No.
Burning trash in Nebraska violates state environmental statutes and local air quality ordinances, with enforcement by the Nebraska Department of Environment and Energy (NDEE) and county health departments. While agricultural burning is permitted under strict conditions, municipal solid waste incineration is prohibited under the Nebraska Environmental Protection Act (NEPA) §81-1504. Violations may incur fines up to $10,000 per day under 128 NAC 15, with potential criminal liability for repeat offenses. Local governments, such as the Douglas County Health Department, may impose additional restrictions beyond state law.
Key Regulations for Burning Trash in Nebraska
- State Prohibition: The NDEE enforces NEPA §81-1504, which bans open burning of household, commercial, or industrial waste, including plastic, rubber, and treated wood. Violations trigger mandatory penalties under 128 NAC 15.
- Agricultural Exceptions: Farmers may burn crop residues or untreated wood waste only with prior NDEE approval (128 NAC 15-006.01), provided emissions do not exceed federal PM2.5 standards.
- Local Overrides: Counties like Lancaster and Sarpy enforce stricter rules; for example, Lancaster County prohibits all outdoor burning year-round, including yard waste, unless permitted under a burn ban exemption.
Nebraska’s regulatory framework aligns with EPA’s Clean Air Act, with 2026 compliance shifts emphasizing electronic waste tracking to curb illegal incineration. Non-compliance risks civil penalties and potential referrals to the Nebraska Attorney General’s Environmental Protection Division.