Fire Warden Frequently Asked Questions

Nothing in the Forest Fire Statues prohibit burning at night. Some things to keep in mind if issuing a permit to burn at night: Fires must be attended at all times, higher nighttime relative humidity can create smoke issues, and increased fire visibility may generate 911 calls.  Fire Wardens may choose to prohibit nighttime burning as special conditions of the permit to kindle fire.  

Fire Wardens are not required to make a site visit for every permit issued to kindle fire.  However, it is recommended that if Fire Wardens are not familiar with the person requesting a burn permit or the location where the burn will occur, they should visit the person at the burn site. If a large amount of burning in one location is being requested, they should also visit the site before issuing the permit. Fire Wardens can then set specific conditions to avoid risk of escape or smoke or related problems.  

Permits can be issued verbally. However, by statute the Town Forest Fire Warden shall issue a written "Permit to Kindle" for record keeping purposes stating when and where such fire may be kindled within 12 hours of issuing the permit.  A written permit that is signed by the permittee is the best practice.  

The Warden may choose to appoint a “Key Person.” A “Key Person” is designated to issue burn permits on behalf of and under the direction of the Town Forest Fire Warden.  A “Key Person” card is available from the Wildland Fire Specialist for the District.  

Issue permits for specific days and places to avoid problems. Do not exceed two or three days for a standing permit. Fire Wardens may set specific written conditions of the permission to burn. If “special written conditions” are written on the permit, they become part of the permit and are enforceable.  

It is recommended to keep all records for at least 3 years.  Records include: Permits to Kindle Fire, summary of interactions with public, enforcement actions, and illegal burns.

Yes, the Town Forest Fire Warden may write them on each permit as special conditions of the permit to kindle fire.  

Examples of special conditions that could be written on the permit: Maximum wind speed, wind direction that would limit smoke to neighbors or embers toward structures, size of material, proximity to structures or other dry fuels, nighttime burning or not, other conditions from municipal ordinances.  If “special written conditions” are written on the permit, they become part of the permit and are enforceable.  

If “special written conditions” are written on the permit, they become part of the permit and are enforceable.  Violation of the conditions of the permit would result in the permit being invalid, essentially the same as burning without a permit.  A “Vermont Fire Prevention Ticket” could be issued for burning without a permit by the Fire Warden.  

There is no size limit for materials. However, larger fuels can create increased smoke creating a public nuisance that could violate air pollution control laws. Fire wardens can limit size of fuels under the special conditions of the permit to kindle fire.   

Fire wardens who are involved in a situation where they feel a ticket is an eventual next step should contact their Protection Forester to set up an orientation at their earliest convenience. Fire Wardens will be issued a ticket book and user guide following the orientation.  Protection Forester Contacts 

If the Fire Warden issues a ticket, the enforcement action will result in the violator entering a plea that could involve court action with possible prosecution and a fine. If a violator challenges the ticket, the Fire Warden will have to appear in court to explain the circumstances involving the ticket being issued. The District Protection Forester can also be present to explain the role of a Town Forest Fire Warden and the process of issuing Permits to Kindle Fire.   

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. If the person continues or knowingly burns illegal materials the fire warden is advised to report it to the Environmental Enforcement Officer for the area or submit an Online Environmental Violation Report Form.

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.    

You can contact your Town Health Officer or Environmental Enforcement Officer   

Traditional use of a burn barrel for purposes of burning trash are illegal. However, if someone was to burn clean natural vegetation in a barrel with a permit to kindle fire from the Town Forest Fire Warden, that would not be illegal.  

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.  

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.  

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.  

Fire warden is not liable for damages caused by violating conditions of the permit.  The person who was granted the burn permit is the liable party for their fire and any damage that fire may cause (Condition 2-Permit to Kindle Fire).  

Deputies will be approved if there is a need in the town for assistance.  When the Commissioner, or designee deems it difficult in any municipality for one warden to take charge of protecting the entire municipality from forest fires, they may appoint one or more deputy forest fire wardens within the town. Such wardens, under the direction of the fire warden, shall have the same powers, duties, and compensation and make the same reports through the fire warden to the Commissioner as forest fire wardens.  In many cases, a “Key Person” is a simpler option for the fire warden to have assistance issuing burn permits.  

ANR land boundaries can be found on the Vermont ANR Atlas or contact District Wildland Fire Specialist to help you make maps of your area.  

Yes. By not issuing burn permits when weather conditions are not favorable, the Town Forest Fire Warden has put a 'burn ban' into effect for their town.  This is only for fires requiring a Permit to Kindle Fire.   

Verify the burner is not violating any conditions of the permit. Encourage burner to monitor wind conditions that could bring smoke onto neighbor's property.  Fire Wardens may add special conditions to the permit to reduce smoke issues for the neighbor.  Neighbor disputes can be difficult.  Try to remain impartial and consistent.  Involving the Town Health Officer may be helpful.