Under Oregon laws, outdoor burning is regulated by the Department of Environmental Quality for pollution concerns, the Department of Forestry when our forests or timber is affected, and the Fire Department for Fire & Life Safety concerns. Canby Fire District is required to comply with the Oregon Fire Code, ORS 478 and O.A.R. Chapter 340, Rules for Open Burning.
Canby Fire District issues permits for some Agricultural and Special burning conditions. D.E.Q. prohibits burning of any materials at Commercial, Industrial, Multi-Family Dwellings (5 or more units), and all Construction sites.
The fire department will close burning on days when weather conditions cause high fire danger. The State Fire Marshal may also restrict burning during extreme fire season conditions. Please use safe burning practices at all times to prevent wildfires.
To minimize air pollution resulting from outdoor burning, D.E.Q. has prescribed specific burning seasons. Each day the authority to burn may be granted or restricted depending on the air quality.
Residential/Backyard Burning Requirements
Yard, Tree and Garden debris
Special Permit Requirements
Special permits may be issued for large piles of combustible debris such as tree stumps that have been removed from the ground as agricultural waste, yard debris or slash. Burning of demolition waste is prohibited without a Letter Permit from D.E.Q. Compliance with the Open Fire Safety Rules and the following are required.
Agricultural BurningAgricultural Permits are for those individuals who meet the DEQ requirements as summarized below. Refer to Oregon Administrative Rule Chapter 340, Division 264 for details. Materials burned under an agricultural are limited to bona fide agricultural waste (other than prohibited materials listed). Agricultural waste is material generated by an agricultural operation that uses, or intends to use, land primarily for the purpose of obtaining a profit in money by raising, harvesting and selling crops or raising and selling livestock (including poultry) or the produce thereof. The question of whether a particular activity is or is not “agricultural” is a question of land use or intended use and profit motive. The primary purpose must be an intention to “earn a profit in money by selling crops or produce. The operation must be large enough to have a profit motive as a reasonable objective, i.e., large enough not to be confused with a personal garden or hobby. Agricultural burning must be an integral and necessary part of the agricultural activity. The agricultural activity might include clearing of land, the construction and use of barns, sheds or other farm buildings, but does not include the construction and use of dwellings in which the farmer or workers live. Burning associated with a dwelling is considered to be residential/backyard burning and is not part of the agricultural operation. Any agricultural burning that requires burning over night (i.e., stumps, heavy timber, etc.) shall comply with special permit requirements. A special permit is required prior to burning of this combustible waste. During the yearly Fire Season (July 15th through September 15th ), and any other time a high fire danger is declared by the District, Agricultural open burning is prohibited unless specifically authorized by D.E.Q.. Before starting any fire call 503-266-5851 Comply with the Open Fire Safety Rules
Forestry Burning Permits
Reforestation, Stand Improvements, Slash Burning Permits are required by the Oregon Department of Forestry Clackamas-Marion District for burning of combustible debris on land that you plan to clear and reforest, stand improvements where you clear out underbrush, smaller trees, etc. or any slash burning in their (ODF’s) district. Burning of Land Clearing Debris in locations where the land is not going to be reforested or is cleared for construction of structures requires a Letter Permit from D.E.Q. Contact the Department of Forestry at 503-829-2216 for permits. Notify Canby Fire District at 503-266-5851 during business hours before starting any fires under O.D.F. permits. Industrial, Commercial and Multi-Family D.E.Q. prohibits burning of industrial, commercial or multi-family dwelling (5 units or more) waste.
Campfires, Cooking Fires and Bonfires
Prohibited MaterialsNo person shall cause or allow to be initiated or maintained any open burning of any garbage, plastic, wire insulation, automobile parts, asphalt, petroleum products, petroleum treated material, rubber products, animal remains or animal or vegetable matter resulting from handling, preparation, cooking, or service of food or of any other material which normally emits dense smoke or noxious odors. Burning of uncut or standing vegetation (including grass, brush, trees, etc.) is prohibited without a special permit. Burning of any materials transported from another location is prohibited.
EnforcementBurning in violation of these rules is both a Oregon Fire Code violation and a violation of D.E.Q. Air Pollution Regulations. The Fire Officer has the authority to issue an Open Burning Violation Notice. The Fire Chief or Fire Officer will review each notice of non-compliance and may revoke a permit if warranted. Failure to comply with the Oregon Fire Code is a misdemeanor under ORS 478.960 and 478.990(2). Recovery of costs by the District are permitted by law (478.965). The Fire Chief or Fire Officer may refer any burning violation to D.E.Q. for separate Air Pollution Regulation enforcement. Violation of Air Pollution Regulations may result in a fine of up to $10,000.00 per day from D.E.Q. Oregon Department of Forestry will also enforce burning rules in areas of their jurisdiction when a fire endangers any harvestable timber. The responsible party when so ordered by any officer of a Police or Fire Department shall extinguish any open fire. The person responsible for any fire can be held liable for damages to other persons or other person’s property as a result of their fire. The fire district may also charge for costs to respond and extinguish any fire not permitted under these rules.
Open Fire Safety Rules