Suffolk County, NY Fire Regulations: Fire Pits & Backyard Fires (2026)
Fire pit rules in Suffolk County, NY, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.
Key Facts
- Governing Law
- 6 NYCRR §215.3 (NYS DEC)
- Max Fire Size
- 3 ft high × 4 ft wide
- Spring Burn Ban
- March 16 - May 14 annually
- Approved Fuel
- Clean, dry untreated wood or charcoal only
- First-Offense Fine
- Up to $1,500 (ECL §71-2103)
Summary
Suffolk County does not regulate backyard recreational fires county-wide; jurisdiction falls to New York State open-burning law (6 NYCRR Part 215) and the individual towns (Brookhaven, Islip, Babylon, Huntington, etc.) under their own Town Code. State law caps recreational fires at 3 feet high by 4 feet wide and limits fuel to clean, untreated wood or charcoal, and bans residential open burning entirely between March 16 and May 14 each year.
Open burning is regulated under Part 215. Part 215 describes the types of fires that are allowed and the materials that may be burned in an open fire. Towns, villages, cities, and counties can pass ordinances that are stricter than Part 215. You should check with local authorities before having an open fire to find out if local law requires a permit or prohibits open fires. What Can I Burn? The following types of open fires are allowed in NYS. All fires must consist of only charcoal or dry, clean, untreated, and unpainted wood. Campfires, small cooking fires, or any other outdoor fire less than 3 feet in height and 4 feet in length, width, or diameter. Information on building a safe campfire can be found below. Ceremonial or celebratory bonfires, including the disposal of flags or religious items if it is not otherwise prohibited by law or regulation. For most of the year, downed tree limbs and branches (also called brush) that are less than 6 inches in diameter and 8 feet in length, including branches with attached leaves, are allowed to be burned on-site in towns with total population less than 20,000 residents. The burning of brush is prohibited from March 16 through May 14 due to the increased risk of wildfires. What is Prohibited? 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 pressure or chemically treated wood, painted or stained wood, or composite wood such as plywood and particle board. Firewood that has been heat treated or kiln dried is allowed to be burned.
Full Breakdown
6 NYCRR §215.3 permits 'small cooking, camping or recreational fires' on residential property provided the fire is contained, less than 3 ft high and 4 ft wide/long/diameter, fueled only by clean dry wood or charcoal, attended at all times, and fully extinguished before being left. The seasonal residential brush burning ban (6 NYCRR §215.4) runs March 16 - May 14 statewide and applies in every Suffolk County town. Suffolk County Code Chapter 490 (Outdoor Wood-Fired Furnaces) regulates large outdoor wood boilers, not recreational fire pits, requiring 200-foot setbacks from neighboring residences. Town fire marshals (Brookhaven, Islip, Smithtown, Southampton, etc.) enforce both the NYS open-burning rules and any additional municipal restrictions on bonfires above the 3x4 threshold.
Violations & Fines
Violation of 6 NYCRR Part 215 is punishable under ECL §71-2103 by a civil penalty up to $1,500 for a first offense and $5,000 for subsequent violations. Burning during the March 16 - May 14 ban can trigger additional DEC penalties and any wildfire suppression costs.
Frequently Asked Questions
Are backyard fire pits legal in Suffolk County?
Is there a seasonal burn ban?
Can I burn yard waste in my fire pit?
Sources & Official References
Other rules in Suffolk County
How Suffolk County compares: Cities with the Strictest Fire Pit Rules·New York rules heatmap·Compare Suffolk County 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.