Open Burning Regulations in New York State

Open burning is regulated under Part 215 of New York State law. While certain types of outdoor fires are permitted, municipalities may enforce stricter rules. Always check with local authorities before starting any fire to determine if a permit is required or if burning is prohibited.

What Can I Burn?

Certain open fires are allowed under specific conditions, provided only charcoal or dry, clean, untreated, and unpainted wood is used:

• Small campfires and cooking fires (less than 3 feet high and 4 feet in diameter).
• Ceremonial or celebratory bonfires, such as flag retirements.
• Brush burning is not permitted in the Town of DeWitt.
• Controlled burns for invasive species management (DEC approval required).
• Prescribed burns for vegetation and wildlife management (DEC regulations apply).
• Open fires on agricultural lands (larger than 5 acres and actively farmed).

What is Prohibited?

The following types of burning are strictly illegal in all cases:

• Trash, refuse, and solid waste burning, including burn barrels.
• Loose leaves or leaf piles burning.
• Treated, painted, or stained wood (e.g., plywood, particle board).
• Tires and other waste used for smudge burning.

Special Cases

• Agricultural Burns: Farmers may burn organic waste (e.g., brush, wood from field clearing) if it is fully burned within 24 hours. Pesticides, plastics, and non-organic materials are not allowed.
• Firefighter Training: Permitted under guidance from the NYS Office of Fire Prevention and Control.
• Law Enforcement Burns: Allowed for emergency disposal of explosives and dangerous contraband.

Burning Trash is Illegal

Burning household trash releases toxic chemicals, contaminates soil, and poses serious health risks. Alternative waste disposal methods include recycling, composting, and hazardous waste collection programs. Report illegal burning by calling the DEC hotline at 1-844-DEC-ECOs (1-844-332-3267).

Campfire Safety Tips

Campfires are enjoyable but must be safe and legal: ? Keep fires under 3 feet high and 4 feet wide.
? Avoid burning on windy days.
? Keep flammable items at least 3 feet away.
? Never burn trash, including paper, plastic, or cans.
? Burn only local, untreated firewood to prevent the spread of invasive species.
? Keep water or a fire extinguisher nearby and never leave a fire unattended.
? Fully extinguish fires by stirring water or dirt into the ashes.

By following these regulations and safety measures, we can all help prevent wildfires and protect our environment. If you have questions about open burning in your area, contact your local fire department or DEC regional office.

For more details, visit the New York State Department of Environmental Conservation (DEC) website.