Idaho State Statutes - Idaho Attorney Directory

(1) The open burning of crop residue
grown in agricultural fields shall be an allowable form of open burning when
the provisions of this chapter, and any rules promulgated pursuant thereto,
and the environmental protection and health act, and any rules promulgated
pursuant thereto, are met, and when no other economically viable alternatives
to burning are available, as determined by the director, for the purpose of:
(a) Disposing of crop residues;
(b) Developing physiological conditions conducive to increased crop
yields; or
(c) Controlling diseases, insects, pests or weed infestations.
(2) The following provisions shall apply to all agricultural field
burning:
(a) In order to minimize impacts upon populated areas of the counties
designated in subsection (3) of this section, any person conducting crop
residue burning must make every reasonable effort to burn only when
weather conditions are conducive to adequate smoke dispersion, and the
burning does not emit particulates or other material which exceed the
state and federal ambient air quality standards; and
(b) The open burning of crop residue shall be conducted in the field
where it was generated.
(3) In Kootenai, Benewah, Boundary, Bonner, Shoshone, Latah, Clearwater,
Nez Perce, Lewis and Idaho counties, the legislature finds that there are a
great many cereal grain, field grass, forage grass, and turf grass fields, and
it is a practice to burn these fields to control disease, weeds and pests in
these counties. Therefore, in the counties specifically identified in this
subsection, no person shall conduct or allow any crop residue burning without
first registering each field with the department each year burning is
conducted, and without first receiving authorization from the department that
the conditions of subsection (2)(a) of this section are met. This provision is
not met unless all information required by the department for registration is
received by the department prior to field ignition.
(4) The use of reburn machines, propane flamers, or other devices to
ignite or reignite a field for the purpose of crop residue burning shall be
considered an allowable form of open burning when the provisions of this
chapter, and any rules promulgated pursuant thereto, the environmental
protection and health act, and any rules promulgated thereto, are met.
(5) Any rules promulgated by the DEQ relating to opacity standards shall
not apply to crop residue burning.

Click here to visit the Official Idaho State Statutes