Open Burning in New York

Open Burning Prohibitions

Open burning is prohibited in New York, with several exceptions:

• Campfires less than 3 feet in height and 4 feet in length, width or diameter are allowed.
• Small cooking fires are allowed.
• Fires cannot be left unattended and must be fully extinguished.
• Only charcoal or clean, untreated or unpainted wood can be burned.
• Ceremonial or celebratory bonfires are allowed.

In towns with a total population less than 20,000, you may burn tree limbs with attached leaves. The limbs must be less than 6 inches in diameter and 8 feet in length (also referred to as brush). However, this is not allowed from March 16 through May 14 due to the increased risk of wildfires.

The practice of burning large piles of brush collected from local residents at town or county transfer sites is prohibited. 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

Agricultural Uses

• 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.
• Fires must be located on contiguous agricultural land larger than 5 acres, and the materials capable of being fully burned within 24 hours.
• The burning of pesticides, plastics or other non-organic material is prohibited.
• The use of liquid petroleum fueled smudge pots to prevent frost damage to crops is allowed.
• Burning tires and other wastes for smudge is prohibited.
• Individual open fires to control plant and animal disease outbreaks are allowed as approved on a case-by-case by DEC, upon the request by the Commissioner of Agriculture and Markets.
• Prescribed burns - the burning of forest land to achieve a vegetative or wildlife management goal - can be performed but only in accordance with DEC regulations. 

Adirondack and Catskills Park Locations

While a permit is not required under this regulation, the Environmental Conservation Law (ECL) requires that a 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 and Catskill Parks which is designated as a "Fire Town" under the ECL (see list below). In addition, any local requirements or restrictions would apply. In Saranac Lake there are none- please call the SL Fire Department with any questions.

• Essex County, all towns
• Franklin County, the towns of Altamont, Belmont, Brighton, Duane, Franklin, Harrietstown, Santa Clara and Waverly;

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