Open Burning

Help Prevent Pollution and Wildfires

Open burning is the single greatest cause of wildfires in NYS. To report a wildfire, call 1-833-NYS-RANGERS (1-833-697-7264) or contact a forest ranger in your area. When you plan a fire, always check for fire danger in your area on DEC's online map (updated every week). Also, local governments may have stricter rules than NYS; your fire department will have information about local burning laws.

Open burning is regulated under Part 215. Part 215 describes the types of fires that are allowed and the materials that may be burned in an open fire. Towns, villages, cities, and counties can pass ordinances that are stricter than Part 215. You should check with local authorities before having an open fire to find out if local law requires a permit or prohibits open fires.

What Can I Burn?

The following types of open fires are allowed in NYS. All fires must consist of only charcoal or dry, clean, untreated, and unpainted wood. 

• Campfires, small cooking fires, or any other outdoor fire less than 3 feet in height and 4 feet in length, width, or diameter. Information on building a safe campfire can be found below. 
• Ceremonial or celebratory bonfires, including the disposal of flags or religious items if it is not otherwise prohibited by law or regulation.
• For most of the year, downed tree limbs and branches (also called brush) that are less than 6 inches in diameter and 8 feet in length, including branches with attached leaves, are allowed to be burned on-site in towns with total population less than 20,000 residents. The burning of brush is prohibited from March 16 through May 14 due to the increased risk of wildfires.
• Open fires to control the spread of invasive species are allowed with case-by-case approval from DEC. Approval can be obtained from DEC regional offices. 
• Open fires on agricultural lands, as discussed below.

Prescribed burns, such as the burning of forest land to achieve a vegetative or wildlife management goal, can be performed, but only in accordance with DEC regulations. Check with your regional DEC office.

What is Prohibited?

• Burning refuse, trash, tires, and other solid wastes. This includes burning trash or other solid wastes in a burn barrel or similar device. 
• Burning loose leaves or leaf piles.
• Burning pressure or chemically treated wood, painted or stained wood, or composite wood such as plywood and particle board. Firewood that has been heat treated or kiln dried is allowed to be burned.
• The practice of burning large piles of brush collected from local residents at town or county transfer sites. The individual landowners in small towns may burn their brush on-site, as discussed above. Downed limbs and branches generated at a transfer site are also allowed to be burned on-site with the same restrictions.

Burning on Agricultural Lands

Open fires are allowed on contiguous agricultural land larger than 5 acres that is actively devoted to agricultural or horticultural activities. Open fires on agricultural land are not subject to the annual brush burning ban. The following restrictions apply to open fires on agricultural land:

• Only organic agricultural wastes may be burned on-site where they are grown or generated, including brush and wood produced by clearing fields and other activities.
• The materials must be capable of being fully burned within 24 hours.
• Burning of pesticides, plastics, trash, or other non-organic material is prohibited.
• Burning tires and other wastes for smudge is prohibited.
• The use of liquid petroleum fueled smudge pots to prevent frost damage to crops is allowed.
• Individual open fires to control plant and animal disease outbreaks are allowed as approved on a case-by-case basis by DEC, upon the request by the Commissioner of Agriculture and Markets.

Municipal Uses

With some restrictions, fire training activities are allowed in accordance with guidance from NYS Division of Homeland Security and Emergency Services' Office of Fire Prevention and Control. The Fire Services Bureau may be reached at 518-474-6746. Explosives, or other dangerous contraband, may be burned on an emergency basis only by police or other public safety organizations.

Burning by Law Enforcement Agencies

The open burning of explosive, dangerous, or contraband materials by law enforcement agencies is allowed on an emergency basis. The routine disposal of evidence or other materials no longer needed is not an emergency, and therefore not allowed under this provision. See the fact sheet on the proper disposal of illegal drugs and other contraband for further information. 

Adirondack and Catskills Park Locations

While a permit is not required under this regulation, the Environmental Conservation Law (ECL) requires that a burning permit be obtained from DEC if you plan to burn brush under the exception, and you live in a town which is totally or partially located within the boundaries of the Adirondack or Catskill Parks which is designated as a "Fire Town" under the ECL (see list below). In addition, any local requirements or restrictions would apply.

• Clinton County, the towns of Altona, Ausable, Black Brook, Dannemora, Ellenburg and Saranac;
• Delaware County, the towns of Andes, Colchester, Hancock and Middletown;
• Essex County, all towns
• Franklin County, the towns of Altamont, Belmont, Brighton, Duane, Franklin, Harrietstown, Santa Clara and Waverly;
• Fulton County, the towns of Bleecker, Caroga, Mayfield, Northampton and Stratford;
• Greene County, the towns of Hunter, Jewett, Lexington and Windham;
• Hamilton County, all towns;
• Herkimer County, the towns of Ohio, Russia, Salisbury and Webb;
• Lewis County, the towns of Croghan, Diana, Grieg, Lyonsdale and Watson;
• Oneida County, the towns of Forestport and Remsen;
• Saratoga County, the towns of Corinth, Day, Edinburg and Hadley;
• Saint Lawrence County, the towns of Clare, Clifton, Colton, Fine, Hopkinton, Parishville, Piercefield and Pitcairn;
• Sullivan County, the towns of Neversink and Rockland;
• Ulster County, the towns of Denning, Gardiner, Hardenburgh, Olive, Rochester, Shandaken, Shawangunk, Wawarsing and Woodstock;
• Warren County, the towns of Bolton, Chester, Hague, Horicon, Johnsburgh, Lake George, Luzerne, Queensbury, Stoney Creek, Thurman and Warrensburg;
• Washington County, the towns of Dresden, Fort Ann and Putnam.

Burning Trash is Against the Law

Burning trash is illegal statewide in all cases. Part 219 Incinerators prohibits burning trash in wood stoves, fireplaces, and outdoor wood boilers. It is unhealthy, un-neighborly, and unnecessary. It causes:

• serious health concerns and diseases,
• contaminated soil, and
• discomfort for others enjoying the outdoors or their own property.

Read more about the negative health effects of burning trash on NYSDOH's website. Download our burning tip strip (PDF) and poster (PDF).

The Problem with Burn Barrels

Burn barrels are a very dirty way to dispose of trash. They produce polluted air because fires in barrels are rarely hotter than 500°F. That's not hot enough for complete combustion, and incomplete combustion leads to harmful smoke and soot. DEC has lots of information about reducing, reusing, and recycling scrap materials, trash, and other waste you generate at home. Learn how to:

• manage fallen leaves without burning,
• properly dispose of household hazardous waste,
• compost your organic kitchen and garden waste, and
• produce less trash.

You can report polluters by calling the DEC hotline at 1-844-DEC-ECOs (1-844-332-3267).

Campfire Safety

Campfires with family and friends are great fun! To make your next campfire safer and healthier, remember to:

• Check the fire danger map first to make sure it's safe to have a fire where you are.
• Avoid burning on windy days.
• Keep your campfire less than 3 feet high and less than 4 feet wide.
• Keep flammable objects and debris at least 3 feet away from the fire.
• Never burn trash, including paper products, plastic, glass, and metal (like tin and aluminum cans).
• Burn only local firewood.
  • Burn only dry, plain wood - no pressure-treated lumber or plywood, and no painted or stained wood.
  • Untreated wood, split tree logs, and branches are recommended for campfires.
  • Using heat-treated/kiln-dried wood can prevent the spread of invasive species.
• Never use fire accelerants such as kerosene, gasoline, or lighter fluid.
• Stay out of the smoke. The fire and its warmth can be pleasant for everyone, but inhaling smoke is unhealthy for you and for your pets.
• Keep water or a fire extinguisher nearby. Never leave your fire unattended.
• When you're finished with your fire, fully extinguish it. Stirring water or dirt into the remains of the fire can help.

We want you to fully enjoy your campfire. Following these guidelines will help ensure a safer gathering.