Brookhaven, NY Fire Regulations: Fire Pits & Backyard Fires (2026)
Fire pit rules in Brookhaven, NY, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.
Key Facts
- Permit needed for
- Bonfires, silvicultural or wildlife-management fires
- Permit exemption
- Residential recreational fires meeting NYS Fire Code
- Max permit duration
- 24 hours, specific date and time frame
- Issuing agency
- Division of Fire Prevention
- First violation fine
- $500 to $1,000 per day
- Effective date
- December 30, 2022 (L.L. No. 16-2022)
Summary
Brookhaven exempts backyard recreational fires that comply with the New York State Fire Code from any town permit, but treats bonfires and silvicultural or wildlife-management burns as regulated activities. Anyone kindling a bonfire needs an operating permit from the Division of Fire Prevention, valid for a specific date and a maximum twenty-four-hour window, under Town Code Chapter 30, Article XXXVI.
§ 30-205. Scope. No person shall kindle or maintain or authorize to be kindled or maintained any open burning or bonfire unless in compliance with the Fire Code of New York State and this chapter. § 30-206. Permit required. A. An operating permit shall be obtained from the Division of Fire Prevention for any fire for recognized silvicultural or range of wildlife management practices, prevention or control of disease or pest, or a bonfire. B. Exception: No permit shall be required to kindle a recreational fire in compliance with the Fire Code of New York State on a residential property. § 30-207. General requirements. A. Compliance with the Fire Code of New York State and this chapter. B. An operating permit issued in compliance with this section shall be issued for a specific date and time frame for a maximum of a twenty-four-hour period.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).
Full Breakdown
Article XXXVI of the Fire Prevention chapter, added by Local Law No. 16-2022 effective December 30, 2022, governs open burning, recreational fires and portable outdoor fireplaces town-wide. Section 30-205 bars anyone from kindling or maintaining open burning or a bonfire unless the activity complies with both the Fire Code of New York State and this chapter. Section 30-206 requires an operating permit from the Division of Fire Prevention before lighting a bonfire, or a fire set for recognized silvicultural or wildlife-management practices, or for disease and pest control; the same section carves out a clear exception so that a backyard recreational fire on residential property needs no town permit as long as it stays within the limits set by the state Fire Code.
Where a permit is required, Section 30-207 caps it at a single specific date and time frame, for a maximum period of twenty-four hours, so a bonfire permit cannot be used to run a standing burn indefinitely. Section 30-208 leaves the permit fee to be set by Town Board resolution rather than fixing a dollar figure in the code itself. Enforcement runs through the chapter's general violations section, Section 30-16, which applies to any violation of Chapter 30, including this article, and lets the Chief Fire Marshal pursue an order to remedy in addition to court penalties.
Violations & Fines
Burning without the required bonfire permit, or outside the permitted twenty-four-hour window, is a Chapter 30 violation under Section 30-16: a fine of not less than $500 and not more than $1,000 per day the violation continues, or up to 15 days in jail, or both. Fires that create a substantial risk of serious physical injury escalate to a misdemeanor punishable by $1,000 to $2,500 and up to three months' imprisonment.
Frequently Asked Questions
Do I need a permit for a backyard fire pit in Brookhaven?
How long can a bonfire permit last?
What happens if I burn without a permit?
Sources & Official References
Other rules in Brookhaven
How Brookhaven compares: Cities with the Strictest Fire Pit Rules·New York rules heatmap·Compare Brookhaven to another location·View the New York fire regulations overview
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