Utah § 19-2-114 - Activities not in violation of chapter or rules.
Full text of Utah Utah Code § 19-2-114 — Activities not in violation of chapter or rules., with citation guidance and answers to common questions.
§ 19-2-114. Activities not in violation of chapter or rules.
Effective 5/7/2025 19-2-114.
Activities not in violation of chapter or rules.
(1)
As used in this section, "attainment area" means an area that meets the national primary and secondary ambient air quality standard for pollution.
(2)
The following are not a violation of this chapter or of a rule made under this chapter:
(a)
burning incident to horticultural or agricultural operations of:
(i)
prunings from trees, bushes, and plants; or
(ii)
dead or diseased trees, bushes, and plants, including stubble;
(b)
burning of weed growth along ditch banks incident to clearing these ditches for irrigation purposes;
(c)
controlled heating of orchards or other crops to lessen the chances of their being frozen so long as the emissions from this heating do not violate minimum standards set by the board; and
(d)
the controlled burning of not more than two structures per year by an organized and operating fire department for the purpose of training fire service personnel when the United States Weather Service clearing index for the area where the burn is to occur is above 500.
(3)
(a)
The board or division may not prohibit a burn during the time period beginning November 1 and ending March 31 if the burn:
(i)
occurs in an attainment area;
(ii)
occurs on private property within an incorporated portion of a county;
(iii)
occurs when the United States Weather Service clearing index for the area in which the burn is to occur is above 250;
(iv)
is the open burning of clippings, bushes, plants, prunings from trees, or dead or diseased trees, bushes, and plants, that are:
(A)
incident to property and residential clean-up activities; and
(B)
thoroughly dry;
(v)
does not include trash, rubbish, tires, or oil in the material to be burned, used to start the burn, or used to keep a fire burning; and
(vi)
does not create a nuisance as defined in Section 76-9-1301.
(b)
Notwithstanding Subsection (3)(a), the board by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, may establish the process for issuing a burn permit under this chapter.
Section 19-2-114 ("Activities not in violation of chapter or rules.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 19-2-114?
A common citation format is "Utah Code § 19-2-114" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 19-2-114 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
