Burning in an open fire, provided it is not contrary to other
law or regulation, will be allowed on privately owned land as follows:
A. Campfires and cooking fires as defined in §
80-1, provided that only charcoal or untreated wood is used as fuel and the fire is not left unattended until extinguished. If excessive smoke results, causing a nuisance to adjacent property owners, the Code Enforcement Officer may require such fire to be extinguished. Failure to obey such an order may result in a violation.
B. Barbecue
grills, maple sugar arches and similar outdoor cooking devices when
actually used for cooking or processing food.
C. On-site burning of agricultural wastes as part of a valid agricultural
operation, as that term is defined by applicable law, on contiguous
agricultural lands five acres or larger, which are actively devoted
to agricultural or horticultural use, provided that such waste is
actually grown or generated on those lands and such waste is capable
of being fully burned within a twenty-four-hour period.
D. The use of liquid-petroleum-fueled smudge pots to prevent frost damage
to crops.
E. Prescribed burns performed according to 6 NYCRR Part 194.
F. Fire training, including firefighting, fire rescue, and fire/arson
investigation training, performed under applicable rules and guidelines
of the New York State Department of State's Office of Fire Prevention
and Control. For fire training performed on acquired structures, the
structures must be emptied and stripped of any material that is toxic,
hazardous or likely to emit toxic smoke (such as asbestos, asphalt
shingles and vinyl siding or other vinyl products) prior to burning
and must be at least 300 feet from other occupied structures. No more
than one structure per lot or within a three-hundred-foot radius (whichever
is bigger) may be burned in a training exercise.
G. Individual open fires as approved by the director of any state agency
with jurisdiction.
No person shall be permitted to have an open fire without the proper permits as follows and in §
73-20E(8) or meeting the exceptions in §
80-3 of this Code:
A. Town
permit.
(1) A permit issued for agricultural purposes only. On-site burning of agricultural waste as permitted under §
80-3 of this Code.
(2) The applicant must meet the requirements for agricultural exemption from the Town of Clifton Park Assessor's office or own a minimum of five acres of contiguous land which is in a CR Conservation Residential Zone or an R-3 Agricultural/Residential Zone per Chapter
208 of this Code. All open burning shall meet the requirements of 6 NYCRR Part 215 of the New York State Environmental Conservation Law.
The fees imposed for each Town burning permit shall be $10,
and permits will be issued for a maximum duration of 90 days.