§ 7-15. Permissible open burning.

(a)

Open burning is permitted outside of the DSDs on site for the destruction of leaves, tree, yard and garden trimmings:

(1)

Originally grown on the premises of private property by the residents of such property, provided that the burning takes place on the premises of the private property and there is no regularly scheduled public or private collection service for such trimmings available at the adjacent street or public road; and

(2)

The location of the burning is not less than three hundred feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted.

(b)

Open burning is permitted within the DSDs on site for the destruction of leaves and tree, yard and garden trimmings located on the premises of private property by the residents of such property, provided that the following conditions are met:

(1)

The burning takes place on the premises of the private property;

(2)

The location of the burning is not less than three hundred feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; and

(3)

No regularly scheduled public or private collection service for such trimmings is available at the adjacent street or public road.

(c)

Open burning is permitted within the DSDs on site for destruction of debris waste resulting from the development or modification of roads and highways by or authorized by the Virginia Department of Transportation, railroad tracks, pipelines, power and communication lines, sanitary landfills, or from other public clearing operations that may be approved by the Isle of Wight County Board of Supervisors, provided that the following conditions are met:

(1)

All reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by the Isle of Wight County Chief of Emergency Services;

(2)

The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material;

(3)

The burning shall be at least five hundred feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted;

(4)

The burning shall be conducted at the greatest distance practicable from highways and air fields;

(5)

The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced;

(6)

The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and

(7)

The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area.

(d)

Subsection 7-15(a) through (c) notwithstanding, no owner or other person shall cause or permit such open burning or the use of a special incineration device May 1 through September 30 of each year. (6-14-18.)