State Regulations Cause Agricultural Burning Changes In Milton

MILTON, GA — The City of Milton Fire-Rescue Department said they recently learned that the passage of House Bill 885 in 2018, resulted in agricultural burning regulation changes at the Georgia Department of Natural Resources, Environmental Protection Division. This legislation ultimately lessened restrictions on burning for agricultural purposes throughout Georgia.

"For reasons unknown by city officials, these regulatory changes were not communicated to local jurisdictions," the city said. "As a result, and depending upon the local ordinance in place, the Milton Fire-Rescue Department, along with other departments across the state, have continued to enforce what was originally more restrictive residential burning requirements at the state level."

"These new regulations pave the way for safe agricultural burning for all those located in agriculturally zoned (AG-1) areas unless the Georgia Forestry Commissions' daily fire danger rating prohibits burning," said Milton Fire Marshal Alex Fortner. "The daily rating is based on hazardous atmospheric conditions, including low humidity and high winds, and Milton's Fire Marshal can restrict open burning at these times, regardless of zoning."

Residents unsure of their zoning can use the zoning map available on the City's website here. Prior to burning, the city encourages residents to check the Georgia Forestry Commission fire danger rating map for the daily rating. If the rating is 3, 4, or 5 for the geographic region including Milton, residents are not permitted to burn agriculturally regardless of their AG-1 zoning designation.

Milton Fire-Rescue can enforce safe burning practices, regardless of zoning. Georgia Forestry's guidelines and the International Fire Code outline safe burning practices, which are outlined on Milton's Fire Marshal Open Burning page, give the fire department the authority to prohibit and extinguish any unsafe fire. These include burning too near a structure, leaving a fire unattended, not having the means to put it out readily available, and using flammable liquids to start the fire.

"It was important that we shared this updated information with our residents, following a legal review by the city attorney," said Milton Fire Chief Robert Edgar.

According to the city attorney, local jurisdictions do have the authority to enact specific local ordinances that address open burning and public safety.

"We're going to take a look at our ordinances to ensure that we aren't overly restrictive on our AG-1 residents maintaining land, but that we're also taking a common-sense approach to open burning and protecting the community," Fortner said.

The Milton Communications Team will share additional details after the fire department has completed its review.

Questions regarding open burning regulations can be sent to fire.marshal@cityofmiltonga.us or call Fire Administration at 678-242-2541.