Clay, NY Fire Regulations: Outdoor Burning (2026)

Chapter 80's operating-permit list in § 80-13.A(2) folds in every activity that the 2020 Fire Code of New York State (FCNYS), as adopted by the Town, requires a permit for. Item (k) picks up FCNYS Section 307, "Open Burning, Recreational Fires and Portable Outdoor Fireplaces," and requires an operating permit for conducting open burning, while expressly excluding recreational fires and portable outdoor fireplaces from that permit requirement. Subsection A(10) makes the obligation explicit: anyone who proposes to conduct an activity listed in Subsection A, including open burning, must obtain the operating permit before starting.

The application goes to the Code Enforcement Officer under § 80-13.B, on a form the Officer accepts, with enough detail to show the burning will conform to the Uniform Code and Town Code; the Officer or an authorized inspector then inspects the site under Subsection C, in person or remotely, before the permit issues. An operating permit for an activity like open burning runs no longer than one year under § 80-13.E(4) and can be renewed on application and payment of the fee set under § 80-22 and Chapter 105.

If the Officer later finds the burning does not comply with the Uniform Code, § 80-13.F lets the permit be revoked or suspended. Conducting open burning without the required permit, or outside its terms, is enforced the same way as any other Chapter 80 violation under § 80-21: a fine up to $1,000 per day, imprisonment up to a year, or both, plus a separate civil penalty and the Town's option to seek an injunction.