Open Burning on a Residential Piece of Property
Information on Restrictions, Conditions and Permitting
Your city or town may have a municipal ordinance restricting or banning
open burning within its boundaries. Please check with your city or town
to find out what restrictions may apply.
is property that is used exclusively for residential purposes, consisting of one to four dwelling units. Prior to burning, the resident, or individual seeking to burn on the residential property where he or she resides, must have a valid, signed permit from his or her local Open Burning Official
. The permit does not relieve the permittee of any legal liability, which may be incurred as a result of the fire. Burning on property not zoned or classified as residential is prohibited.
Open burning is limited to the burning of brush only
, which is defined as shrubs, vegetation or prunings, the diameter of which is not greater than three inches at the widest point. Leaves and grass are not
considered brush. Open burning is not
allowed for the purpose of clearing land, or for the disposal of construction debris, household trash, or leaves. Please visit DEEP’s Construction & Demolition Waste
or the Composting & Organics Recycling
web pages for more information.
- The burning must not take place when national or state ambient air quality standards may be exceeded.
- The burning must not take place where a hazardous health condition might be created or where there is an advisory from the DEEP Commissioner of any air pollution episode.
- The burning must not take place when the Air Quality Index (AQI) is predicted to be 75 or higher in any town listed in the table entitled “Predicted Daily AQI Maximums".
- The burning must not take place when the Forest Fire Danger Level is identified by DEEP as high, very high, or extreme.
- The burning must not take place where prohibited by an ordinance of the municipality.
- The burning must cease if so directed by any member of the town Fire Marshal's office, Officer of the Fire Department, designated Municipal Official responsible for enforcing the open burning laws and ordinances, or any official of the Health Department or DEEP.
Additional applicable conditions include but are not limited to:
Failure to adhere to the conditions of the permit may result in penalties and/or enforcement actions.
There may be additional requirements or special conditions applied to your open burning permit by your local Open Burning Official.
Content Last Updated on January 9, 2014