Open Burning

Currently Open Burning is ALLOWED with an APPROVED PERMIT

Cahaba Valley Fire District Requirements

The open burning of brush is allowed only from November 1 to May 1. This is the only time you may apply for a permit. The information on this page only applies to those areas in Jefferson and Shelby County serviced by the Cahaba Valley Fire District.

**A permit will not be issued to an address in Jefferson County unless the applicant provides an approved permit from the Jefferson County Health Department at the time of application.**

A Permit MUST be applied for and received prior to any burning. Permit approval is subject to all regulations below.

Apply for a Permit

You may obtain a burn permit by visiting Station 185 at 145 Narrows Drive Birmingham, AL 35242 between the hours of 8 a.m. and 4 p.m. on week days or call 205-991-6664 Option 5 then Option 1 for more information.

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

Air Division

Control of Open Burning and Incineration

335-3-3-.01 Open burning may be conducted for the purposes listed below and if it meets all the requirements of this paragraph.  Authority to conduct open burning under the provisions of this paragraph does not exempt or excuse a person from the consequences, damages, or injuries which may result from such conduct, nor does it exempt or excuse a person from complying with all applicable laws, ordinances, regulations, and orders of governmental entities having jurisdiction, even though the open burning is conducted as specified in this paragraph.

(1) No person shall ignite, cause to be ignited, permit to be ignited, or maintain any open fire except as follows:

(a) Open fires for the cooking of food for human consumption on other than commercial premises;

(b) Fires for recreational or ceremonial purposes;

(c) Fires to abate a fire hazard, providing the hazard is so declared by the fire department or fire district having jurisdiction;

(d) Fires for prevention or control of disease or pests;

(e) Fires for training personnel in the methods of fighting fires, provided that all requirements of ADEM Admin. Code R. 335-3-11-.02(12) are met;

(f) Fires for the disposal of dangerous materials where there is no practical alternate method of disposal and burning is approved by the Director;

(g) Fires set for recognized agricultural, silvicultural, range, and wildlife management practices;

(h) Fires set in salamanders or other devices, utilizing only wood, vegetation, coal, propane, kerosene, fuel oil or used oil (used oil as defined in ADEM Admin. Code Chapter 335-14-17) as fuel, and used by construction or other workers for heating purposes;

(i) Open fires specifically or expressly approved by the Director.

(2) Open burning may also be conducted for the purposes listed below and if it meets all the requirements of this paragraph. Authority to conduct open burning under the provisions of this paragraph does not exempt or excuse a person from the consequences, damages, or injuries which may result from such conduct, nor does it exempt or excuse a person from complying with all applicable laws, ordinances, regulations, and orders of governmental entities having jurisdiction, even though the open burning is conducted as specified in this paragraph.

(a)  Open burning of vegetation or untreated wood may be conducted if it is generated by clearing or maintaining land, or from demolition or operations conducted for any of the following purposes:

  1. Erection of any structure;
  2. Construction of any transportation, utility, or communications line;
  3. Maintenance of rights-of-way;
  4. Development or modification of a recreational or commercial area;
  5. Plant husbandry practices.
  • Open burning authorized by this paragraph shall comply with the following conditions:

The burning must take place on the property on which the combustible fuel originates;

  1. The location of the burning must be at least 500 feet from the nearest occupied dwelling other than a dwelling located on the property on which the burning is conducted;
  2. The burning must be controlled so as to avoid creating a traffic hazard on any public road, street, or highway as a result of the air contaminants emitted;
  3. Only vegetation and untreated wood may be burned. It is unauthorized to open burn heavy oils, asphalt products, plastics, vinyl materials, insulation, paper, cardboard, natural or synthetic rubber, salvage or scrap materials, chemicals, garbage, treated or painted wood, or any trash;
  4. Initial burning may be commenced only between the hours of 8:00 a.m. and 3:00 p.m. No combustible material is to be added to the fire between 3:00 p.m. and 8:00 a.m. the following day;
  5. Burning shall be conducted only when there is good ventilation and when the prevailing wind direction is away from any built-up area in the vicinity. No burning shall be conducted in areas under a current air stagnation advisory issued by the National Weather Service or during a “Drought Emergency” declared by the Governor;
  6. The fire shall be attended at all times.
  • The Director or his authorized representative may impose additional conditions to cover specific open burning situations where additional controls or requirements are deemed necessary to minimize air pollution.

(d) Permission to open burn under the provisions of this paragraph is revoked during the months of May, June, July, August, September and October in Baldwin, DeKalb, Etowah, Jefferson, Lawrence, Madison, Mobile, Montgomery, Morgan, Russell, Shelby and Talladega Counties.

Alabama Forestry Commission

Red Flag Warning – Issued by the National Weather Service

The National Weather Service will issue a “Red Flag Warning” for specific areas when weather conditions indicate a high fire potential. This warning is very short term, and is only in place while the weather conditions are occurring. A warning will be issued when the following conditions occur.

  • KBDI greater than 300
  • And Minimum Relative Humidity values less than 25%
  • And 20 Foot Winds 15 mph or greater
  • And these conditions lasting for a 4 hour duration or longer

*If a particular county is under a Fire Alert, the Keetch-Byram Drought Index (KBDI) criterion is suspended.

Fire Danger Advisory – Issued by the Alabama Forestry Commission

When extremely dry weather conditions and low humidity combine to create an atmosphere favorable for wildfires, the Alabama Forestry Commission urges everyone to delay outdoor burning until conditions improve if at all possible.

Fire Alert – Issued by the Alabama Forestry Commission

When weather conditions are such that there are an abnormal number of wildfires, or several unusually large wildfires in an area, or when there is an issue with severe smoke causing air quality degradation, The State Forester may issue a Fire Alert for specified counties. This allows the Alabama Forestry Commission to restrict the issuing of Burning permits. On most days, permits are issued to everyone who meets the requirements of the permit law. During a Fire Alert, only Certified Prescribed Burn Managers with adequate manpower and equipment may be issued a permit.

Drought Emergency – Issued by the Governor

A Drought Emergency can be declared when a Fire Alert fails to control a wildfire situation. Generally this occurs when the Keetch-Byram Drought Index (KBDI) is over 600 and there are on average more than 1 wildfire per county per day over a wide area. The State Forester works with the Governor’s Office to issue a formal regulation, which has the effect of law. A Drought Emergency is commonly called a “No Burn Order” and prohibits any outdoor burning, including any prescribed burns, camp fires, trash fires.

The regulations allow barbeque fires for cooking IF the fire is in a charcoal grill or masonry barbeque pit, including large barbeque pits used by civic organizations to prepare food. Anyone grilling or barbequing during the Drought Emergency should have water hoses on site to prevent any loose sparks from setting a wildfire, a circle at least 10 feet wide around the grill should be cleared of any burnable material. Side fires to generate coals for a barbeque must also be within a grill or masonry pit. Gas grills are allowed.

USDA Forest Service Public-Use Restrictions – Issued by the United Stated Forest Service

During times of high wildfire danger, The USDA Forest Service may restrict or close a portion of a National Forest to the public. This is a safety consideration as well as a fire prevention action. These restrictions are posted on the USDA Forest Service website.