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QUESTIONS AND ANSWERS REGARDING NEW OPEN BURNING REGULATIONS EFFECTIVE OCTOBER 14, 2009 2009 | ![]() |
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What are the new regulations on open burning in New York State?
Effective on October 14, 2009, all open burning is prohibited in New York with several exceptions including the following:
- Campfires less than 3 feet in height and 4 feet in length,
width or diameter are allowed.
You may burn tree limbs with attached leaves from May 15 through March 15 (prohibited from March 16 through May 14). The limbs must be less than 6 inches in diameter and 8 feet in length. |
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Do the new regulations on open burning make burning household trash in burn barrels or piles illegal?
Yes. Burning trash is now prohibited statewide in all cases. DEC recommends that you recycle all appropriate materials (such as newspaper, paper, glass and plastic) and compost your organic kitchen and garden waste. |
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Can I burn leaves if I live in a rural area?
No, burning leaves is banned in New York State. |
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Can agricultural wastes be burned (FARMS)?
Yes, 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 fire 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. Liquid petroleum fueled smudge pots may be burned to prevent frost damage to crops, however burning tires and other wastes for smudge is not allowed. |
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Where should I call to report an illegal open fire?
To report environmental law violations call 1-800-TIPP DEC (1-800-847-7332)
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For additional information on the Encon law regarding "Open Fires" (controlled burns), visit the Department of Environmental Conservation website at www.dec.ny.gov/regs/4261.html |
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