Showing ordinances that apply to Smithtown, NY
Smithtown is an unincorporated community (population 25,629) in Suffolk County, New York. Because Smithtown is not an incorporated city, it does not have its own municipal code. Instead, Suffolk County ordinances apply directly to properties here. The backyard fires rules below are the ones that govern your area.
Backyard recreational fires are allowed in Suffolk County when contained in a proper pit or device, kept under 3 feet in diameter, attended at all times, and at least 15 feet from any structure or property line. Burning yard waste, trash, or construction debris in a backyard fire is prohibited by NYSDEC and local code.
Under NY Fire Code 1225 Section 307, recreational fires for cooking, warmth, or ceremonial purposes are permitted without a burn permit provided they meet size and setback rules. Suffolk County towns prohibit any fire that produces nuisance smoke affecting neighbors. Chimeneas and portable outdoor fireplaces placed on noncombustible surfaces are generally acceptable. Fires must be completely extinguished before leaving; drowning with water and stirring is the standard protocol.
Unpermitted open burn: $500 DEC fine. Nuisance smoke after neighbor complaint: $250-$500 town code fine. Leaving fire unattended: $500 plus suppression cost recovery.
See how Smithtown's backyard fires rules stack up against other locations.
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