6.11
OUTDOOR BURNING
(1)
Definitions
“Open Burning” means any fire from which the products of combustion are
emitted directly into the open air without passing through a chimney or
stack. Open burning includes fires contained within metal burn barrels,
but does not include the combustion occurring at a properly operated air
curtain destructor.
(2)
Prohibitions; exceptions
A
All open burning is prohibited in the Town of Norway except:
1
Outdoor fires for cooking, ceremonies or recreation. Such
fires shall not burn rubbish, garbage, trash, plastic,
rubber, leather, asphalt, oily substances, petroleum-based
materials, or any material that will create dense smoke or
cause a nuisance, and shall not exceed a pit diameter of 6
feet.
B
2
Backfires to control forest fires or fires set for forest
or wildfire habitat management with approval of the
Department of Natural Resources and Town where no
reasonable alternative is available.
3
Burning of trees, wood, brush or demolition materials
excluding asphaltic or rubber material, using methods
approved by the Department of Natural Resources (such asair curtain destructors).
4
Burning of trees, limbs, stumps, brush or weeds for
clearing or maintenance of rights-of-way outside of the
Southeastern Wisconsin Intrastate AQCR.
5
Fires burning clean, dry, combustible materials used to
thaw the ground for street, sewer or underground repairs.
6
Small open flames for welding, acetylene torches, safety
flare, heating tar or similar applications.
7
Fires set for practice and instruction of fire fighters, or
testing of fighting equipment.
8
Burning of brush or weeds on land located within the Town
that is zoned farming or agricultural, including fires for
cropland management, insect and rodent control, provided
dense smoke is not created and no nuisance occurs.
9
Burning of small amounts of dry leaves and dry plant
clippings.
10
Burning of explosive or dangerous material for which there
is no other safe means of disposal.
11
Burning at rural or isolated solid waste disposal sites
outside of the Southeastern Wisconsin Intrastate AQCR which
have been granted a written exemption under s. NR 506.04,
or burning of special waste where permits are obtained from
the Department of Natural Resources and Town.
12
Burning of gaseous or liquid waste in a manner approved by
the Department of Natural Resources and the Town.
Unless subsections (2) A5 or (2) A6 are applicable, open burning
on land within the Town that is zoned business or commercial is
prohibited.
(3)
C
Regardless of the applicability of any of the exceptions set forth
in subsection (2)A open burning is prohibited in ditches draining
into lakes or on frozen lakes. Open burning is also prohibited
within 25 feet of any lakeshore.
D
Fuel for fires shall consist of dry material only and shall not be
ignited with flammable or combustible liquids.
E
No person under the age of 16 years is allowed to ignite any fire
without the supervision of an adult 21 years of age or older.
Permits and Time Restrictions
A
Exceptions 1, 2, 3, 4, 5 and 6 contained in subsection (2) A have
no time limit and do not require the approval of the Town.
B
Exceptions 7 and 8 contained in subsection (2) a have no time
limit but require prior approval of the Town.
C
Exception 9 contained in subsection (2) A is permitted only
between the hours of 12:00 noon and 7:00 p.m. prevailing time.
D
Exceptions 10, 11 and 12 contained in subsection (2) A require a
written permit from the Town, the time for burning to be specified
in said permit.
E
Except as noted below, an individual desiring to obtain a permit
for open burning must first contact the Town Clerk’s Office. If
personnel are not available to consider the request, the
individual may then contact the Town Fire Department. Any
individual seeking to schedule an agriculture burn should first
contact the Town Police Department via the County Dispatcher.
All requests for a written permit must be made to the Town Clerk
who shall forward the request to the proper personnel. Any permit
may impose conditions for the protection of life and property. A
permit is only valid for the day specified, and may be revoked at
any time upon good cause shown.
F
On such days when atmospheric conditions are unacceptable for
burning, the Department of Natural Resources will issue an air
pollution advisory. When such advisory has been issued, permission
to burn under exceptions 7, 8, 9, 10, 11 and 12 shall not be
granted. In addition, the Fire Chief shall have the authority to
order that permission for any open burning not be granted when
wind or weather conditions so dictate or other safety-related
reasons exist for so ordering.
Wind conditions are subject to sudden change. When winds or wind
gusts exceed 15 mph, as reported by the National Weather Service,
no person shall ignite a fire regardless of whether permission was
previously granted. All persons are responsible for checking wind
conditions with the National Weather Service before igniting a
fire and shall extinguish any fire already ignited when such wind
conditions arise.
ORD 2011-005 08/08/2011
ORD 99-5 4/28/99
G
Any fire department or law enforcement officer may order any fire
extinguished which is in violation of the outdoor burning
ordinance, or when, in the opinion of the fire department or law
enforcement officer, extinguishment is required for safety-related
reasons.
(4)
A
B
Liability
Any person who kindles or starts a fire, whether or not a permit
is required and issued pursuant to the provisions of this
ordinance shall assume full responsibility for controlling,
monitoring, and extinguishing the fire, and for any resulting
damage or destruction to any property.
The Town of Norway or the Wind Lake Volunteer Fire Department
shall not be responsible or liable by reason of issuance or
revocation of any permit required by this ordinance nor for any
costs, charges or damages resulting from any fire.