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JELCAR approves DNCR ban on burning brush over 5 inches despite enforceability concerns
Summary
The committee approved DNCR rule 25169, which prohibits burning brush over 5 inches in diameter, after a lengthy discussion about the technical basis, enforcement practicalities and statutory authority; the agency said the limit aligns with air-quality standards and wildfire risk and enforcement will begin with permit conditions and education.
The committee resumed consideration of Department of Natural and Cultural Resources rule 25169, postponed from the prior month. Committee staff summarized the amended conditional approval request and said the agency moved the 5-inch diameter prohibition into the permit restriction section rather than permit issuance criteria.
Steve Sharman, chief of the Forest Protection Bureau, described the rule and defended the 5-inch maximum as aligning with existing air-pollution and wildfire standards. "The 5 inch diameter is the maximum. Wood, can't be any greater than 5 inches," Sharman told the committee and said enforcement is anchored to permit language and inspections. He emphasized the department will use common sense in field inspections and begin with education and permit discussion.
Representatives raised technical enforcement questions: where on a branch the diameter is measured, how to handle swelling or uneven shapes, and whether dry firewood exceeding 5 inches should be categorically prohibited. Sharman said splitting larger logs reduces fuel moisture and that modest variances would not draw summons; forest rangers and fire wardens conduct spot inspections, and permittees certify compliance when applying online.
Several members questioned whether the diameter limitation exceeded the statutory authority tied to camping and cooking fires for which the statute sets guidelines. Agency staff pointed to the dual rationale of wildfire prevention and air-quality control, noting the 5-inch rule dates to the 1970s and remains a practical threshold.
Despite objections stressing enforceability, the committee moved and approved rule 25169 by voice vote; the record shows dissenting votes and concerns about fair, consistent enforcement.
