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8-6-1703. Restrictions on open burning of yard waste.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-1703. Restrictions on open burning of yard waste.
(a) The open burning of yard waste is discouraged. Enforcement shall be through informal educational efforts, unless such efforts are proven to be manifestly ineffective in preventing specific instances of open burning.
(b) No citation or civil fine shall be issued or levied against the owner of a private residence for the open burning of brush or yard waste unless such open burning constitutes:
(1) A persistent or recurring offense to surrounding landowners, as determined by complaints to state or local officials;
(2) A fire hazard to surrounding property, as determined by appropriate local officials; or
(3) A safety hazard causing obscured vision on public roads or highways.
(c)(1) No citation or civil fine shall be issued or levied pursuant to the exception of subdivision (b)(1) of this section unless first preceded by a warning order or other appropriate notification delivered to the alleged violator by certified mail, restricted delivery, or other appropriate mechanism of legal service, indicating that a local or state agency has received a complaint concerning open burning activities. Such order or notification need not reveal the identity of the complainants. This order or notification shall advise the alleged violator of alternatives to open burning of yard waste.
(2) As used in subdivision (b)(1) of this section, “persistent or recurring” burning includes activities that are seasonal or annual. Each day of any event of open burning that continues following executed service of a warning order or notification may justify a citation or civil fine unless the alleged violator takes reasonably diligent measures to extinguish or control the fire.
(d) Nothing in this subchapter shall be construed as
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-1703
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:8-6-1703
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 36b8d264b0231a38ba103d2c4c613fd4cebc229494c95897cb7c1a14d33ac153
Source location: content.xml paragraph 6276
Stored source content
8-6-1703. Restrictions on open burning of yard waste.
(a) The open burning of yard waste is discouraged. Enforcement shall be through informal educational efforts, unless such efforts are proven to be manifestly ineffective in preventing specific instances of open burning.
(b) No citation or civil fine shall be issued or levied against the owner of a private residence for the open burning of brush or yard waste unless such open burning constitutes:
(1) A persistent or recurring offense to surrounding landowners, as determined by complaints to state or local officials;
(2) A fire hazard to surrounding property, as determined by appropriate local officials; or
(3) A safety hazard causing obscured vision on public roads or highways.
(c)(1) No citation or civil fine shall be issued or levied pursuant to the exception of subdivision (b)(1) of this section unless first preceded by a warning order or other appropriate notification delivered to the alleged violator by certified mail, restricted delivery, or other appropriate mechanism of legal service, indicating that a local or state agency has received a complaint concerning open burning activities. Such order or notification need not reveal the identity of the complainants. This order or notification shall advise the alleged violator of alternatives to open burning of yard waste.
(2) As used in subdivision (b)(1) of this section, “persistent or recurring” burning includes activities that are seasonal or annual. Each day of any event of open burning that continues following executed service of a warning order or notification may justify a citation or civil fine unless the alleged violator takes reasonably diligent measures to extinguish or control the fire.
(d) Nothing in this subchapter shall be construed as impairing the authority of local fire control officials to abate fire hazards through whatever regulatory mechanisms deemed necessary and appropriate.
(e) Nothing in this subchapter shall be construed as impairing the authority of the Division of Environmental Quality to abate reasonably likely exceedances of National Ambient Air Quality Standards.
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