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New York, NY Fire Regulations: Brush Clearance (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified June 2026

Key Facts

Code Section
No local fire brush-clearance mandate; 6 NYCRR 215; NYC Admin. Code 24-149
Setting
Urban - no wildland fire-hazard severity zones
Brush disposal
Haul, compost or collect; open burning prohibited
Enforcement
Property-maintenance / sanitation rules for overgrown lots

Summary

No New York City-specific ordinance imposes wildland-style defensible-space or brush-clearance requirements; the dense urban setting has no mapped fire-hazard severity zones like California's. Overgrown vegetation and debris on private lots are handled through property-maintenance enforcement, and any cleared brush must be hauled away rather than burned, because state rule 6 NYCRR Part 215 and NYC Administrative Code Section 24-149 prohibit open burning of yard waste.

Prohibited open burning includes: Burning refuse, trash, tires, and other solid wastes. This includes burning trash or other solid wastes in a burn barrel or similar device. Burning loose leaves or leaf piles. ... Burning trash is illegal statewide in all cases.

Full Breakdown

New York City is a fully built-out urban environment without wildland-urban-interface fire-hazard-severity zones, so there is no local defensible-space brush-clearance statute analogous to California Public Resources Code Section 4291. Overgrown lots, high weeds and accumulated combustible debris are addressed through the City's property-maintenance, sanitation and weeds/vacant-lot enforcement rather than a fire-hazard clearance ordinance. Critically, brush and yard waste cleared from a property generally cannot be burned: 6 NYCRR Section 215.2 prohibits open burning of materials statewide except for the narrow 215.3 exceptions, and the NYSDEC confirms that burning loose leaves, leaf piles and trash is not allowed. NYC Administrative Code Section 24-149 separately bans open fires that emit air contaminants. Accordingly, cleared brush, leaves and limbs in the five boroughs must be bagged, composted, mulched or set out for collection, not burned.

Violations & Fines

Overgrown or debris-strewn lots are cited under the City's property-maintenance and sanitation rules, which can result in violations, fines and city-performed cleanup. Burning cleared brush is unlawful open burning under 6 NYCRR Part 215 (NYSDEC) and NYC Administrative Code Section 24-149 (Department of Environmental Protection).

Frequently Asked Questions

Does New York City require defensible space or brush clearance?
No. Unlike wildfire-prone regions, NYC has no defensible-space brush-clearance ordinance. Overgrown lots are handled through property-maintenance and sanitation enforcement, not a fire-hazard clearance law.
Can I burn the brush and leaves I clear from my yard?
No. State rule 6 NYCRR Part 215 and NYC Administrative Code 24-149 prohibit open burning of brush, leaves and yard waste. Cleared material must be bagged, composted or set out for collection.
What happens if my lot is overgrown with weeds and brush?
The City can cite overgrown or debris-filled lots under property-maintenance and sanitation rules, issue fines, and arrange cleanup at the owner's expense.

Sources & Official References

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