Nebraska Statewide Rule
Nebraska Open Burning Permit Requirement Statewide
Key Facts
- Statute
- Neb. Rev. Stat. 81-520.01
- Permit issuer
- Local fire chief
- Governor suspension
- Allowed in fire emergencies
- Cost
- Usually free
- Air rules
- DWEE Title 129
Summary
Nebraska law requires written authorization from the local fire chief before any open burning, with the State Fire Marshal authorizing any chief who delegates the function. The requirement applies uniformly across the state.
Statewide open burning ban; waiver; permit; fee; terms, defined. (1) There shall be a statewide open burning ban on all bonfires, outdoor rubbish fires, and fires for the purpose of clearing land. (2) The fire chief of a local fire department may waive an open burning ban under subsection (1) of this section for an area under the local fire department's jurisdiction by issuing an open burning permit to a person requesting permission to conduct open burning. The permit issued by the fire chief to a person desiring to conduct open burning shall at a minimum contain (a) the name and telephone number of the landowner, (b) the burn location, (c) the date and beginning and ending time of the burn, (d) a description of the material to be burned, (e) the name and telephone number of the person responsible for the burn, (f) whether the land-management burning is to be a prescribed burning or a controlled burning, and (g) the approximate number of acres to be burned. The local fire department may have additional requirements for a burn to be permitted. The permit shall contain the signature, written or electronic, of the local fire chief. The State Fire Marshal shall provide a sample form with the minimum requirements on the website of the State Fire Marshal. (3) The fire chief of a local fire department may waive the open burning ban in the local fire department's jurisdiction when conditions are acceptable to the chief.
Full Breakdown
Neb. Rev. Stat. 81-520.01 prohibits open burning in Nebraska except with written permission of the fire chief or designee of the fire district where the burn occurs. The Governor may suspend all burn permits during periods of high fire danger. Permits are typically free, must specify the location and materials, and must be presented on demand. The Department of Water, Energy, and Environment (DWEE) separately regulates burning that produces air contaminants under Title 129. Local governments may not waive the state permit requirement but may add stricter setbacks, hours, or material limits. Agricultural burning is included.
Violations & Penalties
Class III misdemeanor under Title 129 enforcement; civil penalties up to $10,000 per day for air-quality violations; liability for suppression costs.
Frequently Asked Questions
Do I need a burn permit for a small backyard fire?
Can the Governor halt all burning?
What materials are never allowed to be burned?
Sources
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