81-520.01. Statewide open burning ban; waiver; permit; fee; terms, defined.
536 words·~2 min read·
/ne/chapter-81/81-520-01A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)There shall be a statewide open burning ban on all bonfires, outdoor rubbish fires, and fires for the purpose of clearing land.
(2)The fire chief of a local fire department may waive an open burning ban under subsection
(1)of this section for an area under the local fire department's jurisdiction by issuing an open burning permit to a person requesting permission to conduct open burning. The permit issued by the fire chief to a person desiring to conduct open burning shall at a minimum contain
(a)the name and telephone number of the landowner,
(b)the burn location,
(c)the date and beginning and ending time of the burn,
(d)a description of the material to be burned,
(e)the name and telephone number of the person responsible for the burn,
(f)whether the land-management burning is to be a prescribed burning or a controlled burning, and
(g)the approximate number of acres to be burned. The local fire department may have additional requirements for a burn to be permitted. The permit shall contain the signature, written or electronic, of the local fire chief. The State Fire Marshal shall provide a sample form with the minimum requirements on the website of the State Fire Marshal.
(3)The fire chief of a local fire department may waive the open burning ban in the local fire department's jurisdiction when conditions are acceptable to the chief. Anyone intending to burn in such jurisdiction when the open burning ban has been waived shall notify the fire chief of his or her intention to burn prior to starting the burn.
(4)The fire chief of a local fire department may adopt standards listing the conditions acceptable for issuing a permit to conduct open burning under subsection
(2)of this section.
(5)The local fire department may charge a fee, not to exceed ten dollars, for each such permit issued. This fee shall be remitted to the governing body for inclusion in the general funds allocated to the fire department. Such funds shall not reduce the tax requirements for the fire department. No such fee shall be collected from any state or political subdivision to which such a permit is issued to conduct open burning under subsection
(2)of this section in the course of such state's or political subdivision's official duties.
(6)For purposes of sections 81-520.01 to 81-520.05 :
(a)Controlled burning means a nonbroadcast burn primarily to clean up or remove debris or vegetation from a debris pile, ditch, or other condition where the spread of fire is limited to a small area;
(b)Land-management burning consists of controlled burning and prescribed burning; and
(c)Prescribed burning means a form of controlled burning that includes planning for the systematic application of fire to manage vegetation on land utilized for grazing, pasture, forests, or grassland, control weeds, pests, insects, and disease, prevent wildland fires, manage watersheds, benefit wildlife, care for windbreaks, and conduct scientific research.
A permit issued under this section is a license and does not create any contractual liability between the person obtaining the permit and the fire district that issues it. Syracuse Rur. Fire Dist. v. Pletan, 254 Neb. 393, 577 N.W.2d 527 (1998).