Idaho State Statutes - Idaho Attorney Directory

The legislature finds that the
current knowledge and technology support the practice of burning crop residue
to control disease, weeds, pests, and to enhance crop rotations. It is the
intent of the legislature to promote agricultural activities while at the same
time protecting public health. The legislature finds that due to the climate,
soils, and crop rotations unique to north Idaho counties, crop residue burning
is a prevalent agricultural practice and that there is an environmental
benefit to protecting water quality from the growing of certain crops in
environmentally sensitive areas. It is the intent of the legislature to reduce
the loss to the state of its agricultural resources by providing a safe harbor
to farmers when burning crop residues in compliance with this chapter and
limiting the circumstances under which agricultural operations may be exposed
to claims outside of the lawful framework for crop residue burning. The
director of the Idaho department of agriculture may promulgate rules relating
to crop residue burning under this chapter. Further, the legislature
encourages the Idaho department of agriculture and the Idaho department of
environmental quality to cooperate with local communities and the agricultural
community in order to establish smoke management and crop residue burning
programs. The legislature encourages the Idaho department of agriculture and
the agricultural community to pursue alternative means to crop residue
disposal. Nothing in this chapter shall prohibit the Idaho department of
environmental quality from enforcing the environmental protection and health
act, chapter 1, title 39, Idaho Code, and the rules promulgated pursuant
thereto, as they relate to air quality and protection of the state and
national ambient air quality standards.

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