N.M. Code R. § 20.2.60.111

Current through Register Vol. 35, No. 11, June 11, 2024

Section 20.2.60.111 - OPEN BURNING OF VEGETATIVE MATERIAL

A. Applicability:

(1) This section (20.2.60.111 NMAC) applies to open burning of vegetative material as defined in 20.2.60.7 NMAC, for purposes of disposal of such material, provided that burning of areas with non-piled vegetative material does not exceed ten acres per day, or burning of piled vegetative material, including material gathered in a pit or open container, does not exceed one thousand cubic feet of pile volume per day. In determining daily burn area and daily burn pile volume, areas or piles that are within three hundred feet of each other shall be considered to constitute a single burn if the burning occurs on the same day and on property under ownership or possessory control of the same person. Burning in excess of these daily limits is subject to 20.2.65 NMAC (Smoke Management).

(2) This section does not apply to any open burning of vegetative material which is subject to 20.2.65 NMAC.

(3) Open burning of vegetative material is prohibited in nonattainment areas.

B. Open burning of vegetative material under this section shall meet the following requirements:

(1) burning shall be conducted at least three hundred feet from any occupied dwelling, workplace, or place where people congregate, which is on property owned by, or under possessory control of, another person; burning that does not meet this requirement is subject to 20.2.65 NMAC (Smoke Management);

(2) burning shall begin no earlier than one hour after sunrise, and shall be extinguished no later than one hour before sunset; burning outside of this time limitation is subject to 20.2.65 NMAC (Smoke Management);

(3) burning shall be attended at all times;

(4) the appropriate local fire department or dispatch or firefighting authority shall be notified prior to burning;

(5) for burns exceeding one acre per day or one hundred cubic feet of pile volume per day, the burner shall provide prior notice of the date and location of the burn to all households within one quarter of a mile of the burn;

(6) burning shall be in compliance with 20.9.1 NMAC (Solid Waste Management);

(7) burning shall not be conducted when an air pollution episode is in effect;

(8) auxiliary fuel or incendiary devices may be used to ignite the burning allowed by this section, provided that:

(a) no oil heavier than number two diesel shall be used; and

(b) no more than the minimum amount of auxiliary fuel necessary to complete the burn shall be used;

(9) polyethylene sheeting may be burned with the vegetative materials, provided that:

(a) the sheeting has been covering piled vegetative material for at least one month prior to burning;

(b) the amount of sheeting burned is no more than the minimum necessary to cover the pile;

(c) removal of the sheeting before burning is impractical; and

(d) the burner is able to provide evidence, such as purchase records or package labeling, that the sheeting is polyethylene and not some other form of plastic;

(10) the burner shall consider alternatives to burning prior to igniting a burn; and

(11) material to be burned shall be as dry as practicable.

N.M. Code R. § 20.2.60.111

20.2.60.111 NMAC - Rp 20.2.60.111 NMAC, 12/31/03