Fire pit rules in Albany County, NY — also called outdoor burning, recreational fire, or open flame ordinances — cover fuel types, clearances, and when burning is allowed.
Recreational fire pits allowed under NYSDEC Part 215 if under 3 feet diameter and 2 feet tall, using only clean untreated wood. Local fire marshal may impose setbacks.
Albany County defers to 6 NYCRR Part 215 (NYS DEC open burning rule) plus local town fire codes. Recreational campfires of clean, dry wood under 3 ft diameter and 2 ft high are allowed year-round for cooking and warming, but only if attended at all times and fully extinguished before being left. The statewide March 16 to May 14 brush burning ban does NOT apply to small recreational fires, but burning trash, leaves, yard waste, or treated lumber is prohibited year-round. Most Albany County towns (Bethlehem, Colonie, Guilderland) require a 25 ft setback from structures, property lines, and combustibles. Town of Colonie Code Chapter 80 and Bethlehem Code Chapter 78 follow the NYS Uniform Fire Prevention and Building Code. City of Albany Fire Department may order extinguishment if smoke creates a nuisance. Manufactured outdoor fireplaces (chiminea, steel fire pit with spark screen) may be allowed closer to structures, typically 15 ft, per manufacturer listing.
NYS DEC Part 215 violations: minimum $500 fine first offense, up to $10,000 for repeat or commercial violations. Local nuisance smoke complaints: $100-$250 town fines plus ordered extinguishment.
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See how Albany County's fire pit rules rules stack up against other locations.
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