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Clarkstown, NY Fire Regulations: Outdoor Burning (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Outdoor burning rules in Clarkstown, 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

Governing section
§ 143-63, Outdoor fires
Permits required
Rockland County Health Dept. + Chief Fire Safety Inspector
Cooking exemption
Approved/recognized grills and stoves
First-offense fine cap
$2,500
Repeat-offense fine cap
$5,000 or up to 1 year

Summary

Clarkstown bans any offensive or unpermitted outdoor fire outside an approved cooking grill or stove. Burning without sign-off from the Rockland County Health Department and the Chief Fire Safety Inspector is a code violation.

"Outdoor fires" include all nonaccidental fires burning, smoldering or producing smoke outdoors, with the exception of fires used to cook food in approved and/or recognized grills or stoves... Outdoor fires which, due to the emission of smoke or odor, are offensive or objectionable, or cause the unnecessary dispatching of the Fire Department, or which are conducted without a permit from the Rockland County Health Department and the Chief Fire Safety Inspector, are prohibited.

Full Breakdown

Section 143-63 of the Fire Prevention chapter, Article XVI, Fire Precautions, defines "outdoor fires" broadly to include "all nonaccidental fires burning, smoldering or producing smoke outdoors," carving out only fires used to cook food in approved or recognized grills or stoves. Subsection B prohibits any outdoor fire that is offensive or objectionable because of smoke or odor, causes an unnecessary Fire Department dispatch, or is conducted without a permit from both the Rockland County Health Department and the Chief Fire Safety Inspector. The section specifically calls out that live burn drills by a fire department and special-event ceremonial fires need prior Health Department approval plus a Fire Safety Inspector permit.

Under Subsection C, anyone who starts, maintains or controls an objectionable, offensive, or Fire Department-dispatching outdoor fire, or one lacking the required permits, is in violation of the section. This local burn law layers on top of, rather than replaces, the New York State Fire Code's separate open-burning restrictions, and the Town's own operating-permit chapter (§ 109-10) cross-references FCNYS Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces," when setting which burning activities need a Town operating permit.

Violations & Fines

Burning outdoors without the required Rockland County Health Department and Chief Fire Safety Inspector permits, or maintaining an offensive/objectionable fire or one causing an unneeded Fire Department response, violates § 143-63C. Penalties run under Chapter 143's general penalty section, § 143-6: up to $2,500 for a first offense (fine, imprisonment up to 15 days, or both), rising to up to $5,000 or up to one year for a repeat violation, with each day of continuation a separate offense.

Frequently Asked Questions

Can I have an open burn pile in my Clarkstown backyard?
Only with permits from both the Rockland County Health Department and the Chief Fire Safety Inspector, per § 143-63B. An unpermitted burn, or one that produces offensive smoke or odor, is a violation regardless of size.
Is cooking on a grill considered an 'outdoor fire' in Clarkstown?
No. Section 143-63A specifically excludes fires used to cook food in approved or recognized grills or stoves from the definition of a regulated outdoor fire.
Who enforces Clarkstown's outdoor burning rules?
The Chief Fire Safety Inspector administers the permit requirement under § 143-63B, working alongside the Rockland County Health Department, which must also approve most outdoor burning before it happens.

Sources & Official References

Other rules in Clarkstown

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How Clarkstown compares: Cities with the Strictest Outdoor Burning Rules·New York rules heatmap·Compare Clarkstown to another location·View the New York fire regulations overview

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