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Cheektowaga, NY Fire Regulations: Fire Pits & Backyard Fires (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Fire pit rules in Cheektowaga, NY, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.

Key Facts

Governing sections
Town Code §§ 77-3B, 77-8
Allowed fuel
Natural wood only, no treated wood
Fire code standard
2020 NYS Fire Code Chapter 307
Bonfire threshold
Over 3 ft diameter or 2 ft tall
Bonfire permit
Office of Fire Safety + fire district
Fallback penalty
Up to $500 fine/15 days jail

Summary

Cheektowaga allows recreational fires and campfires as long as only natural wood is burned, the fire follows the 2020 NYS Fire Code's Chapter 307 rules, and it doesn't become a nuisance or safety hazard. Anything larger, over three feet across or two feet tall, counts as a bonfire and needs a permit from the Office of Fire Safety and the local fire district first.

Recreational fires or campfires may be allowed, provided that only wood in its natural state is used, the fires comply with the regulations set forth in the 2020 NYS Fire Code Chapter 307, and do not constitute a nuisance, or a danger to public safety. ... Fires larger than three feet in diameter, and two feet in height, shall be considered bonfires, and are subject to § 77-4, requiring a permit, and prior authorization from the Office of Fire Safety and local fire district.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).

Full Breakdown

' Section 77-4 permits are issued through the Town Fire Inspector after Erie County Health Department and, if applicable, state DEC sign-off, and are aimed at structured or agency burns rather than routine backyard fires. The Local Fire Chief or a designee can order any recreational fire extinguished if it becomes illegal, a nuisance, or hazardous, and must report illegal, nuisance, hazardous or structure fires to the Office of Fire Safety within 48 hours under § 77-5. Because § 77-7 lets the Office of Fire Safety impose a Town-wide burn ban for weather or air-quality reasons at any time, even a compliant three-foot campfire can become temporarily unlawful during an active ban.

Violations & Fines

A recreational fire that exceeds the three-foot-by-two-foot bonfire threshold without the § 77-4 permit, burns anything but natural wood, or is run during an active § 77-7 burn ban is treated as illegal open burning under § 77-2, punishable under § 77-6 by up to a $500 fine or 15 days in jail per day. The Local Fire Chief can order it extinguished immediately.

Frequently Asked Questions

Can I have a campfire in my backyard in Cheektowaga?
Yes, within limits. Section 77-3B allows recreational fires and campfires if 'only wood in its natural state is used,' the fire meets the 2020 NYS Fire Code Chapter 307, and it doesn't become a nuisance or public safety danger; no permit is required at that scale.
How big can a fire pit be before it needs a permit?
Section 77-8 draws the line at three feet in diameter and two feet in height. Anything bigger is legally a bonfire, which requires a permit under § 77-4 with prior authorization from the Office of Fire Safety and the local fire district before it's lit.
Can I burn treated wood or pallets in a fire pit?
No. The recreational fire exception in § 77-3B only covers 'wood in its natural state,' so pallets, painted wood, or construction scrap burned in a fire pit fall outside the exception and are treated as illegal open burning under § 77-2.
Can the Town stop me from having a fire pit even if it's small?
Yes. Section 77-7 lets the Office of Fire Safety declare a Town-wide burn ban for weather or air-quality reasons at any time, which overrides the normal recreational-fire allowance until the ban is lifted.

Sources & Official References

Other rules in Cheektowaga

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How Cheektowaga compares: Cities with the Strictest Fire Pit Rules·New York rules heatmap·Compare Cheektowaga to another location·View the New York fire regulations overview

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