Bismarck and Mandan residents engaging in open burning on their properties, especially in rural areas, need to be aware of strict state regulations. According to the North Dakota Department of Environmental Quality, burning certain items is unlawful and can lead to steep fines and potential jail time, impacting individuals across Burleigh and Morton counties.
The core reason behind these restrictions is the emission of toxic fumes that harm the environment. When these prohibited items are lit, they release substances considered detrimental. Among the items explicitly forbidden from open burning are rubber materials, often identified by plumes of pitch-black smoke. This prohibition extends to various plastic bags and other common household items, which also release harmful chemicals when combusted.
Further restrictions apply to specific types of wood and construction materials. Old railroad ties are illegal to burn, as is any wood that has been treated, such as varnished wood or wood that has been waterproofed. Additionally, asphalt shingles, commonly used as a protective underlayment beneath roof shingles and siding, are prohibited. These materials contribute to environmental pollution through their combustion byproducts.
Materials originating from commercial, industrial, or construction operations are also strictly forbidden from open burning. The North Dakota Department of Environmental Quality emphasizes that the consistent theme across all these prohibitions is the release of toxic fumes that are harmful to the environment when ignited. Residents should exercise caution and ensure they are not burning any of these regulated substances.
Violating these open burning restrictions, or an active county burn ban, constitutes a Class B Misdemeanor under the North Dakota Century Code (NDCC 37-17.1-10.1). This legal classification carries a maximum penalty of up to 30 days in jail and a $1,500 fine for those found in violation. Enforcement of these regulations aims to protect public health and the environment from hazardous emissions.
Separate from open burning regulations, another related offense concerns the disposal of lit items from vehicles. Tossing a lit cigarette from a vehicle is considered illegal dumping in North Dakota. This action carries an automatic $500 citation. Residents are reminded that such practices are not only fire hazards but also unlawful means of disposal, with immediate financial consequences.
Understanding and adhering to these regulations from the North Dakota Department of Environmental Quality and the North Dakota Century Code is crucial for all residents to avoid legal penalties and contribute to a healthier local environment.
