Agricultural Burning

Agricultural burning is one of three kinds of outdoor burning. Outdoor burning also includes silvicultural (forest land) burning, and “open burning” — any other kind of burning outdoors in the open or in containers. As a farm management tool, an estimated 3, 000 to 5,000 agricultural fires are set each year in Washington, with up to 600,000 acres thought to be burned. Studies show that air quality levels can exceed federal health standards in areas affected by outdoor burning, especially from larger fires, or when dispersion of smoke by the wind is poor.

The Washington Clean Air Act (RCW 70A.15) protects air quality in the state. Specifically, the RCW requires agricultural permits for commercial agricultural operations that burn natural vegetation as a farm management tool. The law also requires that the grower show the burning is reasonably necessary to carry out the enterprise. Agricultural burning meeting the criteria of the best management practices (identified by the agricultural burning practices and research task force) and where no practical alternative exists automatically satisfies this requirement. For further information, also see WAC 173-430.
Other forms of outdoor burning, such as that which is done at residences within the urban areas are considered to be waste-disposal, not as a management tool. This is primarily why many forms of outdoor burning are being phased out over time.

Agricultural burn days are not called in advance. The BCAA staff checks for forecast air circulation conditions, which if good, mean that any smoke generated from burning should be diluted enough not to impact the general population. Because wind speed considerations are not taken into account when determining an agricultural burn day, it is the responsibility of the agricultural operation to determine if it is safe to burn or not.

Also, certain types of agricultural burns require a permit while others do not. Be sure that you understand whether or not you need a permit. Burning without a permit may lead to enforcement actions. Please do not hesitate to contact the BCAA office for clarification and assistance.

The burn day message is updated at 9 a.m. daily; no burn day will ever start prior to 9 a.m.

Agricultural burning is allowed when it is reasonably necessary to carry out the enterprise. A farmer can show burning is reasonably necessary when it meets the criteria of the BMPs and no practical alternative exists. BMPs are one of the ways to demonstrate the need to burn. Growers not using BMPs must establish that their proposed burn is reasonably necessary and that no practical alternative is available. The burden of proof is on the grower, and the demonstration must satisfy the Department of Ecology and the local delegated permitting authority, if there is a local permitting authority.

Other types of Agricultural burning include:

• on an commercial orchard
• on a vineyard
• on a grass seed farm
• “flaming” or burning hop roots
• for non-agricultural purposes (land-clearing)

All agricultural burning, except for incidental agricultural burning, requires a written agricultural burning permit from the Agency. Agricultural burning permits are subject to a fee as described in the Benton Clean Air Agency fee schedule and payable at the time of application. You need an agricultural burn permit when:

• Orchard or vineyard takeout
• Vineyard prunings
• Disease or weed control
• Residue removal
• Research/demonstration project
• Conservation Reserve Program (CRP) or renovation purposes
• “Flaming” of hop roots

Incidental agricultural burning consists of:

• Orchard prunings
• Natural vegetation along fence lines, irrigation canals, or drainage ditches
• Tumbleweeds

And is allowed without obtaining an agricultural burning permit from the Agency and on days that are not agricultural burn days, except when restricted by the Agency under the following conditions:

• The Benton County Fire Marshall declared a ban on burning due to fire safety
• During any stage of impaired air quality conditions, or during a forecast, alert, warning, or emergency air pollution episode
• The National Weather Service (NWS) in Pendleton, Oregon forecasts surface wind speeds 20 mph or greater. 

 An agricultural burn permit is not required and burn hours are not restricted for:

• Orchard prunings
• Natural vegetation along fencelines, irrigation canals, or drainage ditches.
• Tumbleweeds

1. An application fee for an agricultural burning permit shall be due and payable at the time of submission of the application.
2. Upon approval of any agricultural burning permit application, the BCAA shall charge a fee at a maximum fee level as set by statute.
3. Minimum and variable fee levels are as follows:
   1. Eighty dollars ($80.00) for pile burning per calendar year per agricultural operation based on burning debris from up to 80 tons or equivalent; Each additional ton is $1.00 per ton.
   2. Thirty seven dollars and fifty cents ($37.50) per calendar year per field burn based on burning up to ten acres or equivalent; Each additional acre is $3.75 per acre.

The agricultural burning practices and research task force may set acreage equivalents, for non-field style agricultural burning practices, based on the amount of emissions relative to typical field burning emissions. Any acreage equivalents, established by rule, shall be used in determining fees. For agricultural burning conducted by irrigation or drainage districts, each mile of ditch (including banks) burned is calculated on an equivalent acreage basis.