Arkansas Statewide Rule
Arkansas Outdoor Burning and Open Burn Bans
Key Facts
- Ban authority
- County judge
- Air rules
- ADEQ Reg 18
- Prohibited
- Trash, tires, plastic
- Misdemeanor fine
- Up to $100
- Civil penalty
- Up to $10K/day
Summary
Arkansas Code 20-22-301 and ADEQ Regulation 18 govern outdoor burning statewide. The Arkansas Forestry Division and county judges may declare burn bans during dry conditions, applying universally across affected jurisdictions.
(a) (1) Any person in this state who desires to burn forest vegetation, including debris from land clearing, shall notify the Arkansas Forestry Commission of the person's intention to burn. Notification of the proposed burning shall include the time and location of the intended burning and other facts which the person or the commission may deem relevant. (2) This notification requirement shall not apply to the "open burning" of "yard wastes" as those terms are defined in § 8-6-1701. (b) The landowner or other person having charge of the land or his or her agent shall be present and in attendance at the time of the burning. (c) There shall be no liability on the part of the State of Arkansas, the commission, or any personnel of the commission for damages caused by the burning of forest vegetation under the provisions of this section. (d) It is the intention of this section that the commission may assist or advise local landowners or their agents in the burning of forest vegetation. (e) This section shall not apply unless the forest vegetation or debris from land clearing to be burned weighs at least one (1) ton.
Full Breakdown
Under Arkansas Code 14-14-806 and 20-22-301, county judges have authority to issue burn bans during high fire danger, and these declarations carry the force of law statewide within the county. The Arkansas Department of Energy and Environment (Division of Environmental Quality) prohibits open burning of trash, tires, treated wood, and other prohibited materials under APCEC Regulation 18. Burning leaves and yard waste is generally allowed when no ban is active, but residents must monitor wind conditions and maintain control of the fire.
Violations & Penalties
Burning during a declared ban is a Class C misdemeanor with fines up to $100 per occurrence; ADEQ violations can result in civil penalties up to $10,000 per day.
Frequently Asked Questions
How do I check if a burn ban is active in Arkansas?
Can I burn household trash in rural Arkansas?
Sources
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