Apr 4, 2016
Controlled burning allowed for NJ farmers to protect crops

With temperatures in many parts of New Jersey expected to approach freezing this week, the Department of Environmental Protection (DEP) and Department of Agriculture are working cooperatively to allow farmers to do controlled open burning or use specialized torches, known as smudge pots, to protect flowering crops from frost damage.

The DEP and Department of Agriculture are allowing these steps through April 5.

Farmers who believe they will need to conduct open burns and/or use smudge pots must provide notice to the DEP’s 24-hour Communications Center at 877- WARNDEP (1-877-927-6337.)

Notification to DEP does not require the implementation of either technique but ensures proper procedures are followed should they become necessary.
If a farmer does not call DEP in advance but uses either technique, the farmer may notify DEP the morning following the use of either technique but no later than 9 a.m.

Farmers must record the incident number provided to them by the Communications Center.

The following information is to be provided:

  • Name of the individual making the decision to conduct the open burning/use of smudge pots; name of the farm;
  • Actual street address of the farm on which either technique will be used (no P.O. Boxes);
  • Telephone number of a contact at the farm;
  • Predicted temperature (in degrees Fahrenheit) at the agricultural operation when the technique will be used;
  • Wind speed  anticipated when the technique will be used ;
  • Predicted hours of open burning and/or use of smudge pots;
  • Materials expected to be burned.

At the time of the initial call to the Communications Center, farmers will be given an email address and incident number. Within two days, they must submit to DEP via this email address the following information:

  • The DEP Communications Center incident number;
  • Ambient  temperature (in degrees Fahrenheit) at the time the technique was used;
  • Actual wind speed at the orchard at the time the technique was used;
  • A statement verifying that all restrictions in the open burning or use of smudge pots were followed.

No open burning will be permitted unless the temperature within the orchard area is at or below the critical temperature for the bud stage for that particular crop and wind velocity is less than five miles per hour. Smudge pots must be fueled only with either kerosene or No. 2 fuel oil.

Open burning can consist only of either the following materials: clean and untreated scrap lumber, felled trees, clippings pruned from trees and shrubs, hedgerows or firewood. No refuse, trade waste, tires or garbage of any type may be added to the authorized open burning material.




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