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 Manatee County
 Code of Ordinances
 Appendix A. ENVIRONMENTAL REGULATIONS
 Article III. OPEN BURNING

  § 3.03. Adoption of state rules by reference.  

Latest version.

  • (a)

    Except as otherwise provided herein, the provisions of Chapter 62-256, Florida Administrative Code, and any subsequent renumbering of Chapter divisions that does not result in a change in scope or content of that Chapter, are hereby adopted by reference, except as otherwise provided herein. References to the Department of Environmental Regulation (the department) and the secretary thereof in such regulations shall be deemed to refer to the board of county commissioners of Manatee County and the director of the county's environmental management department, respectively. The provisions of Chapter 5I-2, F.A.C., are also adopted herein by reference. References to the department of agriculture and consumer services in such regulation shall be deemed to refer to the board of county commissioners of Manatee County. Table 1 provides an informational list of the authorities exercising jurisdiction over the various types of open burning in Manatee County.

    TABLE 1. SUMMARY OF JURISDICTION FOR TYPES OF BURNS

    Type of Burn Applicable Rule Agency
    Agricultural Ch. 5I-2, F.A.C. Div. of Forestry
    Silvicultural Ch. 5I-2, F.A.C. Div. of Forestry
    Rural land clearing Ch. 5I-2, F.A.C. Div. of Forestry
    Range burning Ch. 5I-2, F.A.C. Div. of Forestry
    Cold/frost protection Rule 62-256, F.A.C. Dept of Environmental Protection
    Industrial, commercial, municipal and research open burning Ch. 62-256, F.A.C. Dept. of Environmental Protection
    Nursery Ord. No. 96-23 County permit; notice to fire dept.
    Non-rural land clearing (commercial, industrial, residential) Ord. 96-23 County permit; notice to fire dept.
    Yard trash Ord. No. 96-23 County permit; notice to fire dept.
    Fire dept. training Ord. No. 96-23 County permit
    Bonfires and other recreational or ceremonial fires Ord. No. 96-23 County permit; notice to fire dept.
    Natural disaster emergency burn Ord. No. 96-23 EMD Director authorization; notice to fire dept.
    Fires to abate a fire hazard Ord. No. 96-23 Notice to EMD, fire dept., Div. of Forestry
    Fires for control of disease/pests Ord. No. 96-23 Approval by EMD/DOF/local law enforcement/local fire district

     

    (b)

    Agricultural and silvicultural fires shall be regulated by Chapter 5I-2, Florida Administrative Code.

    (c)

    Burning for cold or frost protection shall be regulated by Rule 62-256.450, Florida Administrative Code. Authorization to conduct burning for these purposes shall be obtained from the Florida Department of Environmental Protection.

    (d)

    Open burning in connection with industrial, commercial or municipal operations is prohibited, except as authorized by the FDEP.

(Regs. of 9-29-93; Ord. No. 96-23, § III, 6-25-96)