A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF BARBER COUNTY, KANSAS ENACTING COMPREHENSNE OPEN BURNING REGULATIONS; SETTING FORTH PENALTIES FOR THE VIOLATION OF THE REGULATIONS REGARDING OPEN BURNING; AND REPEALING PRIOR RESOLUTIONS ON OPEN BURNING:
WHEREAS, K.S.A. 19-I0la, et seq, and amendments thereto, authorizes the Board of County Commissioners of Barber County, Kansas (hereinafter the “Board”) to transact all County business and perform all powers of local legislation and administration it deems appropriate; and
WHEREAS, it has been determined by the Board that there is a need to set out a comprehensive regulatory practice regarding trash burning and open burning in the unincorporated areas of Barber County, Kansas; and
WHEREAS, the practice of open burning can be vital to the conduct of certain agricultural practices in Barber County, Kansas; and
WHEREAS, it is in the best interest of the citizens of Barber County, Kansas that open burning is conducted in a safe manner and that proper fire protection be afforded during the conduct of such open burning;
NOW THEREFORE, IT IS THE FINDING AND RESOLUTION OF THE BOARD OF BARBER COUNTY COJ\1MISSIONERS;
1. BURN PERMITS. The open burning of any fields, lots, garden plots, debris, fence rows or household trash shall be allowed without permit under the conditions set forth herein, except this Resolution shall not exempt any person from obtaining a pennit when required by Kansas Administrative Regulations 28-19-645, 28-19-646, 28-19-647, and/or 28-19-648.
2. CONDITIONS FOR OPEN BURNING. Each open burning operation shall be subject to the following conditions:
a. BURN RESTRICTIONS. Open burning for any reason shall not occur on those days when the National Weather Service Rangeland Fire Inex is High, Very High, or Extreme categories, or when the Board or the Governor of the State of Kansas has imposed a ban on burning.
i.AGRICULTURAL OPEN BURNING. Agricultural open burning is still permitted when the County Fire Chief or Board of County Commissioners have declared a “burn ban,” subject to the provisions and requirements contained herein. For purposes of this Resolution, Agricultural Open Burning shall have the same definition as contained in K.A.R. 28-19-648.
b.NOTIFICATION OF INTENT TO BURN. Each person planning an open burn shall notify the Barber County Dispatch (620 886 5678) at least one (1) hour prior to initiating the burn and provide the address location of the proposed burn, and the name, address, and telephone number of the person providing such notice. Notice shall also be given to all adjacent landowners and/or their tenants at least twenty-four (24) hours prior to any burn.
c. HOURS FOR SAFE BURNING. No person shall initiate open burning prior to one (1) hour after sunrise and not later than two (2) hours before sunset. Fires must be extinguished no later than one half hour after sunset.
d. WIND SPEED. The wind speed during a burn shall not be less than five (5) mph or more than fifteen (15) mph at the time of the burning operation. Wind speed must be obtained prior to burning operations by contacting the National Weather Service.
e. SUPERVISION OF BURN. The responsible party shall supervise a burn from the time of ignition until the fire is completely extinguished.
f. FIRE SUPPRESSION EQUIPMENT. Persons initiating any burn must have adequate fire suppression equipment at the burn scene to handle the type of burn material and size of burn. Any person planning a controlled burn subject to this Resolution, must have a minimum of four (4) functioning spray units on location at the beginning of the burn, with each unit manned by at least two (2) persons and a minimum of two hundred fifty (250) gallons of water per unit, and each have a pump capable of pumping a minimum of five (5) gallons per minute. At least one of these units on the scene must have the capability of pumping thirty (30) gallons per minute in order to handle a break-out. The minimum number of trucks on the scene is dictated by the fact that any fire has two (2) ends or fire lines, and the minimum number of trucks per fire line is two (2). A minimum of one thousand (1,000) gallons of mobile reserve water per fire line shall be on-scene in order that each of the two (2) trucks per fire line can be refilled twice.
g. CROP RESIDUE. When burning crop residue, either an operable tractor and disc or manned spray rig shall be on scene. The person conducting the burn shall stay on-scene until the burn is concluded. There shall be a minimum fire guard of fifty (50) feet of tilled ground.
h. TRAFFIC HAZARD. No person shall conduct a burn that creates a traffic hazard or other safety hazard, and fires shall not take place within one hundred (100) feet of a roadway or residential structure except as provided in Section 2. When smoke from the open burn travels over a roadway, Barber County Dispatch shall be notified of the potential hazard.
3. RESPONSIBLE PARTY For the purpose of any penalty to be assessed pursuant to any violation of this Resolution, it shall be considered prima facie evidence that the person owning, occupying, or controlling any premises upon which an open bum is being conducted, voluntarily allowed said open burn to take place and is responsible for the burn.
4. PENALTY. The violation of any of the provisions of this Resolution is hereby declared unlawful. Any person or persons responsible for any burn in violation of the Resolution shall be subject to the following penalties:
a. Each violation of the terms of this Resolution shall be deemed an unclassified misdemeanor and shall be subject to criminal prosecution resulting in a fine of up to five hundred dollars ($500.00) or a jail sentence of up to thirty (30) days or both a fine and jail sentence. In addition to any other method of initiating a criminal proceeding under applicable law, any law enforcement officer may initiate a criminal proceeding under this Resolution by making an offense report and serving a citation and notice to appear in court upon the alleged violator. The offense report shall be forwarded to the Barber County Attorney for prosecution.
b. In addition to the penalties set out in Section 4a, any person or persons who violate the provisions of the Resolution may be ordered to pay restitution to any fire units responding as follows: two hundred dollars ($200.00) per County Fire unit as determined by the Fire Chief. County Fire unit shall also include mutual aid from other jurisdictions and public works earthmoving and other heavy equipment. In the event the fire event exceeds 72 hours in duration, the restitution amount shall follow the FEMA Schedule of Equipment Rates per responding unit. In the event of fire events exceeding 72 hours in duration, application of the FEMA Schedule of Equipment Rates shall apply back to the first call out hour. Any funds collected under this provision shall be credited to the appropriate fire department.
5. FIRE DEPARTMENT CALL OUT. Any time a Fire Department is called out to an unreported fire, controlled or not, the Fire Department will extinguish the fire.
6. MONITORING. When a pastureland, grassland, stubble land, or woodland fire is brought under control and the Fire Department leaves the scene, the person or persons responsible for the burn is responsible for monitoring the scene for rekindling and/or break-outs.
7. COUNTY-WIDE BURN BAN. From time to time, depending on low moisture conditions, the Barber County Fire Chief or the Board may impose a county-wide burn ban in the unincorporated parts of the County. If the Fire Department is called to extinguish a fire intentionally set during such burn ban, the landowner shall pay a fine of one thousand dollars ($1,000.00) in addition to any and all penalties and charges as referenced above.
8. PRIOR RESOLUTIONS. All prior resolutions relating to the conduct burning regulated by this Resolution are hereby repealed.
9. EFFECTNE DATE. This Resolution shall become effective immediately upon posting of signage and shall be published once in the official county newspaper.
IN WITNESS WHEREOF, the foregoing Resolution was adopted this 24th day of March, 2025.
BOARD OF COUNTY COMMISSIONERS OF BARBER COUNTY, KANSAS
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Adam Mills, Chairman
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Mike Roe, Commissioner
Bryan Quick, Commissioner
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Attest: Amy Sill, County Clerk
