Burn Permits

In order to apply for a burn permit, you MUST read and understand Nebraska Statute 81-520 an all of its subsections shown below.

You can download the permit application at the bottom of the page.

81-520.01. Statewide open burning ban; waiver; permit; fee.

(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 be in writing, signed by the fire chief, and on a form prescribed by the State Fire Marshal. The State Fire Marshal shall provide local fire departments with such forms.

(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.

81-520.02. Open burning ban; range-management burning; violations; penalty.

Any person violating the statewide open burning ban established by section 81-520.01 or violating sections 81-520.03 to 81-520.05 shall be guilty of a Class IV misdemeanor.

81-520.03. Land-management burning, defined; fire chief of local fire department; designate member of department.

(1) For purposes of sections 81-520.01 to 81-520.05, the fire chief of a local fire department may designate a member of the local fire department to share the powers and duties of the fire chief under such sections, except adopting standards pursuant to subsection (4) of section 81-520.01.

(2) For purposes of sections 81-520.04 and 81-520.05, land-management burning means the controlled application of fire to existing vegetative matter on land utilized for grazing, pasture, forests, or grassland to control weeds, pests, insects, and disease, prevent wildland fires, manage watersheds, care for windbreaks, and conduct scientific research.

81-520.04. Land-management burning; permit; issuance; when.

The fire chief of a local fire department may waive an open burning ban under subsection (1) of section 81-520.01 by issuing a permit for land-management burning only if the land-management burning is to be conducted in accordance with section 81-520.05.

81-520.05. Land-management burning; application for permit; plan; contents; fire chief; duties.

(1) A landowner, tenant, or other landowner's agent of the land where land-management burning is proposed shall file an application for a permit and a plan for conducting such burning. The plan shall include:

  1. The name of the landowner of the land on which land-management burning is to occur;
  2. The name of the person who will supervise the land-management burning if such person is different than the landowner;
  3. The land-management objective to be accomplished;
  4. A map showing the areas to be burned, including natural and manmade firebreaks;
  5. Procedures to be used to confine the fire in boundary areas without preexisting firebreaks;
  6. A list of equipment that will be on hand;
  7. The types and conditions of the vegetative matter to be burned on the land and in adjacent areas;
  8. Identification of roads and habitations that may be affected by smoke;
  9. A description of weather conditions believed to be required to safely and successfully conduct the land-management burning, including wind speed and direction, temperature, and relative humidity; and
  10. Such other information as may be prescribed by the fire chief of a local fire department.

(2) The fire chief of a local fire department shall evaluate each plan to determine its compliance with subsection (1) of this section. If a plan fails to comply with all provisions of such subsection, a permit for land-management burning shall not be issued.

(3) The fire chief of a local fire department shall issue a permit for land-management burning if (a) the plan complies with subsection (1) of this section and (b) the fire chief determines that land-management burning conducted in accordance with the plan would be conducted with due regard for the safety of people and property outside the burning areas. No permit shall be valid for more than thirty days.

Effective Date: August 27, 2011
Download a burn permit application here.
 
Banner

Chief Dell Simmerman

409 East 2nd Street
Ogallala, Nebraska 69153
Phone: 308.284.4553
After Hours: 308.284.2024
Fax: 308.284.3718


© 2017 Ogallala Volunteer Fire Department