(2) The following are not a violation of this chapter or of a rule made under this chapter:

1. (a) burning incident to horticultural or agricultural operations of:

   1. (i) prunings from trees, bushes, and plants; or
   2. (ii) dead or diseased trees, bushes, and plants, including stubble;
2. (b) burning of weed growth along ditch banks incident to clearing these ditches for irrigation purposes;
3. (c) controlled heating of orchards or other crops to lessen the chances of their being frozen so long as the emissions from this heating do not violate minimum standards set by the board; and
4. (d) the controlled burning of not more than two structures per year by an organized and operating fire department for the purpose of training fire service personnel when the United States Weather Service clearing index for the area where the burn is to occur is above 500.

(3)

1. (a) The board or division may not prohibit a burn during the time period beginning November 1 and ending March 31 if the burn:

   1. (i) occurs in an attainment area;
   2. (ii) occurs on private property within an incorporated portion of a county;
   3. (iii) occurs when the United States Weather Service clearing index for the area in which the burn is to occur is above 250;

   4. (iv) is the open burning of clippings, bushes, plants, prunings from trees, or dead or diseased trees, bushes, and plants, that are:

      1. (A) incident to property and residential clean-up activities; and
      2. (B) thoroughly dry;
   5. (v) does not include trash, rubbish, tires, or oil in the material to be burned, used to start the burn, or used to keep a fire burning; and
   6. (vi) does not create a nuisance as defined in Section 76-10-803.
2. (b) Notwithstanding Subsection (3)(a), the board by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, may establish the process for issuing a burn permit under this chapter.