Chief Sponsor: Walt Brooks

Senate Sponsor: David P. Hinkins


8     General Description:
9          This bill addresses government authority over fire.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     prohibits under certain circumstances the Air Quality Board or Division of Air
14     Quality from prohibiting burns;
15          ▸     addresses rulemaking authority; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          19-2-114, as last amended by Laws of Utah 2015, Chapter 154

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 19-2-114 is amended to read:
27          19-2-114. Activities not in violation of chapter or rules.

28          (1) As used in this section, "attainment area" means an area that meets the national
29     primary and secondary ambient air quality standard for pollution.
30          (2) The following are not a violation of this chapter or of a rule made under [it] this
31     chapter:
32          [(1)] (a) burning incident to horticultural or agricultural operations of:
33          [(a)] (i) prunings from trees, bushes, and plants; or
34          [(b)] (ii) dead or diseased trees, bushes, and plants, including stubble;
35          [(2)] (b) burning of weed growth along ditch banks incident to clearing these ditches
36     for irrigation purposes;
37          [(3)] (c) controlled heating of orchards or other crops to lessen the chances of their
38     being frozen so long as the emissions from this heating do not violate minimum standards set
39     by the board; and
40          [(4)] (d) the controlled burning of not more than two structures per year by an
41     organized and operating fire department for the purpose of training fire service personnel when
42     the United States Weather Service clearing index for the area where the burn is to occur is
43     above 500.
44          (3) (a) The board or division may not prohibit a burn during the time period beginning
45     November 1 and ending March 31 if the burn:
46          (i) occurs in an attainment area;
47          (ii) occurs on private property within an incorporated portion of a county;
48          (iii) occurs when the United States Weather Service clearing index for the area in
49     which the burn is to occur is above 250;
50          (iv) is the open burning of clippings, bushes, plants, prunings from trees, or dead or
51     diseased trees, bushes, and plants, that are:
52          (A) incident to property and residential clean-up activities; and
53          (B) thoroughly dry;
54          (v) does not include trash, rubbish, tires, or oil in the material to be burned, used to
55     start the burn, or used to keep a fire burning; and
56          (vi) does not create a nuisance as defined in Section 76-10-803.
57          (b) Notwithstanding Subsection (3)(a), the board by rule, made in accordance with
58     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, may establish the process for

59     issuing a burn permit under this chapter.
60          Section 2. Effective date.
61          This bill takes effect on May 1, 2024.