Amherst, NY Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Amherst, NY, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.
Key Facts
- General rule
- No burning of materials in an open fire
- Exceptions
- Only as permitted under § 36-5
- Bonfire/brush permit issuer
- Commissioner of Building
- Minimum fine
- $250, or up to 15 days jail
- Applies where
- Town of Amherst outside Village of Williamsville
- Enforcement
- Police, peace officers, code enforcement officers
Summary
Chapter 36 of the Amherst Town Code bans burning any materials in an open fire anywhere in town outside the Village of Williamsville, unless the burning fits one of the narrow exceptions the chapter allows, such as a permitted bonfire or brush fire, or a recreational fire in an approved container.
§ 36-4. Prohibited Burning. Except as allowed in Section 36-5, no person shall burn, cause, suffer, allow or permit the burning of any materials in an open fire.
Full Breakdown
' The only carve-outs are in § 36-5: individual property owners may burn bonfires or brush and tree limbs with a permit issued by the Commissioner of Building, who weighs fire safety, pollution and proximity to neighbors; commercial brush and wood burning needs both a state DEC approval and a Town permit; and fire company practice burns need a Town permit. Recreational fires and camp fires, defined in § 36-3 as fires contained within three feet horizontally and two feet in height (or any fire in an Approved Container), do not need a permit but must still follow the location and attendance rules in § 36-5(D) and (E).
Anyone who burns garbage, refuse, brush or other material in an open fire without a permit and outside those exceptions violates § 36-4. This law applies only in the unincorporated Town, since § 36-3 defines 'Town' for Chapter 36 purposes as 'The Town of Amherst outside of the Village of Williamsville,' which enforces its own separate code.
Violations & Fines
A violation of the open-burning ban is an offense under § 36-6, carrying a fine of not less than $250 or imprisonment for up to 15 days, or both. Any authorized police officer, peace officer or Town of Amherst code enforcement officer may enforce Chapter 36 under § 36-7, and burning without a required permit or outside the allowed size and location limits can trigger a citation on the spot.
Frequently Asked Questions
Is open burning allowed anywhere in the Town of Amherst?
Does the Amherst open burning ban apply inside Williamsville?
What's the penalty for illegal open burning in Amherst?
Sources & Official References
Other rules in Amherst
How Amherst compares: Cities with the Strictest Outdoor Burning Rules·New York rules heatmap·Compare Amherst to another location·View the New York fire regulations overview
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Outdoor Burning in Nearby Cities
How other cities in Erie County handle outdoor burning.