Navigating San Joaquin Valley’s Burn Ban: A Grower’s Guide to Understanding the Agricultural Burning Disease Exemption for Vineyards and Orchards

Written By Phoebe Gordon

By Dr. Justin Tanner, Viticulture Advisor, and Dr. Brent Holtz, Orchard Systems Farm Advisor, University of California Cooperative Extension – San Joaquin County

 

With open burning now banned except in dire emergencies, San Joaquin Valley vineyard and orchard growers face a dual challenge: protecting crops from disease while complying with the nation’s strictest air quality mandates. At the January 17, 2025, meeting “Orchard & Vineyard Redevelopment Considerations – Avoiding Costly Mistakes,” hosted by the San Joaquin Resource Conservation District experts from the San Joaquin Valley Air Pollution Control District (SJV APCD) and the San Joaquin County Agricultural Commissioner’s Office outlined stringent new protocols for growers navigating this high-stakes landscape. This article synthesizes critical updates from that meeting into a step-by-step guide, helping growers:

  • Secure emergency burn permits in cases of true crises.

  • Avoid penalties by aligning with evolving regulations.

Whether battling a vineyard-threatening pathogen or planning an orchard removal, here’s how to act decisively—without risking fines or community backlash.

Regulatory Context: A Near-Total Ban on Open Burning

The San Joaquin Valley’s near-total ban on open burning, mandated by Senate Bill 705, reflects two decades of progress toward cleaner air—reducing agricultural emissions by over 90%. Yet this sweeping prohibition carries a carefully measured exception: burning diseased vines or trees is permitted only when failure to act risks catastrophic consequences to the region.

Why Does This Exemption Exist?

Open burning is no longer a routine disposal method—it’s an emergency tool. The exemption exists for scenarios where:

  • A highly contagious pathogen or pest threatens to spread uncontrollably, jeopardizing not just a single farm but entire regional crops such as with a newly introduced pathogen

  • No alternative disposal method (chipping, soil incorporation, etc.) can effectively neutralize the threat due to technical, logistical, or economic barriers.

  • Immediate action is required to prevent irreversible economic loss or long-term environmental harm.

This exemption isn’t a loophole—it’s a failsafe. It acknowledges that while air quality is paramount, the valley’s agricultural backbone cannot survive without a last-resort option to address existential threats. However, the process is designed to be exhaustive, not expedient, ensuring exemptions are granted only when the stakes justify the risk. Most pest and diseases do not necessitate burning to protect the health of the agricultural industry in the San Joaquin Valley. As this exemption is a key tool to respond to emerging diseases, a list of qualifying pest and diseases does not exist. Applications will be evaluated on a case-by-case basis and only be granted when absolutely necessary.

How to Apply for a Disease Exemption

Navigating the process to secure a burn permit for removing diseased vines or trees requires careful coordination between growers, the County Agricultural Commissioner’s Office, and the San Joaquin Valley Air Pollution Control District (SJV APCD). Here’s what you need to know:

Step 1: Documenting the Threat

Before contacting regulators, growers must gather concrete evidence of the disease or pest infestation threatening crops. This starts with completing the SJV APCD’s Diseased Agricultural Material Form, introduced in July 2024 to simplify the process. The form requires:

  • A detailed site map outlining the affected area, including the property’s address or APN number, acreage, and specific blocks slated for removal.

  • Proof of the pathogen or pest, such as third-party lab test results or field survey reports.

This documentation helps to organize the evidence of disease concerns and ensures transparency in a process tightly regulated to protect air quality and neighboring farms.

Step 2: Working with the Agricultural Commissioner’s Office

Once the threat is documented, growers need to contact and the County Agricultural Commissioner’s Office, and share your documentation with them. Your County Agricultural Commissioner’s Office acts as a critical mediator in the application process and must determine if burning is indeed necessary. Under District Rule 4103 on open burning, their team is responsible for conducting a site-specific evaluation to address two key concerns:

  1. There is no economically feasible alternative means of eliminating the disease or pest other than burning

  2. There is the presence of a disease or pest that will cause a substantial, quantifiable reduction in yield or poses a threat to the health of adjacent vines, trees, or plants in the field proposed to be burned, during the current or next growing season, or there is the presence of a disease or pest that will cause a substantial, quantifiable reduction in production of animals or fowl

This phase includes a site visit to confirm the acreage, inspect the crop, and cross-reference the grower’s claims with the submitted evidence. The Commissioner’s Office may then issue a burn support letter to the grower, which becomes the cornerstone of the application.

Step 3: Final Approval from the SJV APCD

With the Commissioner’s evaluation in hand, growers submit their complete packet to the SJV APCD. Here, the Air District conducts its own review, focusing on air quality impacts. Even if all agricultural requirements are met, the burn will only proceed if the Air District determines it won’t violate federal air standards or create a public nuisance.

Why This Collaborative Approach Matters

The process underscores a shared responsibility: growers must act as stewards of both their crops and the environment, while regulators ensure compliance without stifling agricultural livelihoods. By requiring scientific evidence, exploring alternatives, and prioritizing air quality, the system aims to minimize open burning while addressing genuine emergencies.

The takeaway for growers is clear: Start early, document thoroughly, and engage proactively with the Commissioner’s Office and SJV APCD. Delays often arise from incomplete paperwork or missed inspections—not from the rules themselves.

The Bottom Line

The clock is ticking for San Joaquin Valley growers. With tightening burning restrictions, today's choices will shape your farm’s future and the valley’s air quality legacy. By acting swiftly to critical threats such as new and emerging pest and diseases— properly documentation, engaging early with your Agricultural Commissioner’s Office, and seizing incentive programs—growers can turn regulatory challenges into opportunities for innovation. As the disease exemption for agricultural burning is not a loophole but a last resort, only pest and disease threats for which the compete destruction of the crop by burning is the only practical method of control is the use of this exemption warranted. This isn’t just about compliance; it’s about stewardship. Every acre spared from open burning and every collaboration with regulators and partners like UCCE strengthens the valley’s dual identity: a global agricultural powerhouse and a model for sustainable farming. Together, growers, agencies, and UCCE can protect livelihoods, safeguard communities, and ensure the land remains productive for generations.

 

Facing an unfamiliar pest or disease? UC Cooperative Extension (UCCE) farm advisors may be able to diagnose an unknown pathogen or pest or provide information on laboratories capable of diagnosis and identification.  UC farm advisors can provide science-backed information to help you navigate crop removal protocols—helping protect your crop while complying with regulations.

Resources

 
Phoebe Gordon
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