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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 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.

City-specific rules exist: Huntington, and Islip have their own fire pits & backyard fires rules that differ from Suffolk County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

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.

Source: 6 NYCRR Part 215 (NYS DEC Open Burning)View official code

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?
Yes, under 6 NYCRR §215.3, provided the fire is no more than 3 feet high and 4 feet wide, uses only untreated wood or charcoal, and is attended at all times. Towns may add stricter rules: check your specific Town Code.
Is there a seasonal burn ban?
Yes. NYS DEC's annual residential brush burning ban runs March 16 through May 14 every year (6 NYCRR §215.4). The ban applies in all of Suffolk County.
Can I burn yard waste in my fire pit?
No. State law restricts recreational fire fuel to clean, dry, untreated wood and charcoal. Burning leaves, brush, construction debris, or yard waste is prohibited year-round in Suffolk County.

Sources & Official References

Other rules in Suffolk County

All Suffolk County rules

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

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Fire Pits & Backyard Fires in Cities Across Suffolk County