Burn Definitions, Questions & Answers
For Mitchell County, Kansas

Information on this page includes: 

• Burn Regulation Definitions
• Common Questions & Answers
• MCKS Fire District Map
• Local Fire Chief List 

Please scroll down to review.

Back To:

• Burn Registration Form
• MCKS Burn Resolution + Appendix A & B

For further clarification or additional inforamtion, contact:
Mitchell County Emergency Management, David Dohe

• Phone: 785-534-0624
• Email: [email protected]

The following describes some, but not all of the definitions and requirements associated with the Mitchell County, Kansas open burning Resolution.

DEFINITIONS

Agricultural Burning: Agricultural open burning is defined as the open burning of vegetation such as grass, woody species, crop residue and other dry plant growth for the purpose of crop range, pasture, wildlife, or watershed management, and shall be conducted only under the following conditions which meet or exceed K.A.R. 28-19-648.

Non-Agricultural Burning: Non-Agricultural open burning is defined as the burning of unwanted materials such as paper, trees, brush, leaves grass clippings, and other debris, where smoke and other emissions are released directly into the atmosphere without passing through a chimney or stack.

Recreational Fires: Recreational fires are defined as an outdoor fire burning materials other than rubbish where the fuel burned is not contained in an incinerator, but in an outdoor fireplace, barbeque grill, barbeque pit, or chiminea and has total fuel area of 3 feet or less in diameter and 2 Feet or less in height for pleasure, religious, ceremonial, cooking or warmth or similar purposes. 

• Open flame recreational devices shall not be operated within 25 feet of combustible material including but not limited to walls, floors, household items and combustible vegetation. 
  
  
• Such devices shall not be used when wind speeds are more than 15 mph, or a burn ban has been placed on outdoor burning by the Fire Chief having jurisdiction or a Countywide burn ban has been put in place for areas of Mitchell County through a Proclamation of a State of Local Disaster. 
  
  
• Recreation fires shall be constantly attended until the fire is extinguished. Extinguishing equipment such as dire, sand, water barrel, garden hose or water truck shall be available for immediate utilization. 
  
  
• Recreation fires do not require registration, prior authorization, or permission.

Household Trash Burning: Open burning of household trash shall be defined as the burning of trash or other debris which is carried out on a residential premises. Open burning of household trash shall be permitted only after the following fire safety precautions have been taken:

• All such burning shall be conducted in an approved metal container or an in-ground pit which is structurally sound to ensure the contents of said container will remain contained. 
  
  
• Such devices shall not be used when wind speeds are more than 15 mph, or a burn ban has been placed on outdoor burning by the Fire Chief having jurisdiction or a Countywide burn ban has been put in place for areas of Mitchell County through a Proclamation of a State of Local Disaster. 
  
  
• Recreation fires shall be constantly attended until the fire is extinguished. Extinguishing equipment such as dire, sand, water barrel, garden hose or water truck shall be available for immediate utilization. 
  
  
• Recreation fires do not require registration, prior authorization, or permission.

Household Trash Burning: Open burning of household trash shall be defined as the burning of trash or other debris which is carried out on a residential premises. Open burning of household trash shall be permitted only after the following fire safety precautions have been taken: 

• All such burning shall be conducted in an approved metal container or an in-ground pit which is structurally sound to ensure the contents of said container will remain contained. And approved protective screen with a maximum weave of ¼ inch shall be installed on the top of the container.
• An area of bare soil or other approved non-combustible material shall surround the burn container for ten (10) feet in all directions.
  
  
• The person conducting the burning shall ensure that the burning is supervised by an adult and the fire is extinguished.
  
  
• A charged garden hose or a full bucket of water shall be readily available to control and fires which may occur.
  
  
• Trash burning shall not be conducted when the wind speed is more than 15 mph.
  
  
• Trash burning shall not be conducted if the Grassland Fire Danger Index issued by the National Weather Service Office out of Hastings is in the Extreme Category.
  
  
• Trash burning shall not occur if the National Weather Service has issued a “Red Flag Warning” or “Wind Advisory” for Mitchell County.
  
  
• Trash burning shall not be conducted when a ban has been placed on all outdoor burning by the Fire Chief having jurisdiction or a Countywide burn ban has been put in place for areas of Mitchell County through a Proclamation of a State of Local Disaster.
  
  
• Due to the volume of household trash burning which occurs on a routine basis within Mitchell County, Kansas, unless required by a Fire Chief having jurisdiction and/or Mitchell County Emergency Management Department no notification is required for the burning household trash in an approved container.

Responsible Person: Responsible Person shall mean a responsible person, competent individual of at least 18 years of age who is not under the influence of alcohol or other intoxicating substances.

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Below are common questions received regarding open burning:
 
When Do I need to Contact the Communications Center? 
Mitchell County rural residents and landowners must contact the Mitchell County Communications Center for the following instances:

• Burning of fallen wood and tree limbs
• Burning of brush piles
• Crop management – burning wheat stubble or other crops
• Burning of yard waste such as grass clippings and leaves

Household trash burning in Mitchell County does not require a burn permit as long as the trash is burned in a metal can or barrels with a screen covering it, all local city ordinances pertaining to burning are followed, no burn ban is issued for your area and wind speeds are less than 15 mph.

Are there things that I cannot burn? 
The Kansas Department of Health and Environment has rules and regulations prohibiting the burning of the following items:

• Tires
• Lumber – whether it is treated or un-treated
• Building materials such as shingles and tarpaper
• Telephone poles
• Wood pallets
• Any product that produces heavy smoke

 
If I own a business, can I burn? 
Businesses who desire to conduct open burns must obtain a permit through the local Kansas Department of Health & Environment office as well as following Mitchell County guidelines:

1. Pre-registering with Mitchell County Emergency Management and obtaining a registration number identifying that individual or business.
2. On the day they wish to burn, call the Mitchell County Communications Center with their registration number (Phone Number).

The North Central District Office is located at 2501 Market Place: Suite D in Salina (785) 827-9639. Businesses can also visit. KDHE’s website: www.kdheks.gov/befs/dis_offices/nc.htm to print out the permit and send it in.
 
What information do I need before I start burning? 
Mitchell County asks you to contact the Mitchell County Communications Center at 785-738-3523 not more than (1) hour before the start of the burn. The information that you will need to provide is:

• Your name & Registration Number (Phone Number)
• Contact information for the person supervising the burn
• Exact location of intended open burning operation (Specific addresses are requested; if not, then road names are requested such as (J Road and 240th)
• Type of material being burned.
• Time of burning operation including beginning time and estimated time burn will be completed.
• Any other information requested by the Communications Officer.

****** ALL FIRES MUST BE MONITORED UNTIL THE FIRE IS OUT! ****** 

When am I not allowed to burn?
There are several instances when you are not allowed to burn or requested not to burn. Such reasons can include but are not limited to the following:

• Wind speed – wind speeds may not be 15 mph or greater for non-agricultural burning and 20 mph or greater for agricultural burning
• Weather forecast / Fire Index
• Other burns out of control
• After dark – no burning shall be initiated 2 hour before sunset or 1 hour before sunrise unless special permission has been obtained from the fire chief having jurisdiction.
• No burning shall take place within 150 feet of any structure, oil tank or vehicle(s) not owned or operated by the Registrant.
• A person shall not conduct a burn that creates traffic or other safety hazards.
• Fire Chief having jurisdiction may temporarily revoke a person’s Burn Registration Number (BRN) for 30 days.
  
  
• The holder of the BRN or their designee shall remain in continuous attendance of the burning operation and maintain the ability to control the fire and report its status, if necessary.

What do I do if the fire gets out of control?
If you have a fire that gets out of control, dial 9-1-1! Be sure to give the communications officer as much information as you can, especially if you are burning in an area that might be difficult to find.

When in doubt about any burning regulation or allowed materials for burning,
call your Local Fire Chief or the Emergency Management office at 785-735-6535.

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Back To:

• Burn Registration Form
• MCKS Burn Resolution + Appendix A & B

​Local Fire Chiefs:

• Barnard: Dalton Wirth
• Beloit: Aaron LaCoe
• Cawker City: Chris Thorton
• Glen Elder: Garry Clark
• Hunter: Brad Nitsch
• MC FD # 1: Tom Deneke
• MC FD # 3: Garry Clark
• Tipton Rural: Virgil Jeardoe 

Mitchell County Communications Center:

• 785-738-3523

Mitchell County Emergency Management:

• 785-738-6535