Could a Louisiana parish police jury ban outdoor burning of trash?

Plain-English summary

A Fifth Judicial District assistant district attorney asked whether Richland Parish's police jury could declare a fire ban. In 2000, the attorney general's office said R.S. 33:1236 authorized the police jury to prohibit or regulate burning trash by ordinance, including guidelines, restrictions, and penalties for violations.

The opinion also identified a separate layer of state air-quality regulation. Louisiana's Department of Environmental Quality had general rules against outdoor burning of waste or other combustible material, subject to stated exceptions. A parish ordinance could not interfere with the department's enforcement, and conduct allowed under a parish ordinance could still violate the state rules. The opinion's statutory analysis concerned burning trash; its syllabus used the broader phrase “fire ban.”

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Parish police juries at the time

The office said the police jury could enact a trash-burning ordinance with restrictions and penalties. It also said the ordinance should be balanced against the state's air-quality rules and could not obstruct their enforcement.

Parish residents at the time

The opinion explained that complying with a parish ordinance did not itself establish compliance with the state air-quality regulations. It described separate state enforcement for violations of those regulations.

Common questions

Q: Could Richland Parish prohibit trash burning by ordinance?
A: Yes. The opinion read R.S. 33:1236 as authorizing the police jury to prohibit or regulate burning trash in the parish.

Q: Did a parish ordinance replace the state's outdoor-burning rules?
A: No. The opinion said the Department of Environmental Quality's regulations still applied and that the parish could not interfere with their enforcement.

Q: Did the opinion approve a ban on every kind of outdoor fire?
A: It answered a question phrased as a fire ban, but its explanation of parish authority relied on the statute governing burning trash, garbage, leaves, limbs, branches, and debris. It did not analyze every possible type of outdoor fire.

Background and statutory framework

Act 259 of 1977 amended R.S. 33:1236 to let police juries require, prohibit, or regulate destruction and burning of trash and similar debris. The opinion also cited LAC 33:III.1109.B. for the state rule against outdoor burning of waste or combustible material and LAC 33:III.1109.C. for its exceptions. It relied on La.R.S. 30:2054 for state air-pollution authority and discussed penalties under La.R.S. 30:2025.E. and F. The historical penalty amounts in the original text should not be treated as current figures.

Citations and references

• R.S. 33:1236 (parish authority over burning trash and debris)
• LAC 33:III.1109.B. and LAC 33:III.1109.C. (state outdoor-burning regulation and exceptions)
• La.R.S. 30:2054 (state air-quality authority)
• La.R.S. 30:2025.E. (civil penalties identified in the opinion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0333

Original opinion text

December 13, 2000
OPINION 00-333

OPINION 00-333
David P. Doughty 90 POLICE JURIES
Assistant District Attorney
LSA R.S. 33:1236; LAC 33:111. s 1109.B; LAC
111. S 1109C; LSA R.S. 30:2054; LSA R.S.
5th Judicial District
30:2025.E.
Post Office Box 857
We conclude a Police Jury has the authority to
Rayville, Louisiana 71269
declare a fire ban for the parish.

Dear Mr. Doughty:

This office is in receipt of your opinion request of August 16, 2000 wherein you ask whether the Richland Parish Police Jury can declare a fire ban for the parish.

The Louisiana Legislature passed Act 259 of 1977 which amended and reenacted Paragraph (31) of R.S. 33:1236 to state that the police juries shall have the following power:

"To enact ordinances to require, prohibit, or regulate the destruction, disposal, or burning of trash, garbage, leaves, limbs and branches, or debris of any kind and to regulate dumping and the use of borrow pits for sanitary fill."

This act clearly authorizes the Richland Parish Police Jury to regulate the burning of trash in the parish. In this respect, the police jury is authorized to enact an ordinance to prohibit or regulate the burning of trash in Richland Parish.

In its ordinance the Police Jury has the authority to place guidelines and restrictions on the burning of the trash, as well as, set forth penalties for noncompliance. Since, your inquiry also addressed procedures I would like to bring to your attention the existing Air Quality Regulations, promulgated by DEQ, which contain general prohibitions against outdoor burning of "waste material or other combustible material." Louisiana Administrative Code 33:III.1109.B. However, eleven situations are enumerated as exceptions to this general prohibition, under which the outdoor burning of waste material or other combustible material may be conducted if no public nuisance will be created, and if the burning is not prohibited by any other applicable laws, regulations, or governmental orders. LAC 33:III.1109.C.

Page 2

Honorable David P. Doughty
OPINION 00-333
Page 2

Because the legislature has vested in the Department of Environmental Quality the authority to regulate air pollution within the state (see La.R.S. 30:2054) Richland Parish could not enact ordinances, or take other actions, which would interfere with the enforcement by DEQ of its duly-promulgated Air Quality Regulations.

It should be noted that burning in violation of the Air Quality Regulations will be prohibited in Richland Parish, regardless as to whether it strictly adheres to the requirements of the parish ordinances. Compliance with those ordinances does not necessarily equate with compliance with the Air Quality Regulations. Thus, a person who is burning in compliance with the ordinances but in violation of Section 1109 of the Air Quality Regulations is subject to the enforcement authority of DEQ, including civil fines of up to $25,000.00 per day of non- compliance. La.R.S. 30:2025.E. If the activities are in violation of a previous Compliance Order issued by DEQ, the maximum fines escalate to $50,000.00 per day. Id. Furthermore, if the illegal activities are engaged in willfully and knowingly, the violator is subject to criminal penalties. La.R.S. 30:2025.F. Under certain circumstances, these criminal penalties can include imprisonment at hard labor for up to ten years, and a fine of $100,000.00 per day.

Therefore, any ordinance adopted by Richland Parish should be balanced against the duly-promulgated Air Quality Regulations.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:________
R. GAYLE HARRELL JACKSON
ASSISTANT ATTORNEY GENERAL

RPI/ghj

Page 3

OPINION 00-333

90 POLICE JURIES

LSA R.S. 33:1236; LAC 33:111. s 1109.B; LAC 111. S 1109C; LSA R.S. 30:2054; LSA R.S. 30:2025.E.

We conclude a Police Jury has the authority to declare a fire ban for the parish.

David P. Doughty
Assistant District Attorney
5th Judicial District
Post Office Box 857
Rayville, Louisiana 71269

Date Received: August 25, 2000
Date Released: December 13, 2000

R. GAYLE HARRELL JACKSON
ASSISTANT DISTRICT ATTORNEY