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Frances Cavenaugh files bill to regulate crop burning

Frances Cavenaugh files bill to regulate crop burning

Photo: Saga Communications


Jonesboro, AR – (JonesboroRightNow.com) – Nov. 21, 2024 – State Representative Frances Cavenaugh (R- District 30) filed a bill on Thursday ahead of the 95th General Assembly that would place regulations on crop residue burning.

Crop residue is material left over after a crop harvest such as leaves, stalks, stems and seeds. For Arkansas, this is commonly wheat and rice stubble.

The bill would require farmers to report crop residue burning to the Department of Agriculture for approval prior to burning. Additionally, burning must be in compliance with the Arkansas Voluntary Smoke Management Guidelines for Row Crop Burning.

Per these guidelines, farmers cannot burn fields if winds exceed 15 mph, humidity is below 20% or if wind direction would blow smoke directly into roadways or communities. Farmers are also not to leave their fires unattended.

The bill would not prohibit field burning in a county under a burn ban, unless the Forestry Division of the Department of Agriculture determined all burning to be unsafe.

Furthermore, an individual in compliance with these regulations would not be held liable in a civil action for any damage or injury, unless a claimant can prove with substantial evidence they suffered damages as a result of negligence on the farmer’s part.

Any individual in violation of these regulations could face the following penalties:

  • $25,000 for the first violation
  • $50,000 for the second violation
  • $75,000 for each violation past the second

Any money collected from violations would be distributed to the Agri Scholarship Program.

This comes after a 2023 crash on Highway 67 killed two people as a result of poor visibility from field burning smoke. An arrest was made in connection with the crash back on Sept. 18.

This is also after several local residents and Craighead County leadership have called for field burning regulations.

Read the full bill here.

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