Burn garden waste

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Often, the simplest solution for disposing of garden waste and shrub cutting appears to be a fire on your own property. However, caution should be exercised, as burning solid substances is generally prohibited. This also often applies to garden waste. If there is an exception to the prohibition, then usually only under severe conditions.
As so often in neighboring law, it depends on the different regulations in the state laws and in the individual communities. Therefore, the tip in advance: Ask the responsible regulatory office, if garden fires in your community are permitted and under what conditions. Even if garden fires are allowed, you must always take care of the neighbors and prevent the risk of fire by flying sparks, or generally comply with the fire prevention regulations. Due to the fire hazard, no fire may be lit on or in the forest.

Generally it can be said that the burning of garden waste, if it is allowed, usually only on weekdays between 8 and 18 o'clock take place and not in strong winds. Often, the laws and regulations contain additional conditions, such as that burning may only take place outside closed districts or only if there is no other disposal option (composting, undermining, etc.) or if it is within reasonable distance. Other possible conditions: The embers must be extinguished until dark, certain minimum distances must be respected or garden waste may only be incinerated in certain months and without the accelerator.

Is an exemption possible?

According to § 27 Federal Circular Economy and Waste Act (Krw-AbfG), the recovery and disposal of waste is only permitted in the facilities provided for this purpose. Provincial regulations that permit the incineration of waste constitute a legal basis under the law of the Land and an approval within the meaning of § 27 Krw-AbfG. To the extent that such a legal basis does not exist, an exemption is required.
Such a waiver is granted only in the rarest cases. In particular, as often a separate composting possible or disposal via the bio bin or recycling depots / greenfield collection is reasonable. For example, the Administrative Court of Minden has ruled (from 08.03.2004, Az. 11 K 7422/03). The Administrative Court of Aachen has ruled (judgment of 15.06.2007, ref. 9 K 2737/04) that even general injunctions of municipalities can be ineffective if permission to burn garden waste is generally permitted without general restrictions.

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