Marshfield Fire Board to vote on Burn Restriction Ordinance

The Marshfield Fire Protection District is preparing to vote on a new Burn Restriction Ordinance that outlines when and how open burning is allowed in the unincorporated areas of the district. The ordinance, set for consideration on Monday, Aug. 18 at 5:15 p.m. at Fire Station One, has been the subject of public discussion in recent weeks due to an earlier draft that circulated on social media.

The final version, available at www.marshfieldfire.com/read-me, reflects significant changes and clarifications.

“This ordinance, in my opinion, is a common-sense ordinance,” Fire Chief Michael Taylor said. “It’s tied to specific, recognized conditions like National Weather Service Red Flag Warnings or severe drought. It is not based on subjective authority.”

The ordinance is established under the authority of Missouri Revised Statutes Section 321.220(12) and is officially titled the Burn Restriction Ordinance of the Marshfield Fire Protection District. If approved, it will apply to all individuals,defined as natural persons, corporations, associations, partnerships, groups, trustees, receivers, heirs, administrators, or assigns, who reside in or are present within the unincorporated areas of the district.

“Unincorporated” is defined as any parcel of land not governed by a local municipality.

The ordinance also defines the Board as the district’s Board of Directors, the District as the Marshfield Fire Protection District, the Fire Chief as the district’s chief or authorized designee, and “reside” as to permanently or continuously occupy or be present in a place of legal domicile.

To comply with the ordinance, all burns must:

• Be constantly attended by an adult at least 18 years old.
• Have a method of extinguishment immediately available while flames are active.
• Be located at least 25 feet from any structure for recreational fires.
• Be located at least 50 feet from any structure for non-recreational open burning.

Burning would be prohibited under the following conditions:

• A Red Flag Warning issued by the National Weather Service. Taylor emphasized this is a weather advisory issued by the NWS, not by the fire district, similar to a thunderstorm warning, and is not a law unless connected to the ordinance.
• Severe or extreme drought as reported by the U.S. Drought Monitor.

If any of these conditions exist, the Fire Chief may issue a temporary ban on all open burning within the district. It would remain in place until conditions improve, at which point the Fire Chief could lift it.

The ordinance forbids the open burning of:

• Furniture and appliances.
• Petroleum-based products such as tires, shingles, plastics, and oils.
• Construction, demolition, or other trade wastes, unless they are untreated vegetative waste.
• Hazardous materials or any material containing asbestos.

Taylor noted that under Missouri regulations, a small amount of clean diesel fuel, meaning unused and uncontaminated, may be used to start a brush pile. But fuel cannot be the primary material being burned. “It’s not permissible to burn a 55-gallon drum of old diesel because you don’t want to pay for disposal,” he added as an example.

Fires found in violation of the ordinance must be extinguished on demand by the person burning or will be extinguished by the fire district.

Key enforcement provisions include:

• Class D misdemeanor classification for violating Section 3.2 of the ordinance, with a fine of up to $500 and no jail time.
• Each separate outdoor burn in violation is considered a separate offense.
• Each separate day that a violation continues is considered a separate offense.
• The district may seek cost recovery for extinguishing any fire caused by a violation.
• Violations may be investigated by the district and/or law enforcement.
• Cases may be prosecuted by the Webster County Prosecutor or a special prosecutor appointed by that office.

Taylor said earlier drafts classified violations as a Class B misdemeanor with jail time, but this has been changed to the lowest misdemeanor level with fines only.

If passed, the ordinance would take effect immediately after approval by the Marshfield Fire Protection District Board of Directors.

Taylor said the measure was drafted by the district’s attorney based on ordinances from other fire districts and tailored to local needs.

“This has been a working document,” Taylor said. “Our goal is to keep people safe during dangerous fire conditions, while making sure residents understand exactly when and why burning restrictions would apply.”