Skip to main content
Find a Lawyer

Utah Code Title 19. Environmental Quality Code § 19-2-114. Activities not in violation of chapter or rules

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) As used in this section, “attainment area” means an area that meets the national primary and secondary ambient air quality standard for pollution.

(2) The following are not a violation of this chapter or of a rule made under this chapter:

(a) burning incident to horticultural or agricultural operations of:

(i) prunings from trees, bushes, and plants; or

(ii) dead or diseased trees, bushes, and plants, including stubble;

(b) burning of weed growth along ditch banks incident to clearing these ditches for irrigation purposes;

(c) controlled heating of orchards or other crops to lessen the chances of their being frozen so long as the emissions from this heating do not violate minimum standards set by the board; and

(d) the controlled burning of not more than two structures per year by an organized and operating fire department for the purpose of training fire service personnel when the United States Weather Service clearing index for the area where the burn is to occur is above 500.

(3)(a) The board or division may not prohibit a burn during the time period beginning November 1 and ending March 31 if the burn:

(i) occurs in an attainment area;

(ii) occurs on private property within an incorporated portion of a county;

(iii) occurs when the United States Weather Service clearing index for the area in which the burn is to occur is above 250;

(iv) is the open burning of clippings, bushes, plants, prunings from trees, or dead or diseased trees, bushes, and plants, that are:

(A) incident to property and residential clean-up activities; and

(B) thoroughly dry;

(v) does not include trash, rubbish, tires, or oil in the material to be burned, used to start the burn, or used to keep a fire burning; and

(vi) does not create a nuisance as defined in Section 76-10-803.

(b) Notwithstanding Subsection (3)(a), the board by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, may establish the process for issuing a burn permit under this chapter.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Utah Code Title 19. Environmental Quality Code § 19-2-114. Activities not in violation of chapter or rules - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-19-environmental-quality-code/ut-code-sect-19-2-114/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard