Open Burning Rules & Regulations

TO OBTAIN A BURN PERMIT:
Download and email a completed application to: fire@sciotownship.org:

Or, call the Fire Department at (734) 665-6001.

Open burning in Scio Township is regulated by several state statutes and local ordinance, which are summarized below:

Public Act 451 of 1994 prohibits the burning of household waste that contains plastic, rubber, foam, chemically treated wood, textiles, electronics, chemicals, or hazardous materials. This act also prohibits open burning, including leaves and grass clippings, in communities with over 7,500 residents, unless allowed by local ordinance. 

Public Act 102 of 2012 prohibits burning of household waste from a family dwelling with the exception of untreated paper. 

Scio Township has adopted the 2015 version of the International Fire Code as its fire code. IFC section 307 authorizes and regulates open burning within the community. This section has been amended by modification of section 307.1.1 Prohibited open burning as follows:

  1. Open burning shall be prohibited when atmospheric conditions of local circumstances make such fires hazardous.

  2. No permits shall be issued for:
    • parcels of land with addresses located east of M-14
    • parcels of land within 1400 feet of a city or village
    • parcels of land of less than one acre in size

     
    Exception to 1) and 2): Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the fire code official. 

Open burning, excluding leaves and grass clippings, may be done after obtaining a permit from the fire department. The landowner must maintain his or her fire in compliance with PA 451 of 1994, PA 102 of 2012, and air quality regulations. Air quality regulations prohibit the burning of leaves and grass clippings, and Scio Township has not adopted an ordinance allowing for burning of leaves or grass clippings.

Air quality regulations state that open burning of trees, logs, brush and stumps must be conducted further than 1,400 feet from the boundary of an incorporated city or village and may not violate other air pollution rules.

Open burning for commercial of commercial and industrial waste is prohibited unless a company has obtained a permit from EGLE’s Air Quality Division.   

Open burning of building materials, such as construction or demolition waste is prohibited by EGLE. 

TYPES OF OUTSIDE FIRES AUTHORIZED AND RULES (IFC 2015 section 307):

OPEN BURNING:
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge-pots and similar devices associated with safety or occupational uses typically considered open flames, recreational fires or use of portable outdoor fireplaces. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of exhaust gas are open.

  • Materials to be burned must be from the property where the open burning is taking place and must be as a result of taking care of the forest, property, control of disease or pests, or improvement of wildlife habitat. 
  • Open burning must take place not less than 50’ from a structure, unless in an approved container. This may be reduced to 25’ when the pile is less than 3’ in diameter and 2’ or less in height.
  • The open burn shall be constantly attended to until extinguished and a means of extinguishment is available for immediate utilization. 
  • The lot must be 1 acre or larger.

BONFIRE:
An outdoor fire used for ceremonial purposes.

  • Bonfires are permitted and require a burn permit.
  • Bonfires must be a minimum of 50’ from a structure
  • A bonfire is larger than 3’ wide and 2’ tall.
  • The bonfire shall be constantly attended to until extinguished and a means of extinguishment is available for immediate utilization. 

RECREATIONAL FIRE:
An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.

  • A recreational fire is allowed anywhere in Scio Township, no permit is required-must be 25’ from a structure.
  • A recreational fire in a portable outdoor fireplace shall not be conducted within 15’ of a structure except when used at one- and -two- family dwellings.

BURNING OF LEAVES & GRASS CLIPPINGS:
The burning of leaves and grass clippings is prohibited under state law and not authorized in Scio Township. 

PRESCRIBED BURN:
Prescribed burning is permitted provided that the burning is in compliance with a prescription and to meet planned fire or land management objectives of a continuous cover of fuels. Prescribed burns must be done in compliance with part 515 of the natural resources and environmental protection act, Public Act No. 451 of 1994.  A written permit for prescribed burning is required. The following conditions must be met by the applicant prior to issuance of a prescribed burn permit:

  • The landowner or his or her designee has specifically consented to the prescribed burn
  • The requirements of section 51503 of PA 451 of 1994 are met
  • There are adequate firebreaks at the burn site and sufficient personnel and firefighting equipment for control of the fire
  • A certified prescription burn manager is present on site with a copy of the prescription, from ignition to control of the fire
  • The permit is accurately and completely filled out by the applicant.

Contact the fire department during business hours with any questions on obtaining a prescribed burning permit. These permits are issued only to certified personnel.  

MORE INFORMATION:
More information can be obtained at the Department of Environment, Great Lakes, and Energy website located at: https://www.michigan.gov/egle/about/organization/air-quality/open-burning