Burn Regulations

One of the most asked questions is; “is there a burning ban on right now”?

State law LB 81-520.01 states that there is a year round burning ban in the State of Nebraska. This law also allows the Fire Chief or his/her designatee to waive the ban by issueing a burn permit that is good ONLY within their District. Therefore burning without a permit IS illegal.

Illegal burns cost your fire-fighters not only un-necessary time away from their families, jobs which includes lost wages, but also put apparatus on the road and take away resources from true emergency calls.

Illegal burns in 2007       3
Lost manhours in 2007  20
Lost wages in 2007        $25.00



Permits may be issued by the following “designatees”.

Rod Hoppe District Chief 751-2258

Mark Morgan Assistant Chief 751-2290

Jim Shaw Assistant Chief 463-1220

Bo Morgan Captain 984-1142

Charles Wagner Rural Board member 751-2140

You may also obtain a permit by going to the Juniata Village hall, Monday through Thursday

from 9:00 to 4:00, from the Village Clerk, or Assistant Clerk 751-2687


You must have a copy of the permit in your possession to be legal. Verbal permits given over the phone or face to face are not valid.

The Board of Directors of the Juniata Rural Fire Protection District have also designated that no burn permits will be valid on the following holidays: January 1, Memorial Day, Independence Day, Labor Day, Thanksgiving, or Christmas day

Permits are generally given for one day only, but special considerations may be granted.


The village of Juniata and Prosser have additional burning regulations. They follow;


Statute 7-210 Fire prevention; Fires Regulated

It shall be lawful to build or set out certain fires; provided, that the person building such fires shall have the substance to be burned in a fireproof trash burner or incinerator with a metal fireproof screen of not more than one inch (1″) mesh, and located at least twenty feet (20′) from any building. The incinerator shall be built in such a way as to not permit the escape of the burning paper or other substance. If any person shall require a fire in the course of his/her trade as a blacksmith or mechanic, such fire shall be built and maintained in the manner prescribed by the Fire Chief. All fires shall be built after seven (7:00) a.m. and completely extinguished by seven (7:00) p.m. and only on Tuesdays, Thursdays, and Saturdays of each week except the aforesaid fires used in the course of a trade which shall be allowed during such hours as the Fire Chief shall prescribe. It shall be unlawful for any person to set fire to, burn, or cause to be burned any garbage, animal matter, vegetable matter or grass clippings. The burning of hay, straw, leaves, or brush in the open air is hereby permitted; provided that the person setting out the same, request, and receive a written open burning permit, signed by the local Fire Chief (or his/her designatee), on a form provided by the State Fire Marshal, which permit may only be issued for the days and hours enumerated above, and provided further that any such open burning shall be done while the fire is attended by the person receiving such permit, done at least twenty feet (20′) from any building.

Staute 7-209 Fire prevention; Fire Prohibited

It shall be unlawful for any person to set out a fire on the pavement, or near any curb, now built or hereafter to be built, within the Municipality

PROSSER (Updated May of 2007)

Ordinance #01-14-01

Hereafter, contained burning will be allowed only on Wednesdays, Saturdays and Sundays within the Village of Prosser, Nebraska. Burning of dry leaves shall be permitted in the ditches within the Village of Prosser, Nebraska. The homeowner or tenant who shall be burning said leaves shall be responsible for the cleanup of the ditch immediately upon said fire being extinguished. Any and all other combustible materials to be burned, shall be placed in a metal container with a metal screen over the top of said container. All fires shall be extinguished before seven (7:00) p.m. It shall be unlawful for any person to burn any material of any kind or nature whatsoever on the pavement, asphalt, gravel now existing in the Village of Prosser, or hereinafter to be installed.

Hereafter, burning will not be allowed on any major holiday, including New Year’s Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, or Christmas Day, due to a shortage of personnel on such holidays.

Both Villages consider that the infraction may be ticketed and fined from $100.00 in Prosser to $500.00 in Juniata and such violation may be recommited every 24 hours upon failure to comply

Illegal burn offenders will be given a form showing the burn regulations in their Village, and stating the violation(s) they are responsible for, to be signed and a copy will be forwarded to each Village Board for their discretion for prosecution.

Any fire, permitted or not, MUST be extinguished if it is interfering with a neighbor, causing a dangerous condition such as crossing a road, containing illegal matter, or for any other reason deemed pertinent by the fire crew on sene. Should this be the case, PLEASE don’t blame the fire crew, we were paged out by the 911 center because of a complaint!

Contrary to popular belief, we DO NOT drive around looking for violators!