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Open Burning

What is Open Burning?

Open burning is the intentional burning of any substance, natural or manmade, and the intentional casting of any burning substance, whether natural or manmade.  The use of fireworks is deemed to be open burning. The escape of any burning substance or of any sparks, flames, or hot ashes from any fire container is deemed open burning and constitutes a presumption that the container was insufficient to meet the exception from the definition of open burning. 

Illegal Tire Burn in McCook County
Info Graphic for Burn Ban Information in McCook County

When is Burning ok?

No person shall conduct open burning outside of a municipality in McCook County while the National Weather Service has declared the South Dakota Grassland Fire Danger Index to be in the “Very High” or “Extreme” category or has issued a “Red Flag Warning” for any portion of McCook County. 
 

Exceptions:  It is not considered “Open Burning” if:

 

  1. A fire is maintained in any interior fireplace, stove, or furnace. 

  2. Burning materials are kept in a container sufficient to prohibit the escape of burning substance, or any sparks, flames or hot ashes therefrom:

Does McCook County Have a Burn Ban / Ordinance?

YES!
McCook County has an auto-enforced ordinance based on the National Weather Service's Grassland Fire Danger Index.

 

Simplified -
Very High / Extreme or Red Flag Warning    -   
BAN IS IN PLACE

No Red Flag, High or Below -  No Ban is in Place

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Although it is discouraged to burn even during a high Index.

Burn Ordinance 2022-01 (Draft, signed copy pending) (PDF)

Sign: Prescribed Burn Ahead, Do Not Report

I need to burn, what should I consider?

The first step is to check the National Weather Service Grassland Fire Danger Index Map.

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Fire with heavy black smoke, August 2020

August 2020 (historic)

What are the Penalties? 

PENALTY:

Penalty for each violation of this ordinance shall be that as specified under McCook County Ordinance or any amendment thereto.  This constitutes what is commonly considered to be a Class 2 misdemeanor under South Dakota law, with a fine of up to $500 or 30 days in jail, or punishable by both such fine and imprisonment, and that the costs for suppressing any fire, including response fees, mutual aid assistance from other agencies or fire departments, reimbursement to governments for suppression efforts and compensation to the firefighters for time from their employment, be borne by the individual or individuals responsible for setting the fire. 

I have an old structure I'd like to burn down. What should I do?

Please contact McCook County Emergency Management or your local Fire Department, to which the structure belongs. They can use this as a training experience to ensure an adequately controlled burn.
 

BEFORE YOU BURN
1. Check today's Grassland Fire Danger Index. No burning outside town limits when it is Very High or Extreme, or during a Red Flag Warning.
2. Notify Mitchell Regional 911 at (605) 995-8400 or McCook County Emergency Management at 605-425-2085. Give your location or rural address, what you're burning, your name, and a call-back number.
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A CONTROLLED BURN MEANS YOU STAY
Check wind, humidity, and what's downwind. Have water or equipment on hand, and stay until the fire is completely out. You are responsible for any damage if a fire escapes.
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NEVER BURN
Oils, railroad ties, coated wire, rubber, tires, tarpaper, asphalt shingles, or treated wood (SD air quality rules).

McCook County
Emergency Manager

 

Storm Ready Logo

400 S Hill St 
Salem SD 57058
605-425-2085

 

tri-state logo
McCook County Emergency Management emblem

Mitigation, Preparedness, Response, Recovery

Official site of McCook County Emergency Management · McCook County Government · Updated Oct 2026

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