Brookhaven, NY Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Brookhaven, 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
- Permit authority
- Division of Fire Prevention
- Max permit duration
- 24 hours
- Residential recreational fire
- Exempt if NYS Fire Code compliant
- Effective date
- 12-30-2022, L.L. No. 16-2022
- Fee
- Set by Town Board resolution
- Fine
- $500 to $1,000 per day
Summary
Open burning and bonfires are banned in Brookhaven unless the fire complies with the Fire Code of New York State and gets an operating permit from the Division of Fire Prevention, per Town Code §§ 30-205 to 30-207. A narrow exception lets residents kindle a code-compliant recreational fire on residential property without a Town permit.
No person shall kindle or maintain or authorize to be kindled or maintained any open burning or bonfire unless in compliance with the Fire Code of New York State and this chapter. ... An operating permit shall be obtained from the Division of Fire Prevention for any fire for recognized silvicultural or range of wildlife management practices, prevention or control of disease or pest, or a bonfire. ... Exception: No permit shall be required to kindle a recreational fire in compliance with the Fire Code of New York State on a residential property. ... An operating permit issued in compliance with this section shall be issued for a specific date and time frame for a maximum of a twenty-four-hour period.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).
Full Breakdown
Article XXXVI of the Fire Prevention chapter, added by Local Law No. B: 'no permit shall be required to kindle a recreational fire in compliance with the Fire Code of New York State on a residential property,' meaning a homeowner's small, code-compliant fire pit does not need Town sign-off, while a bonfire or land-management burn does. B limits any operating permit to 'a specific date and time frame for a maximum of a twenty-four-hour period,' so approvals are short-lived rather than standing authorizations. The fee for an operating permit is set by Town Board resolution under § 30-208.
This newer article runs alongside the older bonfire and rubbish-fire rule in § 30-33, which separately lets the Chief Fire Marshal prohibit all bonfires townwide during hazardous weather or conditions.
Violations & Fines
Kindling open burning or a bonfire without the required Division of Fire Prevention permit, or outside the 24-hour window a permit allows, is enforced under Chapter 30's general penalty section, § 30-16: a fine of $500 to $1,000 per day of violation, up to 15 days' imprisonment, or both, plus a civil penalty of $500 to $1,000 per day. A violation creating a substantial risk of serious injury is a misdemeanor punishable by $1,000 to $2,500 or up to three months in jail.
Frequently Asked Questions
Can I have a bonfire in my Brookhaven backyard without a permit?
How long does a Brookhaven open-burning permit last?
What kinds of fires need an open-burning permit in Brookhaven?
What's the penalty for illegal open burning in Brookhaven?
Sources & Official References
Other rules in Brookhaven
How Brookhaven compares: Cities with the Strictest Outdoor Burning Rules·New York rules heatmap·Compare Brookhaven to another location·View the New York fire regulations overview
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Outdoor Burning in Nearby Cities
How other cities in Suffolk County handle outdoor burning.