(23) "Residential Land Clearing" is a land clearing
operation that is conducted by a landowner or an individual
contracted by the landowner for the purpose of clearing vegetation on the property for
not more than two family units. The removal and destruction
of shade trees due to storm or insect damage and the clearing of
vegetation to enhance property value and aesthetics, is included
as a residential land clearing operation.
(24) "Rural Land Clearing" is any land clearing
conducted in areas other than urban service areas or residential
areas, incorporated
or unincorporated cities or towns, or in any rural areas as
designated by the Department and shall not include any land clearing
operation that is associated with silvicultural or agricultural
activities.
(25) "Rural Land Clearing Debris" is uprooted or
cleared vegetation resulting from a land clearing operation and does
not include yard trash.
(26) "Silviculture" is that phase of forestry dealing
with the establishment, development, reproduction, and care of
forest flora and fauna.
(27) "Smoke Sensitive Areas" are areas within which,
for reasons of visibility, health or human welfare, smoke could have
an adverse impact.
(28) "Spreading" continued lateral movement of the fire
into unburned fuel.
(29) "Sunset" is official sunset as set forth by the U.
S. Naval Observatory (tables are available at National Weather
Services offices).
(30) "Surface Wind Speed" is wind speed measured 20
feet above the average local vegetation. Wind speeds supplied by the National Weather Service are
"Surface Wind Speeds".
(31) "Transport Wind Speed" is a measure of the average
rate of the horizontal movement of air throughout the mixing layer.
(32) "Trash" means construction or demolition debris,
and other debris such as paper, cardboard, cloth, glass, street
sweepings, vehicle tires and other like matter.
(33) "Windrow" means a long row of vegetative material
originating on the site left to dry before burning.
(34) "Yard Trash" means vegetative matter resulting
from landscaping and yard maintenance operations and includes
materials such as tree and shrub trimmings, grass clippings, palm fronds, trees and
tree stumps.
Specific Authority 570.07(23),(28), 590.125(3)(e) FS. Law
Implemented 570.07(28), 570.548, 590.02(1)(b), 590.125(2), (3) FS.
History–New 7-1-71, Formerly 17-5, 7-1-75, 5I-2.03, Amended 1-9-91, 8-9-93, 8-16-95,
10-18-99.
5I-2.004 Open Burning Not Allowed.
(1) Listed below are the types of open burning not allowed in
Florida:
(a) Any open burning not allowed by Rule Chapters
5I-2, 62-256, F.A.C. or Chapters 590 and 403, Florida Statutes.
(b) Open burning of tires, rubber material,
Bunker C residual oil, asphalt, roofing material, tar, railroad
cross ties, other creosoted lumber, plastics (except for those authorized in
subsection 62-256.700(6), F.A.C. and Section 403.707, F.S.),
garbage, or trash other than yard trash and household paper products.
(c) Open burning that reduces visibility at a
public airport.
(d) Open burning when the Department of
Environmental Protection (DEP) determines that ambient air
concentrations of total regulated particulate matter or ozone exceeds or potentially may
exceed the primary or secondary standards for these pollutants or
DEP issues an air quality/stagnation advisory that pertains to the
National Ambient Air Quality Standards (NAAQS).
(e) Open burning during a National Weather
Service Air Stagnation Advisory.
(f) Open burning which reduces visibility on
public roadways to less than one thousand feet (1000) unless the
regulating authorities have given their permission to control traffic.
(g) Burning in smoke sensitive areas between one
hour before sunset and 9:00 a.m. the next day.
(h) All open burning when the fire poses a threat
to public health, safety, and property protection.
(2) Open burning authorizations will be denied to any burner who
repeatedly violates Florida law or agency rules. This denial remains in effect until the concern that caused the denial has
been mitigated in consultation with the Division of Forestry field
unit manager.
(3) Open burning whenever atmospheric or meteorological
conditions indicate improper dispersion of smoke that threaten public health, safety, or general welfare, or which would obscure
visibility of vehicular or air traffic, or violates the condition of the
authorization, or burning prescription.
Specific Authority 570.07(23),(28) FS. Law Implemented
570.07(28), 570.548, 590.02(1)(b), 590.125(2), (3) FS. History–New
7-1-71, Formerly 17-5, 7-1-75, 5I-2.04, Amended 9-8-93, 8-16-95, 10-18-99.
5I-2.006 Open Burning Allowed.
(1) Open Burning in General. Authorization must be obtained from
the Florida Division of Forestry for burns relating to
agriculture, silviculture and rural land clearing on the same day
the burn is to take place or after 4:00 p.m. of the previous day.
The Division of Forestry may set special requirements for authorizations
in order to protect public safety, including but not limited to on site inspections. Any authorized burn that goes out of compliance
will be allowed a maximum of two hours to be brought into compliance by the person responsible. In the event that the Division
determines that there is a threat to life, public safety or property, immediate suppression action will be taken.
(a) Non-Certified Daytime Authorizations will be
issued for the burning to be conducted from 9:00 a.m. and the fire
must discontinue spreading one hour before sunset except for Certified
Prescribed Burn Mangers.
(b) Non-Certified Nighttime Authorizations will
be issued with a Dispersion Index of 8 (except for Certified
Prescribed Burn Managers) for the burning to be conducted between one hour before
sunset and 9:00 a.m. Ignition of these fires is authorized up to midnight, however the fire can continue to spread until 9:00 a.m.
the following day. If additional time is required a new authorization (daytime) must be obtained from the Division.
(2) Open Burning for Certified Prescribed Burn Managers. (All
burning conducted under this section must relate to Silviculture, Wildlife Management, Ecological Maintenance and
Restoration, and Range Management. Burning in accordance with
this section entitles the burner to the protection offered in Section
590.125(3)(c), Florida Statutes.) Open burning authorizations
under this section require the Certified Prescribed Burn Manager’s
certification number be presented at the time of the request, and
that a Certified Prescribed Burn Manager be on site for the entire
burn.
(a) Prescription. A prescription for the burn
must be on site and available for inspection by a Department
representative. The prescription will contain, as a minimum, the following:
1. Stand or Site Description;
2. Map of the area to be burned;
3. Personnel and equipment to be used on the prescribed burn;
4. Desired weather factors, including but not
limited to surface wind speed and direction, transport wind speed
and direction, minimum mixing height, minimum relative humidity, maximum
temperature, and fine fuel moisture;
5. Desired fire Behavior Factors, such as type of
burn technique, flame length, and rate of spread;
6. The time and date the prescription was
prepared;
7. The authorization date and the time period of
the authorization;
8. An evaluation and approval of the anticipated
impact of the proposed burn on related smoke sensitive areas;
9. The signature and number of the Certified
Prescribed Burn Manager.
(b) Open Burning Hours
1. Daytime Authorizations will be issued for the
burning to be conducted from 9:00 a.m. and the fire must discontinue
spreading one hour after sunset.
2. Nighttime Authorizations will be issued with a
Dispersion Index of 6 or above for the burning to be conducted
between one hour before sunset and 9:00 a.m. the following day. Ignition of
these fires is authorized up to midnight, however the fire can
continue to spread until 9:00 a.m. the following day. If additional
time is required a new authorization (daytime) must be obtained
from the Division. The Division may issue authorizations at other
times, in designated areas, when the Division has determined that
atmospheric conditions in the vicinity of the burn will allow good
diffusion and dispersement of air pollutants, and the resulting
smoke from the burn will not adversely impact critical smoke
sensitive areas, e.g., highways, hospitals and airports.
(c) Burn Manager Certification Process.
Certification to become a Certified Prescribed Burn Manager is
accomplished by:
1. Satisfactory completion of the Division of
Forestry’s Prescribed Fire Correspondence Course and direct
experience in three prescribed burns prior to taking the course or;
2. Satisfactory completion of the Florida
Inter-Agency Basic Prescribed Fire Course and direct experience in
three prescribed burns.
3. In order to continue to hold the Division of
Forestry Prescribed Burn Manager Certification the burner must
comply with paragraph 5I-2.006(2)(d), F.A.C., or Division Certification will
terminate five years from the date of issue.
(d) Certification Renewal.
1. Participation in a minimum of eight hours of
training every five years relating to the subject of prescribed
fire, or participation in a North/Central Prescribed Fire Council or South
Florida Fire Council Meeting, and
2. The Certified Prescribed Burn Manager has
submitted their certification number for two completed prescribed
burns in the preceding five (5) years, or
3. Participation in five (5) burns and have this
documented and verified by a current Certified Prescribed Burn
Manager, or
4. Retaking either the Prescribed Fire
Correspondence Course or the Inter-Agency Basic Prescribed Fire
Course.
(e) Decertification. The Commissioner of
Agriculture will revoke any Certified Prescribed Burn Manager’s
certification if they demonstrate that their practices and procedures repeatedly violated
Florida law or agency rules or is a threat to public health, safety, or property.
(3) Pile/Windrow Burning.
(a) General. Piles or windrows shall not have
visible flame one hour before sunset or anytime thereafter, except
in smoke sensitive areas where the piles must be completely extinguished one
hour before sunset. The size and number of piles shall be dictated by the materials to be burned and the time available for
burning.
1. The moisture content and composition of the
materials to be burned shall be favorable to good burning which will
minimize air pollution. The amount of dirt in the piles or rows shall be
minimized to enhance combustion and reduce emissions.
2. The pile burning must be set back one hundred
(100) feet from any paved public highway and the prevailing winds
will direct the smoke away from any occupied buildings or roads.
(b) Agriculture and Silvicultural Pile/windrow
burning must be set back three hundred (300) feet from any occupied
building except the landowner’s buildings.
(c) Rural Land Clearing. Open burning of wooden
material or vegetation generated by a land clearing operation is
allowed provided that all of the following conditions are met:
1. The open burning meets one of the following
setback requirements:
a. Residential Land Clearing must be set back
three hundred (300) feet or more away from any occupied building for
residential land clearing, and clearing for residential enhancement
of property value and aesthetics, or
b. Non-Residential with Air Curtain must be
setback three hundred (300) feet or more from any occupied building
if an air curtain incinerator is used, or
c. Non-Residential without Air Curtain must be
setback one thousand (1000) feet or more away from any occupied
building if air curtain incinerator is not used and the operation is not
residential land clearing, or
d. Exception to Setbacks – An exception to the
setbacks in sub-subparagraph 5I-2.006(3)(c)1.a.,b., and c.,
F.A.C., will be granted if the affected parties agree in writing to allow the burn
to take place.
2. The use of Air Curtain Incinerators is allowed
for the combustion of land clearing debris. No Department of
Environmental Protection permits are required for air curtain incinerators that
are designed and used as portable units and that will operate on any
one site for less than six months in any year. Prior authorization
to use a portable Air Curtain Incinerator must be obtained from the
Division of Forestry. Operation of portable Air Curtain Incinerators
shall be authorized provided that the following conditions are met:
a. Pit width, length, and side walls shall be
properly maintained so that the combustion of the waste within the
pit will be maintained at an adequate temperature and with sufficient air
re-circulation to provide enough residence time and mixing for
complete combustion and control of emissions. Pit width shall not
exceed twelve (12) feet, and vertical side walls shall be maintained.
b. No waste will be burned above the level of the
air curtain in the pit.
c. Excessive visible emissions are not allowed
except for a period of up to 30 minutes during start ups and
shutdowns.
3. Air Curtain Incinerators that are intended to
be stationary units, i.e., continuously operate at one site for more
than six months, or operate at any Department of Environmental Protection (DEP)
permitted land-fill, must comply with the requirements
of subsection 62-296.401(6), F.A.C., in effect on July 7, 1995,
Florida Administrative Code.
4. Exceptions to the setback requirements from
occupied buildings shall be granted by the Division of Forestry when
the applicant obtains a signed written statement from every affected
resident within the setback area that waives their objections to the
open burning associated with the land clearing operation and
presents the statement to the Division of Forestry 48 hours in
advance of the burning.
(d) Any open burning that is allowed by this
chapter is restricted to the site where the material was generated
and such material shall not be transported to another property to be open burned,
unless the rural land clearing debris has been generated by the
person, or their agent, who owns the property where it was generated
and to where it is transported, or operates an Air Curtain
Incinerator provided that the following conditions are met:
1. It will be transported to property that is
owned or leased by the person who generated the land clearing
debris, and will not exceed 6 months from the date of the initial authorization and
2. Meets a setback distance of three hundred
(300) feet from occupied buildings for Air Curtain Incinerators with
vertical refractory-lined walls and with forced under draft air, or
3. Meets a setback distance of one thousand
(1000) feet from occupied buildings for all other Air Curtain
Incinerators or
4. Meets a setback distance of one thousand
(1000) feet from occupied buildings for land clearing debris burned
without an Air Curtain Incinerator.
(4) Open Burning Exceptions. The Director of the Division of
Forestry is authorized to grant exceptions to the open burning
rules within Chapter 5I-2, F.A.C., in the event of an emergency that
would require the destruction of vegetative debris in the most
expeditious means possible. Examples would include the burning of
vegetative matter resulting from an insect or disease
infestation, or the debris resulting from storm damage e.g.,
hurricanes or tornados.
Specific Authority 570.07(23),(28), 590.125(3)(e) FS. Law
Implemented 570.07(28), 570.548, 590.02(1)(b), 590.125(2),(3) FS.
History–New 7-1-71, Formerly 17-5, 7-1-75, Formerly 5I-2.06, Amended 1-9-91, 9-8-93, 8-16-95,
10-18-99.
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