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Adopted Part 215 - Open Fires, Part 191 - Forest Fire Prevention, Part 621 - Uniform Procedures

The Department has revised 6 NYCRR Parts 191, 215, and 621 effective October 14, 2009. The rule changes extend the previously existing ban on most open burning statewide. Part 215 includes several exceptions allowing the following types of open fires without a permit:*

  • On-site burning of limbs and branches between May 15th and the following March 15th in any town with a total population less than 20,000. This practice remains banned in incorporated villages and cities.
  • Barbecue grills, maple sugar arches and similar outdoor cooking devices.
  • Small cooking and camp fires.
  • On-site burning of organic agricultural wastes, but not pesticides, plastics or other non-organic material at agricultural operations greater than 5 acres.
  • Liquid petroleum fueled smudge pots to prevent frost damage to crops.
  • Ceremonial or celebratory bonfires.
  • Disposal of a flag or religious item.
  • Burning on an emergency basis of explosive or other dangerous or contraband by police, etc.
  • Prescribed burns performed according to state regulations.
  • 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.

*Note: Section 9-1105 of the Environmental Conservation Law requires open burning permits in certain areas of the state. This requirement is still in place.


More about Adopted Part 215 - Open Fires, Part 191 - Forest Fire Prevention, Part 621 - Uniform Procedures:

  • Page applies to all NYS regions
  • Contact for this Page:
  • NYSDEC
    Division of Air Resources
    Adopted Part 215
    625 Broadway
    Albany, NY 12233-3250
    518-402-8403
    email us