New York DEC
Outdoor Burning Regulations

Regulations Effective October 14, 2009

• Burning household trash in burn barrels or piles is illegal everywhere in New York. Previous law already prohibits burning household trash in wood stoves, fireplaces, and outdoor wood boilers.
• Effective on October 14, 2009, all open burning is prohibited in New York with several exceptions including the following:
  • Barbecue grills, maple sugar arches and similar outdoor cooking devices, using only propane, charcoal, or untreated wood
  • Small cooking and camp fires, using only untreated wood
  • On-site burning of limbs and branches is allowed between May 15th and the following March 15th in any town with a total population less than 20,000
  • On-site burning of organic agricultural wastes, but not pesticides, plastics or other non-organic material, on certain agricultural lands
  • Liquid petroleum fueled smudge pots to prevent frost damage to crops
  • Ceremonial or celebratory bonfires
  • Disposal of a flag or religious items
  • Fire training with some restrictions on the use of acquired structures
  • Individual open fires to control plant and animal disease outbreaks as approved by DEC upon the request by the Commissioner of Agriculture and Markets
  • Open fires as necessary to control invasive plant and insect species
  • See the NY DEC Air Resources law, part 215 for a full list of exceptions
• Burning leaves is banned in New York, including rural areas
• Local law may impose stricter regulations than State law
• This is only a synopsis of the regulations. You should refer to the DEC website for complete information

Click here for an Open Burning fact sheet.

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