Amherst, NY Fire Regulations: Fire Pits & Backyard Fires (2026)
Fire pit rules in Amherst, NY, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.
Key Facts
- Size limit
- Under 3 ft across, 2 ft high
- Permit for recreational fires
- Not required
- Fuel requirement
- Seasoned wood, unless in Approved Container
- Setback from neighbors
- 90 feet from occupied structures
- Attendance
- Must be continuously watched until out
- Larger fires
- Become a 'Bonfire,' need Building permit
Summary
Backyard fire pits and camp fires in the Town of Amherst don't need a permit, but Code § 36-5 caps them at three feet across and two feet high, requires seasoned wood unless the fire is in an approved container, sets a 90-foot setback from neighboring homes, and requires someone to watch the fire until it's out.
C. A Recreational Fire or Camp Fire is exempt from the requirement of a permit. Except for fires in an Approved Container, the fuel used in a Recreational Fire or Camp Fire shall be seasoned wood (not freshly cut).
D. Location. The location for open burning shall not be less than ninety (90) feet from a residence, occupied building, housing unit, or mobile home other than that of the owner or occupant on the same premises that the open burning is occurring.
E. Attendance. Open burning, recreational fires and bonfires shall be continuously attended until the fire is extinguished.
Full Breakdown
Section 36-3 defines a 'Recreational Fire or Camp Fire' as an outdoor fire burning materials in an Approved Container, or an open fire whose fuel is contained within three feet horizontally and two feet or less in height, kindled 'for pleasure, religious, ceremonial, cooking, warmth or similar purposes' and not for disposing of material. ' Section 36-5(E) requires that 'open burning, recreational fires and bonfires shall be continuously attended until the fire is extinguished,' so a fire pit cannot be left burning unattended even briefly.
A fire that exceeds the three-foot/two-foot dimensions becomes a 'Bonfire' under § 36-3, which does require a Commissioner of Building permit under § 36-5(B). These rules apply only in the Town of Amherst outside the Village of Williamsville; the Village enforces its own code.
Violations & Fines
Exceeding the recreational-fire size limit without a permit, burning inside the 90-foot setback, using unseasoned or freshly cut wood outside an Approved Container, or leaving a fire pit unattended violates Chapter 36 and is punishable under § 36-6 by a fine of not less than $250 or up to 15 days' imprisonment, or both, enforced under § 36-7.
Frequently Asked Questions
Do I need a permit for a backyard fire pit in Amherst?
How far from my neighbor's house does my fire pit need to be?
Can I leave a fire pit burning while I go inside?
Sources & Official References
Other rules in Amherst
How Amherst compares: Cities with the Strictest Fire Pit Rules·New York rules heatmap·Compare Amherst to another location·View the New York fire regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Fire Pits & Backyard Fires in Nearby Cities
How other cities in Erie County handle fire pits & backyard fires.