a public or military fire chief for materials that present a danger to life, valuable property or the public welfare, or to prevent a fire hazard when there is no practical alternative.

Closed fire season: section 38-115

Section 38-115 of the Idaho Forestry Act, as shown on the Idaho Legislature statute page, names May 10 to October 20, inclusive, the closed season. During it, the statute says it is unlawful to set a fire in any slashing area, to any stump, log or down or standing timber, or on forest or range lands or dangerously near them, or in any field in a forest protective district, without first getting a permit from the fire warden of the district. It makes campfires an exception where campfires have not been prohibited during critical hazard periods and section 38-116 is followed. Each permit sets its own conditions. The statute lets the fire warden refuse or revoke permits and says permits obtained by misrepresentation are invalid. It lets the director extend the closed season in unusual fire danger and suspend all permits. A violation of the section is a misdemeanor.

The Department of Lands rule IDAPA 20.04.01, Rules Pertaining to Forest Fire Protection, defines the closed fire season in section 010 as May 10 to October 20 or as designated by the Director. Section 060 says permits for open fires are required from May 10 through October 20 each year, that none is issued to cover more than ten days, and that each permit carries the terms and conditions the Director considers necessary. The rule's definition of forest operation includes slash management, including chipping, grinding or other mechanized reduction. Section 050 deals with woodworking plants within 500 feet of forest land that burn refuse wood.

For other states see the tree waste rules overview.