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 Open Air Burning Information

 
Open Burning Permits
photo of open air burning at construction site
 
Information on requirements for obtaining an open burning permit



Who Needs An Open Burning Permit?

Open burning in Shelby County is prohibited by Shelby County Code Section 3-16 and Memphis Code Section 16-50. A temporary permit may be issued for controlled open burning of waste trees and brush using an air curtain destructor at land clearing sites. The permit requires specific operating conditions to maintain acceptable air quality and to prevent creating a public nuisance.

Open burning may be conducted for the following activities without a permit. However, Fire Department approval is required:

1) Fires used for cooking, ceremonial, or recreational purposes
2) Fires set for training Fire Department Personnel
3) Smokeless and safety flares for the combustion of waste gases
    - for unincorporated Shelby County only -
4) Fires used for the reduction of leaves on the premises on which they fall
5) Fires used for the removal of wheat stubble.

What Information Must I Provide?

The following information must be provided when a controlled permit is issued:

1) Location of burn site
2) Name of company or individual conducting the burn
3) Address of company or individual
4) Telephone number of operator
5) After hours contact telephone number for emergency use.

How Will My Application Be Processed?

A twenty-four (24) hour advance notice is required to schedule a controlled burn permit inspection. The vertical walled pit should be completed, air curtain equipment in place, and pit charged with material to be burned at the scheduled appointment time. If all controlled open burning conditions are met, a permit will be issued and burning can commence.

An additional permit may be required by the local Fire Department where burning is being conducted. Currently, permits are required by the City of Memphis, City of Collierville, and City of Germantown. The appropriate fire department permit should be obtained prior to calling for a Health Department temporary controlled burn permit.

If the clearing contractor is unsure of the suitability of a site for controlled open burning, an inspection may be requested prior to pit construction.

What Fees Are Required?

The permit fee for a temporary (30 day) controlled burn pit is $130.00. An additional permit fee and inspection is required if the burn pit is relocated or if burning is necessary beyond the thirty (30) day limit.

What Are My Rights And Responsibilities After The Permit Is Approved?

During the permit period, the jurisdictional Fire Department must be notified each day before burning begins and again when burning ends for the day. Also, someone must be at the site to monitor the pit when burning is taking place. The operator is responsible for compliance with all rules and regulations governing open burning permits and any damages, injuries, or claims resulting from such burn.

What Are The Section's Rights And Responsibilities After The Permit Is Approved?

The Pollution Control Section is responsible for protecting Shelby County's air quality. Requiring a Source (or a business) to obtain an open burning permit ensures compliance with the established rules, thereby, decreasing the impact on nearby residents and maintaining overall air quality.

The Section has the right to conduct routine inspections as deemed necessary. The Section may suspend or revoke any open burning permit if the permit holder fails to comply with the provisions, stipulations or compliance schedules specified in the permit. The Memphis Shelby County Air Code provides for civil penalties of up to $25,000 per day for each day of violation.

Who Do I Contact For Applications, Assistance And Other Information?

For open burning in Shelby County, the applicant must contact, and obtain a permit from, the Pollution Control Section at (901) 544-7349

Applicants may refer to the following publications for further information:
Click on the icon or link in the table below.

Controlled Open Burning Requirements and Information

Form Description

.doc

.pdf

Open Burning Permit Rules and Regulations

 

 

Memphis Shelby County Air Code



 ditch at cleared construction site