Michigan Open Burning Laws

One. Open incineration of commercial waste is not permitted. Once a waste is produced in a commercial facility, it is considered “commercial” regardless of where it is disposed of. Therefore, commercial waste cannot be brought into a household for incineration. Open burning is the act of lighting unwanted paper, garbage, debris, trees, branches or lawns for disposal, where smoke and emissions are released directly into the open air. For rural areas without garbage collection, burning brushes and garbage seems to be the most practical way to destroy these discarded materials. However, open burning can pose a fire hazard, especially in dry summer conditions where a forest fire can occur. Open burning releases pollution into the air that can obscure vision, deposit soot and ash on nearby structures, and injure people with impaired lung health. As a result, national and local laws regarding open burning are very restrictive and violations can result in fines or imprisonment.

All Michigan homeowners should be aware of these rules before setting it on fire. State laws governing open incineration are governed by the Natural Resources and Environmental Protection Act. Open burning is defined by the Michigan Department of Environmental Quality as “the combustion of unwanted materials that release smoke and other emissions directly into the air without passing through a chimney or chimney.” Common materials that are burned are paper, trees, bushes, leaves, grass and other debris. As with most things, an ounce of prevention is worth several pounds of litigation. Before considering open burning in your area, you should check with your local government that your planned fire, even if authorized by state law, is not prohibited by a city, village or village ordinance. If you are charged with a violation, you have an absolute right to have a lawyer to assert your rights, represent you in court, and hold the government accountable for its burden of proving your guilt beyond a reasonable doubt. Keep in mind that a violation of a misdemeanor can be punished by a prison sentence, so you should not take these problems lightly. Get the best defense in your corner right from the start. A.

No. You must not destroy a standing structure such as a barn or abandoned building by open burning, even if it must be done on your own property. Air quality regulations explicitly state that a structure can only be burned for fire safety training. This means that even firefighters are limited to openly burning a building for training purposes. A structure must not be intentionally burned for any other purpose. One. Businesses may burn trees, logs, bushes and stumps as long as the incineration is carried out in accordance with the regulations on page 2 of this fact sheet. Although open incineration of these materials is allowed, companies are encouraged to consider other disposal options for this type of waste, such as cutting, composting or burning wood as fuel. One. An incineration permit is required if the ground is not covered with snow and the incineration is not carried out in an approved incineration barrel. The permit can be a written document or an oral telephone permit (see next question, where to get a burning permit). “However, a patriotic congressional chartered organization that disposes of an unusable flag of the United States by burning that flag shall not be subject to regulation or punishment for violating any state law or local ordinance with respect to the open burning of materials or substances.” MCL 324.11522(8).

If done under state law, the removal of a flag unusable by fire is not subject to restrictions by ordinance of the city, municipality or village. One. Open incineration of waste generated during conversion shall not be permitted. This waste is considered “construction and demolition waste” and should be disposed of in a landfill that accepts construction and demolition waste. These state laws also do not prohibit a person from openly burning untreated wood fruit or vegetable containers if all of the following requirements are met: A. Open burning of manure is not permitted under air quality regulations. In addition, this practice is not consistent with the Michigan Agricultural and Management Commission`s Generally Accepted Agricultural and Management Practices (GAAMP) for manure management and use. For more information on GAAMPs, visit the Michigan Department of Agriculture`s website titled “What Are GAAMPs?” Clean Air Assistance Program EGLE-Assist@michigan.gov 800-662-9278 Typically, structures intended for demolition by intentional incineration are subject to state and federal air quality and solid waste regulations. Michigan regulations allow the deliberate incineration of buildings only for fire department fire safety training. Any other deliberate fire of a building (including yours) may result in prosecution of the perpetrator.

One. Open burning of empty fertilizer packages or empty pesticide containers from farms is NOT permitted. Consider recycling as an alternative. Many elevators across the state accept empty containers for recycling. The Michigan Clean Sweep Program, administered by the Michigan Department of Agriculture and Rural Development (MDARD), allows farmers to dispose of unused and unwanted pesticides.