MCKS Burn Resolution

Burn Resolution -- Resolution Number 25-26
For Mitchell County, Kansas

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Resolution No. 25-26
Appendix A & Appendix B

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Whereas, the Mitchell County Board of Commissioners recognizes the ecological, agricultural, and property management benefits of open burning, including but not limited to prescribed and controlled burns; and

Whereas, there is a need to update and enforce regulations governing open burning (controlled burns) to ensure public safety and environmental protection;

Now, Therefore, Be It Resolved, the Mitchell County Board of Commissioners hereby rescinds Resolution 23-3 and enacts the following regulations, to be known as the Mitchell County Burn Resolution:

SECTION I: GENERAL PROVISIONS

Open burning" and "controlled burn" are used interchangeably to describe any fire intentionally set and managed in open areas, following Mitchell County regulations. This resolution mandates that such burns are conducted under controlled conditions, including obtaining a Mitchell County Burn Permit, adhering to safety protocols, and complying with state and federal environmental regulations.
Prohibited Conduct: No open burning shall be conducted without first obtaining an annual Mitchell County Burn Permit. Each permit shall apply to all properties under the ownership or lease of the applicant, and all properties must be listed on the permit. Climatic conditions, proximity to structures, and hazardous materials must be assessed before burning. Non-compliant burns shall be extinguished, and violations will be addressed by Fire District Chiefs and law enforcement.
Reignition Following Noncompliance or Fire Suppression Orders: If a property owner, lessee, or land manager reignites a fire that was previously extinguished due to noncompliance or loss of control, or if the Fire District Chief or their designee has issued an order to cease all burn activities, more stringent penalties and fines shall be imposed.

SECTION II: AUTHORITY AND RESPONSIBILITIES OF FIRE DISTRICT CIDEFS Fire District Chiefs, or their designees, have the authority to declare no-burn days based on weather conditions and public safety concerns. No-burn days are discussed by the MC FD# 1, MC FD # 3 and Tipton Fire Chiefs when weather conditions are going to be potentially bad for burning in Mitchell County. Once the decision is made by the chiefs, they shall notify the Mitchell County Communications Center at 785-738-3523, who will convey these restrictions. All controlled burns are prohibited on Red Flag days. Fire District Chiefs may suspend permits or burn privileges due to violations or worsening weather conditions.

SECTION Ill: BURN PERMIT REQUIREMENTS Burn permits are required for all controlled burns and must be obtained through the Emergency Management Office or the Mitchell County website. The permit acknowledges that the applicant has received, read, and agreed to all regulations. Applicants will sign an acknowledgment confirming they have read the Mitchell County Burn Resolution, the KDHE Open Burning Regulations (attached as Appendix A), and the Burn Requirements and Recommendations (attached as Appendix B).

Permit holders must notify the Mitchell County Communications Center before each controlled burn, providing their permit number (telephone number), contact details, location, acreage, and materials to be burned. Burns must commence within 60 minutes (1-hour) of notification, or an updated start time must be provided.

Permits are non-transferable upon the sale of a property. In such cases, the new property owner must obtain a new burn permit prior to conducting any controlled burns. All property owners are responsible for complying with fire safety requirements. Violations may result in penalties, as outlined in the enforcement section.

SECTION IV: PENALTIES AND ENFORCEMENT Failure to Obtain a Burn Permit: A fine of up to $500 and possible suspension of permit or burn privileges. Failure to Notify the Mitchell County Communications Center Prior to a Burn: A fine of up to $500. Violation of No-Burn Days or Red Flag Warnings: Immediate suspension of the permit or burn privileges and a fine up to $500. Failure to Maintain Control of a Fire: If an individual doesn't call in a burn and a fire district has to respond, the person on scene in charge of the burn can be charged up to $300.00 per apparatus and responder an hour while the equipment is on the call and until they report back to their station. FEMA's Schedule of Equipment Rates were utilized when building out the hourly rate to include fuel, wear/tear and for the first responders.

Repeat Violators: Individuals who commit multiple violations of this resolution may be subject to graduated fines/penalties, increasing in severity for each subsequent offense within a rolling 12-month period. A first violation: Warning or up to $250.00 fine. Second violation: (within 12 months) $250.00 to $500.00 fine. Third Violation or Reignition After Cease Order: $500.00 fine + 30-day suspension of burn privileges. Penalty amounts and enforcement actions may be determined at the discretion of the Fire District Chief in coordination with law enforcement, the BOCC, and county attorney There is no appeal process once the Fire Chief asks to have the individual's non-compliance with this resolution cited by law enforcement or after the county attorney gets involved after the incident.

SECTION V: REFERENCE TO STATE REGULATIONSAll controlled burns in Mitchell County must comply with applicable Kansas Administrative Regulations (K.A.R.), including but not limited to:

K.A.R. 28-19-645: Nighttime burning restrictions and weather conditions.
K.A.R. 28-19-647: Prohibited materials.
K.A.R. 28-19-648: Air quality and traffic hazard considerations.
K.A.R. 28-19-646: Prima facie evidence of responsibility for burns.

Mitchell County shall attach a copy of these regulations to all permits as Appendix A. These are state-enforceable rules and must be acknowledged by the applicant.

SECTION VI: PUBLIC EDUCATION AND OUTREACHThe Mitchell County Emergency Management Office in cooperation with Mitchell County Fire Districts will coordinate seasonal public education campaigns to inform residents of burn regulations, safety practices, and permit procedures. Notices will be distributed through local media, social media, and the county website.

SECTION VII: REQUIREMENTS VS. RECOMMENDATIONS GUIDANCETo provide clarity between legally enforceable actions and best practice safety measures, Mitchell County includes a supplementary document titled Appendix B - Controlled Burn Requirements vs. Strong Recommendations. This appendix distinguishes mandatory compliance items from strongly encouraged practices. All permit holders are expected to review and acknowledge both Appendix A and Appendix B at the time of application.

SECTION VIII: ADOPTION AND EFFECTIVE DATEThis resolution is effective immediately upon passage and shall be enforced by all relevant Mitchell County authorities, including the Sheriff's Office and Fire District Chiefs. This resolution will go into effect on Thursday, January 1, 2026

Adopted by the Mitchell County Board of Commissioners, this 8th day of December, 2025.

Continue scrolling down to view Appendix A & B

Appendix A – Kansas Open Burning Regulations

The following Kansas Administrative Regulations (K.A.R.) govern open burning across the state and must be followed by all burn permit holders in Mitchell County. These regulations are enforceable by the Kansas Department of Health and Environment (KDHE).

K.A.R. 28-19-645. Open burning prohibited. Except as provided in K.A.R. 28-19-647 and K.A.R. 28-19-648, no person shall cause or permit open burning.

K.A.R. 28-19-646. Responsibility for open burning. It shall be prima facie evidence that the person who owns or controls property on which open burning occurs has caused or permitted the open burning.

K.A.R. 28-19-647. Exceptions to prohibition on open burning. (a) The open burning operations specified in this regulation shall be permitted if conducted in accordance with the conditions stated herein. (b) Any person conducting open burning pursuant to this regulation shall comply with the following conditions: (1) The burning shall not create a traffic hazard. (2) If the burning creates a visibility hazard on a roadway, airport, or other transportation corridor, the person responsible shall immediately notify the appropriate authorities so that precautions can be taken. (3) The burning shall not create a hazard to surrounding property. (4) The burning shall be attended until the fire is extinguished. (c) Exceptions include: (1) Fire hazard abatement; (2) Fire training fires; (3) Disposal of clean wood waste and untreated lumber from construction; (4) Agricultural open burning as allowed under K.A.R. 28-19-648; (5) Other exceptions approved in writing by the secretary of KDHE. (d) Prohibited materials under any circumstance include: (1) Tires; (2) Oils and plastics; (3) Treated lumber; (4) Structures or buildings; (5) Waste that produces excessive smoke or toxic emissions.

K.A.R. 28-19-648. Agricultural open burning. (a) Agricultural open burning is allowed under the following conditions: (1) The burning is necessary and customary in farming operations, including range or pasture management. (2) The burning is conducted during daylight hours and is attended at all times. (3) Burning shall not be conducted during the nighttime, which is defined as the period from two hours before sunset until one hour after sunrise. (4) The burn must not be initiated when wind speeds are less than five miles per hour or more than 15 miles per hour. (5) Burning shall not occur during periods of air stagnation or when advised by public health warnings. (6) Adequate firebreaks and supervision must be in place to prevent spread. (b) Open burning that causes a traffic hazard or a visibility hazard to any airport, roadway, or residential area shall be terminated immediately. (c) Burning of dead animals or animal waste is prohibited unless approved by KDHE.

Acknowledgment Requirement All burn permit applicants must sign an acknowledgment stating they have read and understand the above KDHE regulations in addition to the Mitchell County Burn Resolution.

Appendix B – Controlled Burn Requirements vs. Strong Recommendations

The following list separates items from the Mitchell County Burn Resolution into two categories: those that are legally required and those that are strongly recommended. This distinction is intended to provide clarity to burn permit holders, fire officials, law enforcement, and the public regarding compliance expectations and best practices.

Legally Required (Mandatory) Actions
The following requirements must be followed to remain in compliance with the Mitchell County Burn Resolution and state law:

Obtain an Annual Burn Permit prior to any controlled burn.
Notify the Mitchell County Communications Center (785-738-3523) on the day of the burn before ignition.
Burn only during daylight hours – no burning two hours before sunset or one hour after sunrise (K.A.R. 28-19-645).
Burn only when surface wind speeds are between 5 and 15 mph and relative humidity is above 30%.
Automatic Countywide No Burn Day(s) during NWS Red Flag Warnings.
Controlled burns must not be left unattended.
Burns must not create traffic hazards or impair visibility near roads or airports.
Prohibited materials must not be burned (tires, plastics, treated wood, structures, etc.).
Burns that get out of control must be immediately reported to 911.
Fines and fire suppression costs may be levied for noncompliance.
Suspension of permit or burn privileges can be imposed for violations.

Strongly Recommended Best Practices
These practices are not mandatory but are strongly encouraged to ensure safety, efficiency, and minimal risk:

Develop a written fire plan, especially for CRP, pasture, or rangeland burns.
Use a minimum of 50 gallons of water per acre, with a minimum of 500 gallons per 40 acres.
Have at least five (4) adults present per 40 acres, increasing by one person per 20 acres.
Maintain firebreaks that are three times the height of expected flames, or a minimum of 45 feet wide for brush piles.
Use tools and equipment such as sprayers, hand tools, radios, and drip torches.
Have access to equipment, such as tractors, vehicles, UTV/ATV, etc., to reinforce containment if necessary.
Ensure brush piles are at least 100 feet from structures or combustibles and extinguished before dark.
Notify highway or airport authorities if burning within 1,000 feet of a road or one mile of an airport.
Disturb and cool ash beds after burn completion to prevent reignition.

This appendix serves as a guidance tool to help landowners understand the distinction between enforceable requirements and practical safety measures. Fire District Chiefs may recommend additional precautions based on local conditions.

NOTE: Compliance with the required items is necessary to avoid fines, permit suspension, or liability for fire suppression costs.

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

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

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Burn Resolution -- Resolution Number 25-26For Mitchell County, Kansas

Burn Resolution -- Resolution Number 25-26
For Mitchell County, Kansas