Backyard Burning

For Daily Burn Information Please Call our Daily Burn Line 503 266-1195

Fire District Management Levels

For a better understanding of the color level and management system please read more here:

Burn Levels Explained

 If after reading the regulations you would like to report an illegal or unauthorized burn,
call 503-266-5851 or after hours call the non-emergency number: 503-655-8211
For air quality concerns contact DEQ 503-229-5393
Or visit their website to make complaints at
http://www.deq.state.or.us/complaints/ .

Regulations

Under Oregon laws, outdoor burning is regulated by the Department of Environmental Quality for pollution concerns, the Department of Forestry when our forests or timber is affected, and the Fire Department for Fire & Life Safety concerns. Canby Fire District is required to comply with the Oregon Fire Code, ORS 478 and O.A.R. Chapter 340, Rules for Open Burning.

Canby Fire issues permits for some Agricultural and Special burning conditions. D.E.Q. prohibits burning of any materials at Commercial, Industrial, Multi-Family Dwellings (5 or more units), and all Construction sites.

Canby fire will close burning on days when weather conditions cause high fire danger. The State Fire Marshal may also restrict burning during extreme fire season conditions. Please use safe burning practices at all times to prevent wildfires.

To minimize air pollution resulting from outdoor burning, D.E.Q. has prescribed specific burning seasons. Each day the authority to burn may be granted or restricted depending on the air quality.

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Residential/Backyard Burning Requirements

Yard, Tree and Garden debris

  1. Residential permits are not required by Canby Fire. However, compliance with these guidelines is required.
  2. Residential burning may only be conducted during the Open Burn Seasons. These include March 1st – June 15th and October 1st – December 15th.
  3. Burning before 8:00am or outside of the allowed hours is prohibited by D.E.Q. Fires must be out two hours before sunset
  4. Only materials such as yard and garden debris and tree trimmings may be burned. See the list of Prohibited Materials that cannot be burned

Special Permit Requirements

Special permits may be issued for large piles of combustible debris such as tree stumps that have been removed from the ground as agricultural waste, yard debris or slash. Burning of demolition waste is prohibited without a Letter Permit from D.E.Q. Compliance with the Open Fire Safety Rules and the following are required.

  1. Special Permits are approved only for burning of items that will require burning for more than one day.
  2. The maximum time allowed to burn with this permit is 15 days. No more than 30 days at one address will be approved in a one-year period. The fire official will determine the number of days allowed based on the conditions and the size of the burn pile.
  3. Burn materials shall be ignited on a D.E.Q. burn day, preferably as early as possible in the day so as to burn the light fuels during the first day.
  4. 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.
  5. Comply with all Open Fire Safety Rules

Agricultural Burning

Agricultural Permits are for those individuals who meet the DEQ requirements as summarized below. Refer to Oregon Administrative Rule Chapter 340, Division 264 for details. Materials burned under an agricultural are limited to bona fide agricultural waste (other than prohibited materials listed). Agricultural waste is material generated by an agricultural operation that uses, or intends to use, land primarily for the purpose of obtaining a profit by raising, harvesting and selling crops or raising and selling livestock (including poultry) or the produce thereof. The question of whether a particular activity is or is not “agricultural” is a question of land use or intended use and profit motive. The primary purpose must be an intention to “earn a profit by selling crops or produce. The operation must be large enough to have a profit motive as a reasonable objective, i.e., large enough not to be confused with a personal garden or hobby. Agricultural burning must be an integral and necessary part of the agricultural activity. The agricultural activity might include clearing of land, the construction and use of barns, sheds or other farm buildings, but does not include the construction and use of dwellings in which the farmer or workers live. Burning associated with a dwelling is considered to be residential/backyard burning and is not part of the agricultural operation. Any agricultural burning that requires burning overnight (i.e., stumps, heavy timber, etc.) shall comply with special permit requirements. A special permit is required prior to burning of this combustible waste. During the yearly Fire Season (July 15th through September 15th ), and any other time a high fire danger is declared by the District, Agricultural open burning is prohibited unless specifically authorized by D.E.Q.. Before starting any fire call 503-266-5851 Comply with the Open Fire Safety Rules.

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Forestry Burning Permits

Reforestation, Stand Improvements, Slash Burning Permits are required by the Oregon Department of Forestry Clackamas-Marion District for burning of combustible debris on land that you plan to clear and reforest, stand improvements where you clear out underbrush, smaller trees, etc. or any slash burning in their (ODF’s) district. Burning of Land Clearing Debris in locations where the land is not going to be reforested or is cleared for construction of structures requires a Letter Permit from D.E.Q. Contact the Department of Forestry at 503-829-2216 for permits. Notify Canby Fire at 503-266-5851 during business hours before starting any fires under O.D.F. permits. Industrial, Commercial and Multi-Family D.E.Q. prohibits burning of industrial, commercial or multi-family dwelling (5 units or more) waste.

Recreational Fires

Campfires, Cooking Fires and Bonfires

  1. Campfires, cooking fires, and bonfires are permitted throughout the year unless we are in a severe fire season at which time all fires may be prohibited. Call 503-266-1195 to see if all burning is banned. Call during regular business hours and inform Canby Fire prior to lighting any recreational fires: 503-266-5851
  2. Bonfires larger than 4ft x 4ftx 2ft requires a special permit.
  3. Propane powered cooking appliances that meet the manufacturers listing are not regulated.
  4. Burning of trash or yard debris is not permitted in recreational fires.
  5. Recreational fires shall not be conducted within 25 feet of a structure or combustible material unless contained in an approved barbecue pit which shall have 10 feet of clearance from structures and combustibles..
  6. Recreational fires shall comply with the Open Fire Safety Rules.

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 or animal or vegetable matter resulting from handling, preparation, cooking, or service of food or of any other material which normally emits dense smoke or noxious odors. Burning of uncut or standing vegetation (including grass, brush, trees, etc.) is prohibited without a special permit. Burning of any materials transported from another location is prohibited.

Enforcement

Burning in violation of these rules is both a Oregon Fire Code violation and a violation of D.E.Q. Air Pollution Regulations. The Fire Officer has the authority to issue an Open Burning Violation Notice. The Fire Chief or Fire Officer will review each notice of non-compliance and may revoke a permit if warranted. Failure to comply with the Oregon Fire Code is a misdemeanor under ORS 478.960 and 478.990(2). Recovery of costs by the District are permitted by law (478.965). The Fire Chief or Fire Officer may refer any burning violation to D.E.Q. for separate Air Pollution Regulation enforcement. Violation of Air Pollution Regulations may result in a fine of up to $10,000.00 per day from D.E.Q. Oregon Department of Forestry will also enforce burning rules in areas of their jurisdiction when a fire endangers any harvestable timber. The responsible party when so ordered by any officer of a Police or Fire Department shall extinguish any open fire. The person responsible for any fire can be held liable for damages to other persons or other person’s property as a result of their fire. The fire district may also charge for costs to respond and extinguish any fire not permitted under these rules.

Open Fire Safety Rules

  1. Open fires must be limited in size, be controllable and not be a hazard to people, property or standing vegetation.
  2. Open burning shall not be conducted within 50 feet of any structure or other combustible material. Conditions, which could cause the fire to spread to within 50 feet of a structure, shall be eliminated prior to ignition.

Exception: Clearance from structures and other combustible materials may be reduced as follows:

    1. Not less than 15 feet when burning is conducted in an approved burning appliance such as a burn barrel.
    2. Not less than 25 feet when the burn pile size is 4’ or less in diameter.
  1. No fire shall be larger than approx. 9ft x 9ft x 9ft without a special permit
  2. A garden hose connected to a water supply and a shovel or other approved fire-extinguishing equipment shall be readily available for use at open burning sites. Heavy equipment such as a trackhoe or tractor, etc. may be required for large piles requiring special permits.
  3. Burning material shall be constantly attended by a person knowledgeable in the use of the fire-extinguishing equipment. The attendant shall supervise the burning material until the fire has been extinguished. (Exception: Special permits during sunset hours)
  4. Burning of materials in any manner where smoke or flame damages or endangers persons or property of others is prohibited.
  5. The Fire Chief is authorized to require that open burning be immediately discontinued if the chief or his officers determine that the open burning is determined to constitute a hazardous condition.

All fires shall be extinguished two hours before sunset unless otherwise specified.

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