Committee approves DNCR rule banning burning brush over 5-inch diameter amid enforcement questions

The committee approved a Department of Natural and Cultural Resources rule (25169) that prohibits burning brush with a diameter greater than 5 inches, a limit the agency said aligns with state air-pollution standards and wildfire-risk reductions.

Staff reminded the committee that the proposal had been postponed previously and that an amended conditional approval moved the 5-inch prohibition to the permit restriction section rather than issuance conditions. Steve Sharman, chief of the Forest Protection Bureau, said the 5-inch maximum is a practicable, easy-to-identify standard and explained that permittees sign that they will not burn wood exceeding that diameter.

Legislators questioned how enforcement would work in practice: who measures diameter, whether irregularly shaped brush with a swelling would be prohibited, and whether splitting large logs would address the restriction. Sharman said field staff and forest rangers use common sense; minor variances would not prompt summonses and permittees often certify online that they will comply. He added that splitting wood into pieces below the diameter solves the issue.

Opponents said the rule may be difficult to enforce fairly and could extend beyond statutory authority for certain categories of fires. Proponents said the restriction dates back decades and helps reduce smoldering green wood and nuisance smoke complaints. After discussion and recorded objections, the committee passed the rule by voice vote.