Kan. Admin. Regs. § 28-19-645a

Current through Register Vol. 40, No. 16, April 22, 2021
Section 28-19-645a - Restrictions on open burning operations for certain counties during the month of April

This regulation shall supersede K.A.R. 28-19-645 during the month of April for the counties listed in subsection (a) below.

(a) A person shall not cause or permit open burning operations of any waste, including vegetation and wood waste, structures, or any other materials on any premises during the month of April in Butler, Chase, Chautauqua, Cowley, Elk, Geary, Greenwood, Johnson, Lyon, Marion, Morris, Pottawatomie, Riley, Sedgwick, Wabaunsee, and Wyandotte counties, except as authorized by subsections (b) through (d).
(b) The following activities shall be exempt from the prohibition in subsection (a):
(1) Open burning operations for the purpose of range or pasture management and conservation reserve program (CRP) burning activities meeting the requirements in K.A.R. 28-19-648(a)(1) through (a) ( 4 ) ; and
(2) open burning operations listed in K.A.R. 28-19-647(a)(1) and (a) ( 2 ) .
(c) A person may obtain approval by the secretary to conduct an open burning operation that is not otherwise exempt if the conditions and requirements of the following are met:
(1)K.A.R. 28-19-647(b)(1) through (b) ( 3 ) ; and
(2)K.A.R. 28-19-647(d) and (e) .
(d) Open burning operations that shall require approval by the secretary and are deemed necessary and in the public interest shall include the open burning operations listed in K.A.R. 28-19-647(c)(1) through (c) ( 3 ) .
(e) In Johnson, Wyandotte, and Sedgwick counties, the open burning operations listed in K.A.R. 28-19-647(c)(4) and (c) ( 5 ) shall require approval by the local authority.
(f) Nothing in this regulation shall restrict the authority of local jurisdictions to adopt more restrictive ordinances or resolutions governing agricultural open burning operations.

Kan. Admin. Regs. § 28-19-645a

Authorized by K.S.A. 2010 Supp. 65-3005; implementing K.S.A. 2010 Supp. 65-3005 and K.S.A. 65-3010; effective, T-28-3-1-11, March 1, 2011; effective Sept. 9, 2011.