Open Burning Regulations and Safety
On September 8th, 2025, A Resolution was passed by the Board of County Commissioners. This resolution recommended updates to the county code that regulates open burning and was necessary to promote fire safety and protect people and property from the dangers of open burning.
The Phillips County Emergency Management Office in coordination with local Fire Chiefs is authorized to establish or relax a burn ban whenever it is believed such actions are appropriate. Burning restrictions will be based on the following conditions: drought with minimal precipitation, relative humidity of 25% or less, sustained surface winds, or frequent gusts of 15mph or greater, temperatures of 75 degrees or higher, and a Fire Danger Index of Very High or Extreme. Weather conditions will be determined by the National Weather Service (Hastings) forecast.
Procedures: The Emergency Management Office will review the forecast daily and calculate the fire danger levels based on the conditions described above. The Emergency Management Office will then notify the Sheriff’s Office of the current day’s burning authorization (permitted or restricted).
Restricted: When in effect, a burn ban (restriction) prohibits all outdoor burning including fire pits, trash pits, ornamental fire chimneys, fields, brush piles, gardens, any other form of open burning (not to include propane or gas barbeque grills).
Permitted: When approval is granted for controlled burning operations in accordance with (K.A.R. 28-19-647. Exceptions to prohibition on open burning. (a)). It is necessary and in the best interest of the public that all controlled burning is subject to the following conditions including, but not limited to:
● Stockpile the material to be burned
● Dry the material to the greatest extent possible before it is burned
● Ensure material is free of matter that will inhibit good combustion
● Do not burn heavy smoke-producing materials - heavy oils, tires, tarpaper, etc.
● Burning should NOT be initiated during the nighttime (period from 2 hours before
sunset until 1 hour after sunrise)
● Burning should not take place during inclement or foggy conditions, or on very
cloudy days (0.7 cloud cover with a ceiling of less than 2,000 ft.)
● Do not burn when wind speeds are more than 15mph
● Do not burn within 150 feet of any structure, oil tank(s), or vehicles.
● Do not conduct a burn that creates a traffic or safety hazard. If burning is to take
place within 1,000 ft. of a roadway, notify the highway patrol, sheriff's office, or
other appropriate state or local traffic authority before the burning begins
● If burning is to take place within 1 mile of an airport, notify the airport authority
before burning begins
● Supervise the burn until the fire is extinguished (once extinguished perform at
least two more verifications (recommended every 4 hours) to validate the fire is
completely out
● The local Fire Chief or Emergency Manager may revoke any approved allowance
of any controlled burn
● If any controlled burn begins to get out of control, call 911 immediately
Controlled Burning Instructions: Call the Phillips County Sheriff’s Department, 785-543-6885 to ensure burning is allowed BEFORE STARTING an open burn. Include the following information: the name, address, and phone number of the person responsible for the burn, the exact location of the intended burn, start time, and type of materials to be burned. Once the fire has been extinguished, please call the Sheriff’s Department and notify them that your controlled burn has been extinguished.
Penalties: It shall be unlawful to violate this burn ban and anyone in violation may be charged with an unclassified misdemeanor and if convicted, will be subject to a fine not to exceed $500 dollars. Further, any person starting said fire without complying above may be ordered to make restitution for any damages done including fire department fees and expenses
