Leaf burning: what's legal, what's not
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Updated: 6:23 PM Nov 3, 2009
Leaf burning: what's legal, what's not
For some, it's the most unpleasant part of the fall season. What people can and can't do with their leaves really depends on where you live.
Posted: 5:46 PM Nov 3, 2009
Reporter: Ryan Famuliner
Email Address: ryan.famuliner@wndu.com
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For some, it's the most unpleasant part of the fall season.

It's likely you've noticed some huge plumes of smoke the last few days, as people burn off their leaves.

When it comes to what's legal and what's not, it really depends on where you live. Townships, cities, and counties all have different rules.

In some places open burning is illegal, while in others you've got free reign.

And if you are allowed to burn, fire officials say it's important to take extra precautions no matter where you are; for yourself and your neighbors.

“It becomes more of a quality of life issue and a health issue, because obviously those types of calls (come from) people that have respiratory ailments or that may be outside or trying to have their windows open,” said Dave Cherrone, Fire Marshal with the Clay Township Fire Territory.

Officials say it’s important to be courteous of your neighbors. It may not be a bad idea to ask them if they have any type of respiratory problems before burning leaves, so you can try to burn them at time that they’re not home, or find some other kind of compromise. That way, police won’t have to get involved.

For those that are burning leaves, it’s seen as simply the only way to get rid of them.

“Everybody else is burning them so I figured I’d do the same thing… My neighbor called the cops on me about 3 years ago,” said Charles Fisher.

Fisher, who lives in the county, used to burn his leaves in a pile on the ground.

“(The officer) said you gotta put these leaves out because I didn’t have the container,” Fisher said.

Now he has the leaves contained and covered, and makes sure there's a water source nearby. That's the only way you can burn leaves in St. Joseph County without a permit.

You also have to be present when burning, and fires have to be put out by dusk.

Cherrone says store-bought containers work best, but you can also make your own.

“Just use some common sense. If you’re going to burn, burn in a container that's large enough to hold them all, be there with it, and put a screen over the top,” Cherrone said, demonstrating with an old barrel.

Those are largely safety precautions. The importance of that is demonstrated by reports of a fire in LaPorte County last week that destroyed a barn. It reportedly started after debris from a burning pile of leaves nearby blew into the building.

“Even though we mention it each year, it needs to be in a container. 99% of the people that are burning just pile it up and light it on fire. The problem with that is they blow around into your neighbors’ yard and catch your neighbors’ yard on fire, catch your neighbors’ shed on fire," Cherrone said.

Meantime, in South Bend city, burning is never allowed. ‘Operation re-leaf’ is underway right now, picking leaves up directly off the curb.

“They burn the leaves (here in the county) because there is no pick up,” Fisher said.

But fire officials say burning's not the only option, you could join together with neighbors to pay a company to pick them up.

“We always tell people to try to look for an alternative way to get rid of the leaves,” Cherrone said.

“If I had a competent company, I wouldn't mind paying 100 bucks a year to get rid of them,” Fisher said. He says last year, he paid a company more than $100 to clear them, and he ended up having to burn his own leaves for most of the season.

Meantime, many other cities in our area also do not allow burning at all; Niles, Elkhart, and Goshen just to name a few.

Others, like Michigan City, require people to get a permit first.

In many cases, you can be ticketed if you're not following their local ordinance, so you really need to know the rule before you burn.

The best way to find out what you can and can’t do is call your local police or fire department.



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