Know ins, outs of local burning ordinance
By Patricia Nomm - Northwest News Group correspondent
The new open burning ordinance applies to all areas of McHenry County.
However, some municipalities have more restrictions for open burning than the
county ordinance.
Residents of municipalities should check with their city regarding additional
local restrictions. Here is some more information.
Does the open burning ordinance allow the burning of trash?
Burning trash is prohibited throughout McHenry County.
What is the definition of trash?
Garbage, rubbish and trash encompass a variety of waste including but not
limited to paper goods, cardboard, food waste, animal waste, household discards
such as furniture, clothing, mattresses, etc, construction debris, appliances
and similar items. Questions regarding what constitutes waste may be directed to
the McHenry County Health Department.
What are some of the restrictions included in the ordinance?
All landscape waste must be generated onsite. Burning may take not place within
100 feet of a habitable structure or within 50 feet of a non-habitable
structure. Supervised burning of dry landscape waste may be conducted between
dawn and dusk on Saturday or Sunday during April and May and October and
November.
Water or a fire control source is required. Winds must be less than 10 mph and
smoke may not create a visibility hazard.
Can I still burn landscape waste if I live on a small lot?
It depends on whether the minimum setback requirements can be met. A minimum
100-foot setback to all habitable structures and a minimum 50-foot setback to
all non-habitable structures is required.
Do the open burning setback requirements apply to domestic fireplaces,
external fireplaces or grills or self-contained outdoor wood-burning devices?
No. Provided these units are operated in accordance with the manufacturer’s
instructions and are not used to dispose of leaves, grass, shrubbery clippings,
cuttings, garbage, rubbish or trash.
What if the only area of my yard greater than 100 feet from any habitable
structure or 50 feet from any non-habitable structure is located in the road
right-of-way?
Open burning is not permitted on public or private roads, alleys, sidewalks or
easements. Burning within the right-of-way could create a visibility hazard for
motorists.
Are campfires allowed?
Yes. The ordinance allows for recreational fires provided they are no larger
than 3-by-3-by-3-feet and exclude leaves, grass or shrubbery clippings or
cuttings.
Are bonfires allowed?
Yes. The ordinance allows for ceremonial fires (bonfires) provided they exclude
leaves, grass or shrubbery clippings or cuttings. In addition, you must notify
your local fire protection district and obtain a permit from the McHenry County
Health Department prior to the event.
Is burning allowed for habitat restoration?
Yes. Consistent with existing state law the ordinance allows for prescribed open
burning for ecological restoration, natural landscape management, reclamation
and/or firefighter training. A permit from the Illinois Environmental Protection
Agency is required. You may visit the department’s Web site at
www.mcdh.info to link to the Agency's Web
site to apply for the required permit.
What are my options if my burning area does not meet the minimum setback
requirements?
Please visit the department’s Web page at
www.mcdh.info or call us at 815-334-4585 for tips on composting, mulching,
native landscaping or other natural environmentally safe alternatives to open
burning. You may also contact your waste hauler, which is required to offer
landscape waste pick up for their customers. Please note the waste hauler may
charge an additional fee for this service.
Who should I contact if I have a concern of non-compliant burning in my
neighborhood?
The McHenry County Department of Health, local law enforcement agencies
(municipal police, sheriff’s department,) fire departments and fire protection
districts may enforce the ordinance. If you reside in a city with a local
ordinance, you should contact the city. Agencies who respond to complaints of
open burning of landscape waste are responsible for a variety of issues. Agency
response will be prioritized according to protocol established by each agency.
If you are reporting a fire that is life threatening or is a fire safety issue,
call 911.
Where can I get information regarding the open burning ordinance?
Visit www.mcdh.info or call 815-334-4585.
• Patricia Nomm is the McHenry County Director of Environmental Health. The
Recycling Round-up is a cooperative effort of the McHenry County Department of
Planning and Development (815-334-4560), the Lou Marchi Total Recycling
Institute at MCC (815-479-7817), the McHenry County Defenders (815-338-0393) and
the Algonquin Township Road District. Contact any of these groups with your
recycling questions.
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Environmental
Defenders of McHenry County 
