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Open burning regulations not uniform

Until June 1, Lake County was the only county in the Chicago metro area without any sort of permanent, jurisdictionwide restrictions on open burning of landscape waste, officials said.

Counties and municipalities have adopted ordinances that are distinct and vary in the degree of restriction, according to Eric Waggoner, Lake County's director of planning, building and development.

While leaf burning is banned for the first time, the new ordinance represents a middle-ground approach by allowing recreational fires and seasonal burning of woody materials subject to conditions, Waggoner said.

Illinois law allows cooking and campfires on private property or specified public areas. Open burning of garbage is prohibited but state law does not override local prohibitions or limitations on open burning.

There is no state law or regulatory ban on leaf burning in Illinois, however, local laws and ordinances govern, according to Kim Biggs, spokesperson for the Illinois Environmental Protection Agency.

Illinois EPA does not track which communities/entities have burning restrictions, she said.

Because prohibitions are through local ordinance, rather than state or federal law, it's difficult to compile a complete list, according to Angela Tin, national senior director for clean air initiatives with the American Lung Association.

The types of debris allowed to be burned also vary by locality, she said.

The "vast majority" of Lake County communities impose an outright ban on leaf burning and/or other landscape waste, Waggoner said. That has long been the case elsewhere as well.

Naperville, for example, banned leaf burning in 1981 and DuPage County followed in 1990.

Elgin banned leaf burning in 1984. But from Oct. 1 to Nov. 30, Waste Management collects bagged leaves with the weekly trash. Prepaid stickers are not required on yard waste during that time.

In unincorporated Cook County, landscape waste including leaves, can be burned a minimum of 1,000 feet away from a municipality where burning landscape waste is prohibited, according to Brittany Hill, public information officer for the Cook County Bureau of Administration.

But dumping leaves or any yard wastes in Cook County forest preserves is prohibited and subject to a fine of up to $500.

McHenry County allows open burning of on-site generated landscape waste anytime if more than 500 feet from a habitable structure and when other requirements, such as wind speed below 10 mph, are met.

Otherwise, burning is allowed on weekend days between dawn and dusk in April, May, October and November at least 100 feet from a habitable structure and other conditions.

Visit the municipal or county website for open burning regulations in your area.

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