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Kansas Statewide Rule

Kansas Open Burning Rules and Air Quality Limits

Heavy RestrictionsApplies statewide across Kansas (2026)

Key Facts

Regulation
K.A.R. 28-19-645
Banned Materials
Trash, tires, asphalt
April Restriction
16 eastern counties
Agency
KDHE Bureau of Air
Max Penalty
$10,000 per day
Last verified: September 5, 2026Source: Kansas Legislature

Summary

Kansas restricts open burning statewide under KDHE air quality regulations. Burning trash, tires, and most waste is prohibited, and prescribed burns in eastern counties face April ozone-season restrictions.

28-19-645a. Restrictions on open burning operations that supersede the provisions of K.A.R. 2819-645 for certain counties during the month of April. (a) A person shall not cause or permit open burning operations of any waste, including vegetation and wood waste, structures, or any other materials on any premises during the month of April in Butler, Chase, Chautauqua, Cowley, Elk, Geary, Greenwood, Johnson, Lyon, Marion, Morris, Pottawatomie, Riley, Sedgwick, Wabaunsee, and Wyandotte counties, except as authorized by subsections (b) through (d).

Source: Kansas LegislatureView official code

Full Breakdown

Kansas Administrative Regulations 28-19-645 through 28-19-648 govern open burning statewide. Open burning of household trash, demolition debris, oil, tires, asphalt, and similar materials is prohibited. Permitted burns include vegetation, agricultural crop residue, and prescribed range burns, subject to local fire authority approval and weather conditions. K.A.R. 28-19-645a restricts pasture, range, wildland, and crop burning during April in 16 eastern counties (including Johnson, Wyandotte, Douglas, Sedgwick) due to Kansas City and Wichita ozone non-attainment concerns. Burns must be attended and not create traffic or air hazards.

Violations & Penalties

KDHE may assess civil penalties up to $10,000 per day per violation under K.S.A. 65-3018. Local fire departments and county sheriffs may issue citations for unattended or unauthorized burns.

Frequently Asked Questions

Can I burn my household trash in rural Kansas?
No. K.A.R. 28-19-645 prohibits open burning of household trash statewide regardless of population density. Only specific materials like clean vegetation and crop residue are allowed.
Why is April burning restricted in eastern Kansas?
K.A.R. 28-19-645a limits range and crop burning each April in 16 eastern counties to reduce smoke contributions to Kansas City and Wichita ground-level ozone non-attainment areas.

Sources

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