Burn Permits

Burn Permits

Burn permits may be obtained during normal business hours at the fire station (930 Main Street in Eudora, KS). 

Permits are only issued when conditions are favorable for burning. Once a permit has been issued, it is the responsibility of the permit holder to ensure all applicable rules and regulations are followed, and that conditions remain favorable for the burn. Failure to follow required rules and regulations for open burning, or burning in unfavorable conditions, may result in a permit being revoked and/or a citation being issued. 

When is a burn permit required?

A burn permit is required for all open burning within the city limits of Eudora EXCEPT:

• A permit shall not be required for camp fires, recreational fires, or established burn pits; provided that, the same have first been inspected and approved by the Fire Department; and further provided that, the remaining provisions and restrictions of this Section shall otherwise remain applicable. Furthermore, this Section shall not be deemed to prohibit the use, without a permit, of outdoor candles, lanterns, decorative fire containers, ornamental ceramic ovens, or self-contained grills or smokers; provided that, the same may be subject to inspection or extinguishment by the Fire Department, Police Department, or Codes Administrator for life, health, and safety reasons; and further provided that, the remaining provisions and restrictions of this Section shall otherwise remain applicable. 

Fees

• Residential - no fee for up to 3 days.  

• Commercial -  $50 for up to 7 days.  

  • A commercial, industrial, or construction site burning permit shall require an on-site inspection by the Fire Department or Codes Administrator prior to commencement of burning activities.

Open Burning in Eudora, KS - General Information

1. Open burning must be a planned, controlled and monitored event taking into account existing and forecasted weather conditions and the safety of surrounding people and property.

2. The open burning of organic materials such as dry untreated wood, leaves, brush, or other lawn waste shall be permitted.  Open burning of petroleum-based products, tires, shingles, tar paper, plastics, hazardous materials, furniture, human or animal waste, and household trash is strictly prohibited.

3. No burning shall take place if the wind speed exceeds or may reasonably be expected to exceed fifteen (15) miles per hour, and/or if the National Weather Service Rangeland Fire Index for Douglas County, Kansas is currently or forecasted as “high”, “very high” or “extreme” at any time during the open burn.

4. Residential burn piles shall be no larger than five (5) feet in length, five (5) feet in width, and four (4) feet in height. For residential burnings, only one (1) pile shall be burned at any one time. 

5. No burning shall be allowed in streets, alleyways, or ditches OR underneath overhead wires, power lines, or transmission lines. 

   • Residential - there shall be no burning within fifty (50) feet of any structure. 

   • Commercial burn locations require a site inspection by a fire code official to determine safe distance from structures based on size of burn pile. At no time shall a commercial burn pile be located within 100 feet of a structure.  

6. Permits for open burning may be obtained during normal business hours at the Eudora Fire Department and shall be issued only to the legal owners of the property upon which the burning is proposed to occur, or their legally authorized representatives.

7. IMPORTANT - Prior to commencing burning activities, the permit holder shall contact the Douglas County Burn Hotline at 785-832-5394 and inform them of the burning activity.  Permitted open burning which becomes out of control will become subject to citation and fine established by resolution of the governing body. 

8. Burning shall only occur and be performed during daylight hours.  Fires must be extinguished prior to sundown. 

9. Permit holders shall not engage in burning that will be, or is reasonably offensive or objectionable due to, smoke or odor emissions, and shall not engage in burning when atmospheric conditions or local circumstances would cause such burning to be hazardous or constitute a nuisance.  Burning which is determined to be hazardous or creating a nuisance will be cause for extinguishment and loss of permit fee.

10. All outdoor burnings shall be constantly attended and monitored at all times by a competent adult at least eighteen (18) years of age.  The permit holder shall provide at least one (1) garden or similar type hose and an uninterrupted water supply. Such hose shall be capable of extending twenty (20) feet beyond the burn pile. A permit holder may use an alternative means of extinguishment (such as a bulldozer or tank truck) only with the express prior written consent of the Fire Code Official.

11. The Fire Department, Police Department, or Codes Administrator shall have the authority to establish such other requirements or prohibitions on a permit-by-permit basis, as the need for protection of life, health, or safety may require.

12. Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed.  

CLICK HERE TO VIEW THE FULL ADOPTED TEXT OF THE CITY ORDINANCE ON OPEN BURNING

Enforcement & Penalties

The Fire Department, the Police Department, and/or the Codes Administrator may conduct inspections of outdoor burning activities.  Upon request, permit holders shall provide a copy of their permit.  For life, safety, or health reasons, permits may be revoked, and in such cases the permit holder shall surrender the permit and no reimbursement of the fees for such permit shall be had. All outdoor burning shall otherwise be conducted in conformance with the adopted fire code of and for the City of Eudora. The Fire Chief or their representative shall have the authority to declare burn bans within the City limits.  No permits will be issued during burn bans. 

Open burning without a permit, failure to conduct open burning in conformance with the requirements of such permit, and/or failure to prevent the spread of a burn shall be, upon conviction thereof, punishable by a fine of an amount set by resolution of the governing body.

The currently authorized maximum penalty for fire code violations is $500 per violation daily until corrected. Citations issued by the fire department include a MANDATORY court appearance.