NJ Farmers Granted Permission to Use Controlled Burns and Smudge Pots Amid Chilly Spring Temperatures

The Department of Environmental Protection (DEP) and the New Jersey Department of Agriculture (NJDA) has approved the use of controlled open burning and smudge pots to help farmers protect their crops from the unseasonably cold spring weather. The temporary allowance comes in response to a request from NJDA Secretary Douglas Fisher and will be in effect from Friday, April 7, through Friday, April 14.

The state is expected to experience a significant temperature drop, with lows in the 30s and varying winds affecting much of New Jersey. The sudden change follows weeks of warmer weather, leaving fruit and vegetable crops in their delicate flowering stage particularly vulnerable to damage from freezing temperatures. The approved measures aim to safeguard farmers' livelihoods and ensure an abundant supply of Jersey produce for consumers.

To comply with the Air Pollution Control Code, N.J.A.C. 7:27, et seq., and other applicable regulations, farmers wishing 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). Providing advance notice is not a commitment to implement either technique but ensures proper procedures are followed if they become necessary. Farmers who fail to notify the DEP before employing either technique must do so by 9 a.m. the following day and provide details on which method was used.

Upon calling the Communications Center, farmers will receive an incident number and must provide their name, the farm's name and street address, a contact phone number, predicted temperature and wind speed during the technique's use, and the materials to be burned. Within two days, farmers must submit an email to the DEP with their incident number, the actual temperature and wind speed when the technique was employed, and a statement verifying compliance with open burning or smudge pot restrictions.

The DEP and the New Jersey Forest Fire Service urge farmers to exercise caution when using open burning in high wind conditions. Smudge pots are the preferred method for warming during higher wind conditions, as open burning when wind velocity exceeds 5 mph is strictly prohibited, increases wildfire risk, and may result in significant penalties. Smudge pots must be fueled with either kerosene or No. 2 fuel oil, and open burning materials must be limited to clean, untreated lumber, felled trees, pruned clippings, hedgerows, or firewood. Burning refuse, trade waste, tires, or garbage of any type is strictly forbidden.