Burning FAQs

This information applies only to residents that live outside of the urban growth area. If you are inside the city limits of Kennewick, Richland, West Richland, Benton City, or Prosser you are never allowed to burn yard debris at your residence. Also please note, that just because your property is outside of city limits, does not mean that you are also outside the urban growth area. Check whether your address is within an urban growth area by searching our Burn Decision Map.  You may also call the Benton County Planning Dept. or Benton Clean Air Agency for help determining whether you are inside or outside the urban growth area.

The burn decision is made every morning prior to 9:00 am and is based on that day’s forecasted meteorological conditions.  When making the burn decision, the BCAA utilizes information from the National Weather Service and a modeling forecast produced by the University of WA, in cooperation with the Dept of Ecology. This modeling forecast is called the “WRF” and gives a projected forecast of the atmospheric dispersion conditions, throughout the state, at different times throughout the day.

When the surface wind speeds from the National Weather Service office in Pendleton, OR for the Columbia Basin are forecast to exceed 20 mph, residential burning will not be allowed.  For forecasted surface wind speeds between 15 and 20 mph, a wind warning is issued.

The residential burn decision is based on the same information used to make the agricultural burn decision. However, in consideration for fire safety and at the request of our local fire departments, wind speed is taken into consideration. When the surface wind speeds from the National Weather Service office in Pendleton, OR for the Columbia Basin are forecast to exceed 20 mph, residential burning will not be allowed. For forecasted surface wind speeds between 15 and 20 mph, a wind warning is issued.

For outdoor burning, the Benton Clean Air Agency allows burning generally only when dispersion conditions are forecasted to be good.

Bright sunny days are frequently not good smoke dispersion days and are characterized by high pressure systems. The latter characteristically has descending air masses, low mixing level ceilings, and little horizontal air movement. Known in meteorology as stable air masses, all the factors associated with these air masses combine to limit both the volume and vertical mixing of near-surface air. Air pollutants emitted into the air under these conditions from any source, one of which may be outdoor burning, are effectively trapped and do not disperse by vertical mixing and horizontal transport at higher altitudes.

In contrast, low pressure weather systems are characterized by unstable air that is rising and frequently turbulent. Both vertical mixing with high elevation mixing levels and horizontal air movement very effectively dilute and disperse air pollutants emitted into the air.

Unfortunately, these meteorologically unstable air masses frequently have high wind speeds and gusty wind plus precipitation. High gusty wind conditions pose a fire safety hazard.

The applicable open burning regulations depend upon where the property is located with respect to the “Urban Growth Area”, or UGA. The urban growth area (UGA) is defined by a line that the incorporated cities (Richland, Kennewick, West Richland, Benton City, and Prosser) expect to grow into during the next 20 years. The UGA includes all the city limits, the “islands” of County within the cities, and some parts of County land immediately adjacent to the city limits. Those properties that lie inside of this boundary have different burning rules than those properties lying outside the boundary. If you are unsure as to whether you are inside or outside the UGA, you can search your address on the burn decision page.

State law views residential burning and agricultural burning as two separate issues, both with associated laws. In order to qualify an agricultural burn permit you must show evidence of agricultural activity taking place, usually in the form of supplying a copy of the IRS form Schedule F: Profit and Loss from Farming. Only those operations with proof of an agricultural operation will be issued an agricultural burn permit. The zoning regulations are local regulations and do not apply to burning applications. Areas which are zoned agriculture, but do not supply this proof, must comply with the general rule burn rules and the “burn days”.

A special burn permit can be applied for as long as you live outside the Urban Growth Area.  The permit has an associated fee that is assessed in two parts. First, there is a $75 non-refundable application fee that must accompany the written application. This allows the BCAA Inspector to process the application and if necessary, inspect the materials to be burned prior to burning. The application can either be accepted or rejected at this point. If accepted, there is an additional charge of no more than $8.50 per cubic yard of material to be burned. The fees must be paid within 30 days of the permit being issued. A permit is issued that is specific to the applicant’s type of burning. The permit conditions often will allow more “burn days” than would be available under the spring and fall burn windows.

If tumbleweeds are actually growing on your property, you must obtain a special burn permit in order to burn the tumbleweeds in-place. Be aware that there is a fee charged for a special burn permit. You may want to consider an alternative to burning such as mulching, mowing, or composting. However, you may also want to try to control the weeds before they become a problem by mowing or using a commercial herbicide.

Tumbleweeds that have been blown on to your property can be burned at any time, regardless of the burn day and regardless of whether you are inside or outside the Urban Growth Area (UGA). However, only the tumbleweeds can be burned, any other vegetative material to be burned is subject to the rules specific to your location.

Below are links to resources with helpful information with alternative to burning:

• Landscaping & Vegetation Management
• Chipping
• Composting
• Landfill
• Mulching

Enforcement actions usually begin once the BCAA receives complaints about illegal burning taking place. One of our inspectors is sent to the site to judge the severity of the violation and to document what is going on. The Inspector will try to locate the responsible individual or company and make them aware of the violations. At this point, the fire is required to be extinguished. After the Inspector finishes at the site, one of two things happens, either a warning letter or a Notice of Violation (NOV) is issued.

Warning letters are sent out if the violation was relatively minor or if the burner was uninformed. Once a warning letter is sent, the BCAA generally considers the case closed. If there are further violations after an individual or company has received a warning letter, the enforcement action may increase to an NOV, which is a much firmer form of enforcement.

The NOV is an official enforcement action and should be taken very seriously. Essentially the NOV is a ticket that informs the burner of the laws that were violated and of the Inspector’s findings at the site. The NOV starts the process of a formal case against the burner and cannot be appealed.Thirty days after the burner receives the NOV, the BCAA may assess a penalty in another formal document called a Notice of Penalty (NOP). According to Washington State law, penalties of up to $10,000 per violation per day may be assessed. For example, burning garbage in the city limits on a no-burn day with no means to put the fire out equates to three violations or a maximum of $30,000 fine. Generally, though the BCAA does not fine to the greatest extent of the law and actual fines can be much lower.

If you have received a Notice of Violation (NOV), it means that you have violated one or more air quality regulations. The NOV serves as official notice of the laws that were violated and of the Inspector’s report on the situation. It is important that you read the NOV very carefully. The NOV cannot be appealed. However, you may send written documentation to the BCAA indicating your understanding of the situation.

Thirty days after you receive your NOV, you may receive a Notice of Penalty (NOP). The NOP is the official notice of a fine being levied against you. You may or may not receive an NOP, as one is assigned on a case-by-case basis. The NOP is appealable and several options are presented in the NOP documentation. Again, you should read the documentation very carefully.

If you have any questions, please contact BCAA.

If you have received a Notice of Penalty (NOP), it means that thirty days have passed since you received the Notice of Violation (NOV). The NOP is the official notice of a fine being levied against you. The NOP is appealable and several options are presented in the NOP documentation. Again, you should read the documentation very carefully.

Option 1: Pay the fine in full. If you take option 1, your full payment is due within 30 days.

Option 2: Consent Order (CO). (Note: A consent order may or may not be available.) The CO represents a reduced penalty that may be paid in lieu of full payment if you do not commit a similar violation within the next year. By taking the CO, you forfeit the other avenues of mitigation and appeal. Once the paperwork has been filed and signed and the reduced penalty paid (within 30 days), the BCAA considered the case closed. However, if the conditions of the CO are not adhered to, for example a similar future violation within a year, the original penalty is reinstated and an additional NOV and NOP may be issued.

Option 3: Application for Relief of Penalty (ARP). If you feel that the penalty is unjustified and wish to contest the penalty this is the option to take. It is an opportunity to tell your recollection of the events that lead to the NOV. Note, however, that if a reduction of penalty is granted, it will not be less than that offered on the CO. The ARP must be filed within 15 days.

Option 4: Appeal to the Washington State Pollution Control Hearings Board (PCHB).
This is your opportunity to have a day in court. The PCHB is a state level hearing board that will hear your case. The PCHB has the power to overturn the penalty issued by the BCAA. However, if you choose this option, the PCHB will be considering the full amount of the penalty, not the amount listed in the CO. In most cases, the PCHB does not lower the penalty below that offered on the CO.

If you have any questions about your NOP or your legal options, please contact BCAA.

Also note that there are several timed deadlines that you should follow. Failure to meet specific deadlines nullifies certain avenues of appeal.