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What is Legal or Illegal?

Who is responsible when a tenant burns without a permit on their landlord’s property? 

Submitted by john.sears@ver… on

Fire Wardens are tasked with issuing open burning permits and enforcing forest fire statutes and should stick to this as much as possible. The statues do not require the Fire Warden to verify landownership prior to issuing a permit for debris burning. However, it is reasonable that if a landowner contacts the Fire Warden ahead of time to inform that they do not want any debris burning on their property, that the Fire Warden deny a permit to the tenant.  

Can a Fire Warden enter onto property in the absence of the landowner to investigate an unpermitted open burning complaint?  

Submitted by john.sears@ver… on

A Fire Warden is obligated to investigate a wildland fire or a fire that is threatening wildland.  § 2644. Duties and powers of fire warden (a) When a forest fire or fire threatening a forest is discovered in his or her town, the town forest fire warden shall enter upon any premises and take measures for its prompt control, suppression, and extinguishment.  

What do I do if someone continuously burns without a permit? 

Submitted by john.sears@ver… on

Start by educating the burner.  Give a verbal warning and follow up with a written warning. If the violation continues, a Fire prevention ticket can be issued by the Fire Warden. If illegal materials are involved, the Environmental Enforcement Officer should be contacted. Environmental Enforcement Officers can begin the process for more substantial fines for air pollution violations.  

What if someone is burning trash when there is snow on the site? 

Submitted by john.sears@ver… on

When there is snow on the site, the State statues do not require a permit to kindle fire for open burning. This is not a violation of the forest fire laws.  However, burning trash is a violation of air pollution control laws. Fire warden should get assistance from: Town Health Officer, Environmental Enforcement Officer, solid waste management program, Vermont Air Pollution Control Division.    

What if the person burning adds illegal materials to the burn pile after the Fire Warden leaves the burn site during an inspection? 

Submitted by john.sears@ver… on

This is a violation of both the terms of the permit to kindle fire and air pollution laws.  The fire warden is advised to inform the person that the conditions of the permit have been violated and the permit is no longer valid.

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What is Legal or Illegal?