Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Open Burning topic
No spam. Unsubscribe anytime.
Council advances revised open-burning and fire-pit ordinances, refers drafts for legal cleanup
Summary
The Lincoln Town Council reviewed two related ordinances to modernize open-burning permits and regulate residential fire pits — aligning rules with NFPA guidance, setting a 1-acre minimum for open burns and a Jan. 2–April 30 season, and referring the drafts to the town solicitor for legal and typographical edits.
The Lincoln Town Council on Thursday reviewed two draft ordinances intended to standardize when and how residents may burn brush and use residential fire pits.
Presenter (the official who introduced the item) said the town is moving burn-permit processing onto the town’s OpenGov portal and aligning local language with National Fire Protection Association (NFPA) standards to remove inconsistencies between districts. “Burn permits is being handled at the local level within the individual fire districts,” the presenter said, and the new language will allow the town website to route permit applications to the appropriate fire chief.
Council members and fire officials focused on operational limits. Council discussion described the open-burning draft as applying to larger burns — generally only on parcels of 1 acre or more — and limiting open burning to a seasonal window (January 2–April 30) and daily hours (10 a.m. to 4 p.m.). An agency official representing the Lincoln District told the council that, under current practice, only the Butterfly Farm routinely qualifies for an open-burn permit and estimated the district receives “probably a dozen” requests annually for larger open burns.
The fire-pit ordinance was presented as a separate document and would set safety-distance requirements and other standards for residential pits and outdoor fireplaces. Councilors asked whether a 20-foot setback from structures was required and whether existing built-in patios or fireplaces could be grandfathered; agency officials said the fire chief would have authority to apply professional judgment and reduce required distances in particular cases.
Members also raised liability questions about departing from state or NFPA guidance. In response, staff recommended sending the draft ordinance language to the town solicitor to correct statutory citations, clean up section references (for example, to Chapter 16 and section cross-references), and fold website guidance into properly drafted ordinance text. The council voted unanimously to refer the ordinances to the solicitor for revision and to take the items up again at a future meeting.
The next procedural step is solicitor review and re-styling of ordinance language; the council did not adopt either ordinance at this meeting.
