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Agricultural and commercial horticultural businesses must report the incineration of straw waste outside of waste disposal facilities.
Vegetable waste that accumulates on agricultural land may be left to decompose by leaving it lying around, incorporating it and similar methods as part of the use of such land, provided that there is no significant odor nuisance to the residents of adjacent residential properties.
Straw waste from agriculture may be incinerated if it cannot be incorporated or if it cannot decompose sufficiently in the soil and this would adversely affect the soil.
Potato haulm and similar herbaceous waste from agriculture as well as woody waste from fruit growing, viticulture and other special crops, in particular hops, may be incinerated if it is generated in connection with normal cultivation.
Plant waste from commercial horticulture is treated in the same way as plant waste from agriculture.
Plant waste from other gardens, in particular leaves, grass and moss, may be left to rot on the land on which it was produced, provided that there is no significant odor nuisance to the residents of adjacent residential properties. Parks are equivalent to these gardens.
Plant waste, in particular leaves, grass and moss from other gardens may not be burned within the built-up areas.
Burning is only permitted outside the built-up areas and only on working days (Monday to Saturday) throughout the year from 08:00 to 18:00. The burning of vegetable waste generated by forestry operations may begin as early as 06.00 a.m. if no nuisance is to be expected due to smoke development in the area of inhabited properties.
Hazards, disadvantages or considerable nuisance due to smoke development and the spreading of the fire beyond the burning area must be prevented.
As a rule, the following minimum distances must be maintained:
Vegetable waste may only be burnt when dry.
The fire must be supervised at all times by at least two persons over the age of 16 who are equipped with suitable tools and are capable of working and reacting.
Fires must not be lit in strong winds; burning fires must be extinguished immediately.
A tilling strip 3 m wide must be drawn around the burn area, which must be kept clear of plant waste, and there must be a sufficiently wide protective strip around the burn area.
To protect the ground cover and the flora and fauna, it must be ensured that larger areas are not set on fire at the same time and that the fire affects the ground cover as briefly as possible and without severe burning.
The embers must be extinguished when the fire is left, but at the latest by nightfall.
The combustion residues must be worked into the soil as soon as possible.
To protect the ground cover and the flora and fauna, it must be ensured that large areas are not set on fire at the same time and that the fire affects the ground cover for as short a time as possible and without causing major combustion.
Vegetable waste from forestry and alpine pasture operations may be left to decompose by leaving it lying around, working it in and similar methods. It may be burnt where it has accumulated, insofar as this is necessary for forestry or alpine farming reasons (in particular in the case of pest infestation).
There must be a sufficiently wide protective strip around the fireplace.
Burning is only permitted on working days from 8:00 am to 6:00 pm. Burning may begin as early as 6:00 a.m. if no nuisance is to be expected from smoke development in the area of inhabited properties.
The burning of branches and tops (logging debris) during forestry work, the so-called Daxenfeuer, is generally permitted for forest owners or their employees in accordance with Art. 17 Para. 4 (1) BayWaldG; however, this should be avoided if there is a risk of forest fires. Daxen fires of this kind should be restricted to justified exceptional cases, such as bark beetle control. Alternatively, it is recommended to chop the material, leave it scattered or bundle it in heaps or piles.
The burning of strawy waste from agriculture and from commercial horticulture / other gardens must be reported to the municipality, which shall immediately notify the district administrative authority.
The district administrative authority must prohibit the burning if the conditions are not met.
Incineration must be reported to the municipality in good time, but at least seven days before the intended incineration.