Tree waste rules in Mississippi: rule 1.3(G) open burning, land clearing buffers and Forestry Commission burn bans

This page reports what the official source says. It is not legal advice: ask the office named here. It follows Rule 1.3(G) of the air emission regulations, 11 Mississippi Administrative Code, Part 2, Chapter 1, in the version amended May 24, 2018 that the Department of Environmental Quality (MDEQ) publishes, MDEQ's open burning fact sheet, and two pages from the Mississippi Forestry Commission (MFC).

The ban and its exceptions

Rule 1.3(G) prohibits open burning of solid waste from homes, businesses, institutions and industry, except as the rule specifies. The ban does not reach infrequent field burning of agricultural wastes, silvicultural wastes burned for forest management, land-clearing debris, debris from emergency clean-up operations and ordnance. MDEQ's open burning page says the department does not issue open burning permits, that the standards in the chapter must be followed, and that permits for agricultural and silvicultural burning come from the MFC. Its fact sheet lists what is generally prohibited: solid waste, garbage and rubbish containing garbage, hazardous waste, plastic and vinyl, rubber tires and residential structures.

Land-clearing debris

Rule 1.3(G)(2) sets the conditions for burning land-clearing debris.

No starter or auxiliary fuels that cause excessive smoke, such as rubber tires or plastics.
No burning where local ordinances prohibit it, where it causes a traffic hazard, or where the Forestry Commission has declared a High Fire Danger Alert or the Executive Director has imposed an Emergency Air Pollution Episode Alert.
No burning within 500 yards of an occupied dwelling without a forced-draft air system. With a forced-draft system on all fires, burning may be done within 500 yards of a dwelling but not within 50 yards.
No burning within 500 yards of a commercial airport, a private air field or a marked off-runway aircraft approach corridor, unless the airport authority, owner or operator gives written approval.

Rule 1.3(G)(5) bars the burning of agricultural and silvicultural wastes, land-clearing debris and residential yard waste in a county when the Executive Director declares an Air Quality Action Day there.

Agricultural and forestry burning

Under Rule 1.3(G)(1), field and forest management burns need a permit from the Mississippi Forestry Commission and must take place in a period that allows adequate diffusion of pollutants, as set by the permit and the daily weather guides. Starter fuels are limited to dried vegetation and gasoline, kerosene or diesel type fuels. The MFC burn permit page says its permits cover forestry and agriculture burns only, and that residential, land clearing or storm debris burning follows local ordinances and MDEQ guidelines. It lists reasons a permit may be denied, including a county burn ban, red flag fire weather, an air quality alert and a poor smoke dispersion forecast.

Yard waste

Rule 1.3(G)(4) applies the ban to residential leaves and yard waste, unless MDEQ has deferred to a county or municipal ordinance that it has approved. Approved ordinances must require burning on the residential property where the waste came from, protect air quality, restrict burning on Air Quality Action Days, and include fire safety restrictions coordinated through the Forestry Commission in dry weather. MDEQ's fact sheet adds that after severe weather it may approve exceptions for vegetation-only emergency clean-up debris once a local government declares an emergency and applies.

Burn bans

The MFC burn bans page says county boards of supervisors normally request burn bans and the Commission approves them. A ban means no outdoor burning of any kind, including bonfires, burn barrels and debris burning, with each ban listing its exemptions, such as certified burn managers or commercial contractors with heavy construction equipment whose burn meets MDEQ regulations. The local sheriff's department enforces it. The page says a person who knowingly and willfully breaks a ban commits a misdemeanor, with a fine of US$100 to US$500 under section 49-19-351 of the Mississippi Code.

For other places see the table on tree waste and chip rules. Neighbouring states are on tree waste rules in Alabama and tree waste rules in Tennessee.