Nichole Y. Shafer
Guest Columnist
Rain is often welcomed after days of excess heat and humidity. If that welcomed rain finally comes to the area, oftentimes people run outside to check their rain gauges. At my house, my husband is often the one to check our rain gauge. Upon checking our rain gauge, my husband lets me know how many tenths of rain we received.
But sometimes the rain comes with a severe storm and high winds. Severe storms can result in downed trees, branches and other storm debris. When this happens, some individuals are tasked with cleaning up large quantities of storm debris.
To clean up storm debris or get rid of trash, many people want to open burn on their property. Before you light that match to open burn on your property, it’s important you know what rules Ohio law has in place to regulate open burning.
Open burning is any time a person lights an outdoor fire without the use of a chimney or stack.
Ohio law has regulations in place to limit open burning in order to protect the health and safety of communities.
One of the biggest safety issues that results from open burning is wildfires. When there are abundant dry leaves, dead grass and excessive winds, the chance a spark from an open burn could result in a wildfire drastically increases.
To lower the risk for a wildfire, Ohio law prohibits outdoor open burning in unincorporated areas during the months of March, April, May, October and November during restricted times. The restricted times are between the hours of 6 a.m. and 6 p.m. This restriction includes burning of yard waste, trash and debris, even in a proper burn barrel. When open burning, you should always be sure to use a proper burn barrel even during legal hours.
When open burning occurs, toxins are released into the air, which affects the air quality and visibility of an area. To help regulate the air quality, Ohio law prohibits open burning when air pollution alerts, warnings or emergencies are in effect.
To lower the risk for poor visibility in an area, Ohio law requires that fire/smoke from an open burn cannot obscure visibility on roadway, railways or airfields.
If an individual causes a wildfire or otherwise violates the Ohio burn laws, he may be held liable for damages caused and can be fined. The Ohio EPA recommends individuals dispose of yard waste through alternative methods, instead of open burning, such as composting.
Ohio law also prohibits the open burning of waste generated off the premises. Types of waste that are prohibited from being burned no matter the time or place include food waste, dead animals and materials containing rubber, grease, asphalt or made from petroleum.
Further, you are prohibited from burning within village or city limits or restricted areas. Local governments or fire departments may also have local burn rules established. Individuals should also check with their local entities prior to open burning.
Nichole Y. Shafer is an Ohio-licensed attorney at Schroeder Law LTD in Putnam County. She limits her practice to business, real estate, estate planning and agriculture issues in northwest Ohio. She can be reached at [email protected] or at 419-659-2058. This article is not intended to serve as legal advice, and specific advice should be sought from the licensed attorney of your choice based upon the specific facts and circumstances that you face.
