Breaching it could result in a fine of up to $20,000.
That would affect all residential areas in the district, ranging from small communities such as Maheno to the major urban area of Oamaru.
Under the existing bylaw, people can burn rubbish in a container in their back yards, providing they have a running hose on hand and 3m cleared around the fire.
However, while that is allowed under the Waitaki council's bylaw, its smoke could breach provisions in the clean air policies of Environment Canterbury (ECan) and the Otago Regional Council.
Now the Urban Fire Prevention Bylaw is being reviewed and would ban rubbish fires within 50m of a property boundary - effectively stopping anyone burning rubbish in back yards.
Waitaki Chief Rural Fire Officer Eric Spittal said yesterday the new bylaw would bring the district into line with the clean air policies of the two regional councils.
"I'm responsible for the flame, but the smoke is covered by clean air provisions of the regional councils. Effectively, those policies already ban rubbish fires in 75% of the district," he said.
Mr Spittal said the whole purpose of the review of the bylaw was to stop those sorts of fires in urban areas.
However, it is not a fait accompli. The council will prepare a draft bylaw, then put it out for public consultation.
Affected parties such as the New Zealand Fire Service, ECan, Otago Regional Council, the business community, contractors and other interested parties will be consulted.
Only after that would the council make a final decision.
Mr Spittal said banning backyard fires was "virtually a fait accompli" under ECan and the Otago Regional Council provisions.
"In years to come, there will be no such fires allowed and people will have to take their rubbish to the dump," he said.
A lot of complaints were received about back-yard rubbish fires in urban areas.
"People don't realise the smoke can be pretty offensive," he said.
For example, burning macrocarpa hedge trimmings produced a dense, grey smoke and other rubbish, such as plastic, in the fire an "offensive vile smell".
Mr Spittal said if the council did implement the ban, then a "strenuous education process" would be undertaken before anyone was prosecuted.
