AGENDA DATE: 6/6/2018
TITLE:
Title
Open Air Burning Regulations for Land Clearing and Development Operations
BODY
SUBJECT/PROPOSAL/REQUEST: Approve strengthening County regulations regarding open air burning
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Richardson, Walker, Kamptner, Eggleston, Oprandy, Lagomarsino, Farley
PRESENTER (S): Howard Lagomarsino
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: Albemarle County regulations for open-air burning conform to applicable Federal Codes, Virginia State Code, the Statewide Fire Prevention Code, and regulations promulgated by the Virginia Air Pollution Control Board (Attachment A). Burning regulations are codified in Albemarle County Code, Chapter 6, Article IV and allow open-air burning under specific circumstances. Open-air burning occurs as part of agriculture management practices, cleanup of yard waste, land maintenance, storm cleanup, and the clearing of land for development. A permit is not required for burning associated with private residence yard maintenance or land maintenance on agricultural/larger properties where owners/staff have attended the County's Certified Open Burn class. Permits are required for land clearing operations associated with construction and land development.
The Board has addressed open-air burning on a number of occasions. The Board was briefed on open-air burning associated with land clearing on July 02, 2008, barring open-air burning of trash on January 09, 2013, increasing open-air burning permit fees associated with land clearing on March 04, 2015, and additional regulation on December 6, 2017. The Board most recently discussed strengthening permit requirements and introducing additional commercial restrictions on April 4, 2018 (Attachment B). During the April 4, 2018 meeting, the Board requested staff return with a draft ordinance incorporating the suggested changes to the Chapter 6, Article IV ("Burning of Brush, etc.") of the Cou...
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