It is strictly regulated.
Open burning in Kansas is permitted only under stringent conditions enforced by the Kansas Department of Health and Environment (KDHE) and local air quality management districts. While agricultural burning and certain exemptions exist, most residential and commercial open burning violates state air quality standards. Violations trigger fines up to $25,000 under the Kansas Air Quality Act, with enforcement escalating post-2026 due to updated EPA compliance mandates.
Key Regulations for Open Burning in Kansas
- Permit Requirements: A KDHE-issued burn permit is mandatory for all non-agricultural open burning, including brush piles and land clearing debris. Permits are denied in nonattainment areas like the Kansas City metropolitan region.
- Prohibited Materials: Burning household trash, construction waste, tires, or treated wood is illegal under K.A.R. 28-19-700. Violators face immediate penalties and potential criminal charges for repeat offenses.
- Seasonal and Weather Restrictions: Open burning is banned during ozone season (May 1–September 30) in counties exceeding federal air quality thresholds. Wind speeds above 10 mph or air stagnation trigger automatic prohibitions.
Local health departments, such as the Sedgwick County Division of Environmental Health, may impose additional restrictions. Agricultural burning requires prior notification to KDHE, with acreage and residue limits strictly enforced. Non-compliance risks federal enforcement under the Clean Air Act, particularly in counties transitioning to attainment status by 2026.