The Kenton County Fiscal Court unanimously approved an executive order allowing Judge/Executive Kris Knochelmann to declare a state of emergency banning open burning within the county from May 1 to September 30.
The order is designed to protect people from ground-level ozone, a type of ozone that forms when pollutants in the atmosphere chemically react to heat and sunlight. This phenomenon is more prevalent during summer months when temperatures are warmer.
Kenton County joins a coalition of seven other Kentucky counties restricting open burning. This includes Boone, Boyd, Bullitt, Campbell, Jefferson, Lawrence and Oldham counties.
“Pollution from open burning is more likely to cause problems during the warmer
months of the year,” Michael Kennedy, director of Kentucky’s Division for Air
Quality, said in a 2022 press release. “For those counties that have historically had problems meeting air quality standards for ozone and particulate pollution, most open burning is restricted during this time to protect air quality and human health.”
The order specifically bans open burning in the county’s unincorporated areas. Open burning is defined as any fire intentionally set for any purpose in the aforementioned area, including debris disposal resulting from excavation or construction.
Items such as household garbage, brush, tree limbs, leaves and natural growth cannot be burned in an open fire. Under state law, painted, stained or treated wood products like fence posts, pallets, and furniture are all illegal to burn because they release dangerous toxins into the air.
“It’s just for larger fires that would have the potential to spread during the dry seasons of summer,” Kenton County Homeland Security and Emergency Management Director Steve Hensley told the Fiscal Court.
Small patio fire-pits, campfires and grills are permissible. Enforcement duties fall on sworn peace officers with jurisdiction in Kenton County who will work in cooperation with local fire officials in their corresponding jurisdictions.

