Open Burning- FAQs
A burn ban is exactly what the name implies – no outside burning of any kind for a period of 60 (sixty) days from the day the ban is issued or until it is lifted by the County Judge. Open burning at this time is considered extremely dangerous to people, buildings, trees and grasslands and violations are very serious, punishable by fines and/or imprisonment.
A burn ban is set by the County Judge, not the fire departments. To determine if your county is under a burn ban, please check the link below.
Yard waste is defined by law as grass clippings, leaves and shrubbery trimmings collected from residential property. This does not include household waste.
Any resident of Arkansas is allowed to burn yard waste.
- No. Local authorities, such as the city council or county officials can place local restrictions on open burning. Local authorities may also set up a permit procedure that requires residents to get a permit from the county courthouse or city hall or the fire department before burning yard waste. Also, several state and federal agencies can issue burn bans that stop burning because of weather conditions or potential hazards.
- And there are other reasons burning can be stopped. As outlined in the new law, open burning can be prohibited in a particular area of the state or throughout the entire state when:
- It becomes a local nuisance.
- It creates a fire or safety hazard.
- It pollutes the air and the ADEQ believes it will create a situation whereby the National Ambient Air Quality Standards could be exceeded in a given area.
State and local officials. Complaints about air pollution caused by open burning of yard waste should be filed with the ADEQ at:
ADEQ Air Pollution Complaint Form
Nuisance, fire and safety complaints should be filed with the Benton Fire Department.
If local or state officials find that open burning of yard waste is:
- A persistent offense to neighbors;
- A fire hazard to surrounding property; or
- A safety hazard.
then state and/or local officials can take steps to ensure the fire is extinguished and possibly issue a ticket or a fine.
