Vegetable waste; notification of disposal by incineration

Waste from agriculture

Vegetable waste that accumulates on agricultural land may be left to decompose by leaving it to rot, 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 burned 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 agricultural waste 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.

Waste from commercial horticulture / other gardens

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 has accumulated, provided that it does not cause any 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.

The following must be observed when burning:

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 plant waste generated by forestry operations may begin as early as 06.00 a.m. if no nuisance is to be expected from smoke development in the vicinity of inhabited properties.

Dangers, disadvantages or considerable nuisances caused by 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:

• 300 m from hospitals, children's and old people's homes and comparable facilities,
• 300 m from buildings whose walls or roofs are made of flammable building materials or in which highly flammable substances, flammable liquids or flammable gases are produced, stored or processed,
• 100 m from other buildings,
• 100 m from campsites, other recreational facilities and parking lots,
• 100 m from forest edges,
• 75 m from railroad tracks and public roads with the exception of the paths mentioned in letter h),
• 25 m from copses, hedges and other fire-prone objects,
• 10 m from public field paths, restricted public paths and owner paths as well as private paths used by the public.

Vegetable waste may only be burned when dry.

The fire must be constantly supervised by at least two persons over the age of 16 who are equipped with suitable tools and are able to work and react.

Fires must not be lit in strong winds; burning fires must be extinguished immediately.

A 3 m wide cultivation strip must be drawn around the burn area, which must be cleared of plant waste, and a sufficiently wide protective strip must be provided 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, or at the latest by nightfall.

The combustion residue must be worked into the ground as soon as possible.

In order to protect the ground cover and the animal and plant world, 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 causing major combustion (§ 2 Para. 4 Sentence 5 Bavarian Plant Waste Ordinance - PflAbfV).

Waste from forestry and alpine pasture management and other waste

Plant waste arising 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 (especially 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 vicinity of inhabited properties.

Burning of logging debris during forestry work

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.

Burning 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.