Open Burning Bylaw: ARTICLE 34 – OPEN BURNING
All outdoor burning in the Town of Berkley shall be in accordance with the Rules & Regulations set by the Fire Chief of the Town of Berkley.
PROHIBITED ACTS. All outdoor burning of any materials with the exception of fires used in the preparation of food or outdoor fire pits or authorized by a permit issued by the Fire Department is hereby prohibited.
VIOLATIONS & PENALTIES. Violations of this Bylaw shall be punishable by a fine of $25.00 for the first offense, $50.00 for the second offense, and $100 for each subsequent offense.
OPEN BURNING SEASON BEGINS
JANUARY 15TH AND ENDS MAY 1ST
BURNING (WITH A PERMIT) OF THE FOLLOWING IS ALLOWED:
- Brush, cane, driftwood and forestry debris from other than commercial or industrial land clearing for new non-agricultural purposes.
- Burning must be at least 75 feet from all dwellings.
- Burning must take place on land closest to the source of material to be burned.
- Materials normally associated with the pursuit of agriculture, such as fruit tree pruning, dead raspberry stalks, blueberry patches for pruning purposes, infected beehives for disease control.
- Trees and brush resulting from agricultural land clearing.
- Fungus infected Elmwood if no other acceptable means of disposal is available (disease-free brush is not an acceptable starting aid).
- Burning must be carried out between 10AM and 4PM
BURNING OF THE FOLLOWING MATERIALS IS PROHIBITED:
- Brush, trees, cane and driftwood from commercial and/or industrial land clearing
- Grass, hay, leaves, and stumps
- Tires, plastic and trash
Also prohibited is the stacking, placing or storing of combustible material such that the Department of Environmental Protection may presume that it will be burned. While burning, someone must attend the fire until it is completely extinguished. Have available a water supply, such as pressurized water pump can or hose, shovels and rakes for controlling the fire.
To extinguish the fire, burn the fire down to coals and spread over the coals, snow, water, sand or soil.
All open burning must be conducted during periods of good atmospheric ventilation WITHOUT CAUSING A NUISANCE.
Whoever violates any provisions of Chapter 48, Sec 13 shall be punished by a fine of not more than $100 or by imprisonment for not more than one month or both.
You must contact the Fire Department each day you wish to burn and request permission to do so. If atmospheric conditions are not proper, permission will be denied.
When you call the Fire Department for permission to burn, you must call (508) 822-7516 between 9:30AM and 12:00PM. Be prepared to provide your name and location where the burning is taking place, and the permit number if you have existing permission.
NO PERMIT FIRES MAY BE STARTED AFTER 12PM