Crime & Safety

Muskego Police Answers Burning Questions

Compliance is only part of responsibility for residents

Muskego Police Lt. Dave Constantineau reminded residents that while they do have an option to having the city pick up their leaves, burning comes with a few rules.

"Many people prefer to burn yard waste in the fall rather than compost it.  While it is legal to burn yard waste, there are restrictions that you should be aware of," he said. 

They include:

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  • No burning of garbage, refuse, or building materials,
  • Leaves, sticks, branches, logs and plant materials are allowed. 
  • You may not burn within 20 feet of water edge, drainage ditches or along water courses. 
  • You must be at least 30 feet from any building or structure, and the wind velocity must be below 15 mph, as recorded by the U.S. Weather Service in Milwaukee, with the wind direction blowing away from any structures. 
  • You must have adequate firefighting equipment within reach of the fire.

However, Constantineau pointed out, "Even if you are in compliance with all of the above, there may be circumstances which would prevent you from having a fire.  While citizens have the right to burn yard waste, that right ends when it infringes on the rights of others to enjoy clean air.  While many people love the smell of burning leaves in the fall, just as many find the odor from mildly annoying, to a health risk."

Complaints from neighbors in these cases will trump compliance, he explained, and said it's generally best to check with neighbors if possible to avoid a visit from police.

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"If someone calls to complain that the smoke from your fire is bothersome, even if you have complied with all the restrictions, our officers will politely ask you to put the fire out because it is bothering someone," Constantineau said.  "So before you start your fire, take a moment to determine if the smoke has the potential to be a bother or health risk to someone else.  If you think it could be, or if you think someone will complain, you may want to rethink your decision, and save yourself a visit from our officers."

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