Kansas Flint Hills Smoke Management

Regulations

Kansas Administrative Regulation (K.A.R.) 28-19-645a, Open Burning Restrictions for Certain Counties During the Month of April, is a new regulation in support of the State of Kansas Flint Hills Smoke Management Plan (SMP) that was formally adopted by the Kansas Department of Health and Environment (KDHE) on December 29, 2010. 

Burning that will continue to be allowed in these counties during April include agricultural burning related to the management of prairie or grasslands (range or pasture management) and conservation reserve program (CRP) burning activities. Restricted activities include burning of materials such as land clearing debris, crop residues, construction debris, fire fighter training burns, and yard waste.

Existing exemptions in K.A.R. 28-19-647(a)(1) and (a)(2) have been retained in the proposed new regulation as K.A.R. 28-19-645a(b)(2) and allow for the following:

(1) open burning on a residential premise containing five or less dwelling units and incidental to the normal habitation of the dwelling units; and

(2) open burning for cooking or ceremonial purposes on public or private lands regularly used for recreational purposes. Other exemptions may be considered on a case-by-case basis for certain activities, of which the burning of storm debris would be a good example of a possible qualifying exemption.

Burn activities not explicitly exempted in the new regulation will be subject to review and approval by the KDHE. Any proposed burn activity must be proven to be necessary, to be in the public interest, and not to be prohibited by any local government or local fire authority.

April burn activities involving non-agricultural land clearing debris and construction debris in Johnson, Wyandotte, and Sedgwick counties will be subject to review and approval by the respective local authorities.

• Smoke Management Plan Kansas Department of Health and Environment Bureau of Air - (PDF)
• April Burning Restrictions - (PDF)
• April Burning Restrictions-Frequently Asked Questions - (PDF)
• Kansas Open Burning Regulations - (PDF)

The regulations will apply to the following 16 counties: