Open Burning

Frequently Asked Questions

What is open burning?
Open burning is the burning of any material that releases smoke and other emissions directly into the air. A more technical definition can be found in the Kansas Air Quality Regulations (28-19-200), which states that an "open burning operation means the burning of any materials in which contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. A chamber shall be considered enclosed when only those apertures, ducts, stacks, flues or chimneys that are required to supply combustion air and to permit the escape of exhaust gases are open during the combustion process."

Why is open burning regulated? 
Open burning is regulated in an effort to prevent the release of contaminants into the air. Burning typically releases very fine particulate matter, carbon monoxide, sulfur oxides, nitrogen oxides, volatile organic compounds, and potentially hazardous air pollutants. These pollutants can promote an increased risk of cancer and lung disease, especially in children and the elderly. Open burning operations also contribute to haze and visibility problems

Who regulates open burning?  
Although the Kansas Department of Health and Environment (KDHE) Bureau of Air (BOA) regulates open burning, you must also check with your local authority, such as the city office or fire department.  Both KDHE and the local authority must allow or approve your open burning operation.

What kind of open burning is allowed by KDHE without requesting approval?  
(Remember, your local authority must still approve it.)

  • Residents burning trees/brush, yard waste, and normal household trash generated on-site (materials from renovations, construction, or demolition cannot be burned)
  • Recreational purposes (cooking or for ceremonial reasons)
  • Agricultural purposes (crop, range, pasture, wildlife, or watershed management), assuming the following conditions are met:
    • Local fire control authority has been notified (if required)
    • Burning will not create a traffic or airport safety hazard
    • The person conducting the burn will ensure burning is supervised until fire is extinguished.

Who is not allowed to conduct open burning? 
With the exception of a few types of businesses recently granted permission through this 2019 policy, most businesses can not conduct any open burning, including trees and brush, unless they have received both KDHE and local approval.  If burning will be conducted for any reason besides those listed above in the previous question (residential, recreational, or agricultural), it is not allowed without written approval from KDHE.  

Informational posters and handouts

Open Burning Poster

 Open burning poster (PDF)

Open Burning Handout

 Open burning handout (PDF)
  • 8.5" x 11" format; three handouts per page; best when printed double-sided
  • This handout is intended for places where residents or businesses might go to seek permission to do some type of burning operation.  Examples include fire departments, police or sheriff departments, and city offices.
  • Best used in conjunction with the open burning poster.

Additional resources

Related Forms