Backyard recreational fires allowed in most Rensselaer County towns if using clean wood or charcoal, attended, and away from structures. Prohibited in City of Troy and City of Rensselaer without special permit.
Most Rensselaer County towns permit recreational backyard fires under 6 NYCRR 215.3, which allows small cooking fires and campfires that use clean, untreated wood or charcoal, are no larger than 3 ft diameter by 2 ft high, are at least 25 ft from any structure, and are continuously attended by an adult with a water source or extinguisher. The City of Troy (Code Chapter 155) and City of Rensselaer prohibit open burning in residential zones without a special permit from the Fire Chief; propane and natural gas fire features (fire tables, gas fire pits) are exempt from the ban. Annual March 16 to May 14 statewide ban still applies even to recreational fires in most cases. Burning of leaves, trash, construction debris, and treated lumber is illegal year-round statewide.
6 NYCRR 215 first offense: minimum $500 civil penalty. Troy Code 155 unauthorized open burning: $250-$1,000 plus potential criminal referral if fire spreads. Trash burning (year-round ban): up to $10,000 under ECL 71-2103 if ignited during no-burn period.
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