Residential Open Burning
** PLEASE NOTE: IMPORTANT CHANGES TO THE BACKYARD BURINING PERMIT PROCESS ** Effective October 1, 2024
After careful consideration, the City Council has directed staff to implement changes to the administrative rules for backyard burning permits, allowing responsible burning to continue under stricter oversight.
The following changes will take effect on ** October 1, 2024 **
- Seasonal Burning Restrictions: There will now be two designated burn seasons:
– Fall: October 1 to December 15
– Spring: March 1 to June 15
Permit holders will be allowed to burn on only one permitted day during each season, within the allowable burn hours.
- Application and Inspection Requirements: For each burn, you must apply for a new permit and pay a $30 fee. A Public Safety Officer will conduct an inspection of your burn pile to ensure compliance with the Department of Environmental Quality (DEQ) and Clackamas County Fire District regulations. The officer will also verify that the pile consists of properly cured vegetative material to ensure a clean, efficient burn that minimizes smoke.
– If your pile fails the inspection, you will be provided with instructions for preparing your pile to meet the required standards. However, a new inspection and permit fee will apply.
- Consequences for Non-Compliance: If you fail to apply for a permit, receive a denial due to an improper pile, or violate burn regulations, your burn privileges will be revoked. You will also face a citation requiring your appearance in Municipal Court.
These changes are designed to allow responsible permit holders to continue burning while reducing the risks associated with improper practices. As a current permit holder, you may continue under the new system; however, you must comply with the updated administrative rules. This includes applying for a permit and paying the fee for each burn, as well as adhering to all DEQ and Clackamas County Fire District regulations to maintain your burning privileges.
The Backyard Burn season will reopen October 1 and is anticipated to run through December 15. City of Happy Valley residents MUST apply for a Backyard Burn permit. Please note, more than one acre of land is REQUIRED.
Backyard burning permits do not apply to recreational fires (campfire, cooking fire or warming fires). Recreational fires are small and to be no larger than three feet in diameter and two feet high. As always, please exercise caution when enjoying fires of a recreational nature.
Residents with agricultural properties who obtain an agricultural permit through the fire district will be exempt from the limited burn days and allowed to burn anytime within the burn season, as appropriate.
*To determine if you live within CFD’s response area, please visit this map: CFD Burn Restriction Lookup. Place your address within the search bar found in the upper left corner. The RED outlined boundary found on the map is Clackamas Fire District’s response area.
Amendment to Administrative Rules:
This exemption amends the city’s current backyard burning rules, ensuring both agricultural operations and large properties with special circumstances can burn safely and effectively within regulated guidelines.
Backyard Burning Exemption for Large Properties and Agricultural Use:
Purpose:
This exemption applies to property owners with more than 1 acre of land, allowing them to burn more frequently under specific circumstances. The exemption is divided into two categories: (1) agricultural operations with an active agricultural burn permit and (2) properties larger than 5 acres or properties over 1 acre with special circumstances requiring additional burn days.
- Agricultural Operations Exemption:
If you own agricultural land and possess an active agricultural burn permit, you are permitted to burn on unlimited days during the burn season, subject to the following requirements:
– DEQ and Fire District Compliance: All burns must comply with the Department of Environmental Quality (DEQ) and Fire District regulations regarding allowed burn days.
– City Burn Permit & Inspection: You must apply for a city burn permit, which will require an initial pile inspection to ensure the following:
– The burn pile is a safe distance from structures.
– An accessible water source is located near the burn site.
– The pile size does not exceed the regulated 10x10x10 dimensions.
– Only permitted materials are in the pile, and it is properly cured and ready for burning.
– Permit Duration: The city burn permit will remain valid for 3 years after the expiration of the agricultural permit, covering all burns within this period. Only the initial application, inspection, and fee will be required.
– Fee: A one-time application and inspection fee of $30 will apply.
- Exemption for Larger Properties or Special Circumstances:
Property owners with parcels larger than 5 acres, or those with properties over 1 acre facing special circumstances (e.g., geographic challenges), may qualify for up to 3 additional burn days per season. This exemption is granted on a case-by-case basis and must meet the following conditions:
– Case-by-Case Approval: Special exemption permits will be reviewed individually. Property owners must demonstrate that burning more frequently is necessary due to safety concerns or geographic constraints, where smaller and more controlled burns are safer and more practical.
– Additional Burn Days: Up to 3 additional burn days per season may be granted, provided that the property owner proves it would be unsafe or impractical to accomplish yard debris removal within the standard limited burn days.
– City Burn Permit & Inspection: You must apply for a seasonal special exemption permit. The initial pile inspection will ensure:
– The burn pile is a safe distance from structures.
– An accessible water source is located near the burn site.
– The pile size does not exceed the regulated 10x10x10 dimensions.
– Only permitted materials are in the pile, and it is properly cured and ready for burning.
– Permit Validity: The special exemption permit will be valid for the entire burn season. Once the initial inspection is complete, no additional inspections are required for each burn within that season.
– Fee: A $30 seasonal application fee will apply, covering the permit and inspection for that burn season.
Complaints related to smoke or burning of trash are to be reported using the DEQ complaint form.
Burn Permit Application
Requirements and Fees
- Prior to burning, call the Daily Burn Message Line at (503) 742-2945 to determine if it is a burn day and the hours in which burning is allowed. All fires must be smoke free by the end of the prescribed burn hours.
- Active Burn Permit. Permit holders will be allowed to burn on ONLY ONE permitted day during each season, within the allowable burn hours.
- $30 fee for new burn permit.
- A Public Safety Officer has conducted an inspection of the burn pile to ensure compliance with the Department of Environmental Quality (DEQ) and Clackamas County Fire District regulations. The officer will also verify that the pile consists of properly cured vegetative material to ensure a clean, efficient burn the minimizes smoke.
- More than ONE acre of land is required to acquire a burn permit.
- Only organic plant materials such as yard, tree, and garden debris may be burned.
- Residents with agricultural properties who obtain an agricultural permit through the fire district will be exempt from the limited burn days and allowed to burn anytime within the burn season, as appropriate.
Prohibited Materials
No person shall cause or allow to be initiated or maintained any open burning of any:
- Garbage
- Plastic
- Wire insulation
- Automobile parts
- Asphalt
- Petroleum products
- Petroleum treated material
- Rubber products
- Animal remains
- Animal or vegetable matter resulting from handling, preparation, cooking, or service of food or any material which normally emits dense smoke or noxious odors
If you have any questions regarding prohibited materials, please call the Department of Environmental Quality Air Quality Division at (503) 229-5263 or (800) 452-4011.
Open Burning Safety Rules
- Open fires must be limited in size, must be controlled, and must not be a hazard to people, property, or standing vegetation.
- No fire may be larger than 10′ x 10′ x 10′ without a special burn permit. A minimum of 25′ clearance from other combustibles or structures is required.
- Combustibles that would contribute to the spread of fire should be removed from around burn piles. The width of the fire break should follow this guideline: pile height plus the pile width, divided by four.
- A garden hose connected to a water supply and a shovel or other approved fire extinguishing equipment must be readily available.
- Burning material shall be constantly attended by a person knowledgeable in the use of the fire extinguishing equipment. An attendant shall supervise the burning material until the fire has been extinguished.
- Burning of materials in any manner where smoke or flame damages or endangers persons or property of others is prohibited.
- All fires shall be extinguished and smoke-free two hours before sunset, unless otherwise specified by the prescribed burn hours on the Burn Information Number (503) 742-2945. No fuels may be added to the fire within two hours before sunset, and the fire shall not be stoked up during this time (so that the fire will cool down during the hours of darkness). The intent is that no open flames are visible at night that may be reported as a hostile brush or structure fire.