Illegal Burning and Your Town

Local enforcement is the most effective way to address illegal burning in your community, and towns that have adopted illegal burning ordinances are best prepared to enforce against it. To date, just three of the 22 CVSWMD member communities have adopted a local ordinance, yet 18 of 20 Town Fire Wardens reported that illegal burning took place in their town in a 2003 CVSWMD survey.

State law allows and encourages local enforcement through judicial bureau (24 V.S.A. 2201). Here's what your town can do to help reduce illegal burning and the associated human and environmental health risks:

1. You can choose to enforce the state statute by designating a municipal designee or designees as the statutory enforcement officer. See the Vermont State Statute 24 V.S.A. 2201 for details: Click Here.

2. You can choose to write and adopt your own ordinance.
These three sample ordinances from CVSWMD member
towns may offer some guidance:

• Bradford, VT ordinance
• Washington, VT ordinance
• Marshfield, VT ordinance
• Vermont League of Cities and Towns sample ordinance

Ad #2 of a six-part ad series the CVSWMD has run in area newspapers to highlight the dangers of illegal burning.

The person(s) or position(s) responsible for enforcement of the state statute or the town ordinance is selected by the town. Some towns give enforcement authority to members of the town Selectboard, the Town Health Officer, the Town Attorney, and /or the Town Constable. The process outlined in the ordinance is followed in addressing the offender and remedying the situation.

Because the District's goal is effective reduction of illegal burning incidences, we see the adoption of a local ordinance as the best way to reach that goal. The state requires the town or solid waste district to take responsibility for enforcing the law against illegal burning.

If towns choose to leave the enforcement responsibility to the District, the goal of reducing illegal burning may not be met. With 22 geographically diverses member towns, the District simply can't enforce against illegal burning as quickly and efficiently as an official within the town where it occurs. In addition, leaving this to District staff may require an increase in the per capita that member towns pay the District to help fund this additional service.

The District Board of Supervisors and staff are available to help you develop an effective response to illegal burning in your community.