Plant waste; notification of disposal by incineration

Agricultural Waste

Plant waste generated on agricultural land may be left to decompose through leaving it in place, incorporating it into the soil, or similar methods as part of the use of such land, provided that significant odor nuisance to residents of adjacent residential properties is prevented.

Straw-like agricultural waste may be burned if it cannot be incorporated into the soil or if it cannot decompose sufficiently in the soil, which would adversely alter the soil.

Potato tops and similar herbaceous agricultural waste, as well as woody waste from fruit and grape cultivation and other specialty crops—in particular hop cultivation—may be burned, provided they are generated in connection with normal farming operations.

Waste from commercial horticulture / other gardens

Plant waste from commercial horticulture is treated the same as plant waste from agriculture.

Plant waste from other gardens, particularly leaves, grass, and moss, may be left to decompose on the properties where it was generated, provided that significant odor nuisance to residents of adjacent residential properties is ruled out. Parks are treated the same as these gardens.

Plant waste, particularly leaves, grass, and moss from other gardens, may not be burned within built-up areas.

When burning, the following must be observed:

Burning is permitted only outside built-up areas and only on weekdays (Monday through Saturday) year-round from 8:00 a.m. to 6:00 p.m. Burning of plant waste generated by forestry operations may begin as early as 6:00 a.m. if no nuisance from smoke is expected in the vicinity of inhabited properties.

Hazards, disadvantages, or significant nuisances caused by smoke, as well as the fire spreading beyond the burning area, must be prevented.
To this end, the following minimum distances must generally be maintained:

• 300 m from hospitals, children’s homes, nursing homes, and similar facilities,
• 300 m from buildings whose walls or roofs are made of combustible materials or in which highly flammable substances, flammable liquids, or flammable gases are manufactured, stored, or processed,
• 100 m from other buildings,
• 100 m from campgrounds, other recreational facilities, and parking lots,
• 100 m from forest edges,
• 75 m from railways and public roads, with the exception of the roads specified in subparagraph (h),
• 25 m from field groves, hedges, and other fire-prone objects,
• 10 m from public field roads, restricted-public roads, and owner-maintained roads, as well as private roads used by the public.

Plant waste may only be burned when dry.

The fire must be constantly monitored by at least two capable and alert persons over the age of 16 who are equipped with suitable tools.

No fire may be lit in strong winds; any burning fires must be extinguished immediately.

A 3-meter-wide working strip must be cleared of plant waste around the burning area, and a sufficiently wide protective strip must be maintained around the burning area.

To protect the ground cover and the flora and fauna, care must be taken to ensure that large areas are not set on fire simultaneously and that the fire affects the ground cover for as short a time as possible and without causing severe burning.

The embers must be extinguished before leaving the fire site, or 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, ensure 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 severe burning.

Waste from forestry and alpine farming and other waste

Plant waste generated by forestry and alpine farming operations may be left to decompose through natural processes, incorporation into the soil, or similar methods. It may be burned where it was generated, provided this is necessary for forestry or alpine farming reasons (particularly in the event of pest infestation).

A sufficiently wide protective strip must be maintained around the fire site.

Burning is permitted only on weekdays from 8:00 a.m. to 6:00 p.m. Burning may begin as early as 6:00 a.m. if smoke is not expected to cause a nuisance in the vicinity of inhabited properties.

Burning of Clearing Debris During Forestry Work

The burning of branches and tree tops (logging debris) during forestry work—so-called “Daxenfires”—is generally permitted under Art. 17, Para. 4(1) of the Bavarian Forest Act (BayWaldG) for the forest owner or their employees; however, this practice should be avoided when there is a risk of forest fire. Such “Daxenfires” should be limited to justified exceptional cases, such as bark beetle control. Alternatively, it is recommended to chip the material, leave it scattered on the ground, or bundle it into piles or stacks.

The burning of straw-like waste from agriculture and commercial horticulture or 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 requirements for doing so are not met.

The municipality must be notified of the burning in a timely manner, but no later than seven days before the intended burning.