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STAFF REPORT <br />DATE: May 5, 2026 <br />REGULAR <br />TO: Mayor and Councilmembers <br />FROM: Dustin Kalis, Fire Chief, Anthony Svoboda, Assistant Fire Chief / Fire Marshal <br />AGENDA ITEM: Open Burning Ordinance Amendments <br />CORE STRATEGIES: <br />☐ Vibrant, inclusive, connected community <br />☒ Responsive, transparent, adaptive governance <br />☒ Managed Growth <br />☒ Efficient, reliable, innovative services <br />☐ Balanced Finances now and future <br />☐ Resilient Infrastructure <br />BACKGROUND: <br />The current open burning ordinance was adopted in April of 2022. Since that time, staff have evaluated the <br />current program and have identified several issues that arise from open burning and may be addressed with an <br />updated ordinance. This update has no impact on recreational fires currently allowed by ordinance. <br />A growing concern over the last few years is the number of applicants that are completely unaware of the safety <br />requirements or who demonstrate an unwillingness to follow the information provided. Staff spends more time <br />“planning burns” rather than reviewing them. Increasingly, staff receives applications for burns in dense <br />residential areas of the city including, for example, in the Old Village. Based on the current ordinance and its <br />associated application, there are no restrictions (other than safety violations) that allow staff to deny a permit <br />application if the applicant meets the requirements. Unfortunately, because of the density of the city in some <br />areas and the lower tolerance to smoke, complaints are becoming more frequent. <br />This item was discussed at the October 14, 2025 workshop. <br />ISSUE BEFORE COUNCIL: <br />Should the City Council consider adopting a more restrictive ordinance change to 5.12-IV Open Burning? <br />PROPOSAL DETAILS/ANALYSIS: <br />At the October 14, 2025 workshop, staff presented two recommendations for Council to consider: <br />1.Allow open burning only by a licensed contractor, the DNR, or Washington County Parks and <br />increase the requirements for piled material (for example, 750 feet from combustibles). Removing the <br />open burn allowance simplifies the decision-making process. Without a license to conduct this type of <br />work, it’s prohibited. Brush and debris will need to be removed to a yard waste site.