The Department of Environmental Protection (DEP) has approved a request from New Jersey Department of Agriculture (NJDA) Secretary Ed Wengryn to allow farmers to conduct controlled open burns or use specialized torches known as smudge pots. This measure aims to protect flowering crops from damage due to anticipated cooler spring temperatures.
Starting today, April 20, and continuing through Saturday, April 27, farmers will be permitted to employ these techniques. Forecasts predict temperatures dropping into the 30s or below tonight, accompanied by varying winds across parts of the state. These cooler conditions follow recent warm weather and pose a risk of freezing damage that could significantly reduce yields of certain fruits and vegetables currently in the flowering stage.
The DEP and NJDA are implementing these measures to safeguard farmers' livelihoods and ensure an ample supply of Jersey produce later this year. The DEP will exercise its authority under the Air Pollution Control Code, N.J.A.C. 7:27, et seq., and other relevant regulations to permit open burning or the use of smudge pots.
Farmers intending to conduct open burns or use smudge pots must notify the DEP’s 24-hour Communications Center at 1-877-WARNDEP (1-877-927-6337). While notification does not mandate the implementation of either technique, it ensures proper procedures are followed if they become necessary. If a farmer uses either technique without prior notification, they must inform DEP by 9 a.m. the following day and provide details on which method was used.
Farmers must record the incident number provided by the Communications Center and supply information including:
- Name of the individual making the decision
- Name and street address of the farm
- Contact telephone number
- Predicted temperature at the agricultural operation
- Anticipated wind speed
- Predicted hours for using either technique
- Materials expected to be burned
Upon initial contact with the Communications Center, farmers will receive an email address and incident number. Within two days, they must submit additional information via email:
- Incident number from DEP Communications Center
- Ambient temperature during technique usage
- Actual wind speed at the time
- Verification statement that all restrictions were followed
The New Jersey Department of Environmental Protection and New Jersey Forest Fire Service advise caution when using open burning in high wind conditions. Farmers are encouraged to utilize smudge pots during higher winds as open burning is prohibited when wind velocity exceeds 5 mph due to wildfire risks and potential penalties.
Smudge pots should only be fueled with kerosene or No. 2 fuel oil. Open burning is restricted to clean materials such as untreated scrap lumber, felled trees, clippings from trees and shrubs, hedgerows, or firewood; refuse or trade waste is strictly prohibited.
