Outdoor burning rules in Colonie, 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.
Outdoor burning in the Town of Colonie is governed by the New York State Department of Environmental Conservation regulation at 6 NYCRR Part 215 (Open Fires), the New York State Uniform Fire Prevention and Building Code (19 NYCRR Part 1219, adopting IFC Section 307), and the Town's nuisance and property-maintenance provisions. Part 215 prohibits open burning of refuse statewide year-round and imposes an annual residential brush burn ban from March 16 through May 14. Only small recreational fires under IFC Section 307.4 (3-foot diameter, 2-foot height, attended, seasoned wood) and cooking on residential grills are routinely allowed outside that window.
Three layers of law govern outdoor burning in Colonie. (1) 6 NYCRR Part 215 - the New York State Department of Environmental Conservation's open-burning regulation, in effect since 2009, prohibits open burning of refuse statewide. Section 215.3 prohibits any open burning except those expressly permitted in Section 215.2. Section 215.3(a) imposes the statewide March 16 through May 14 burn ban each year: 'No person shall openly burn brush in any area where this regulation applies during the period March 16 to May 14 of each year.' During the rest of the year, residents of towns with a total population less than 20,000 may burn on-premises brush under 8 feet long and 3 inches in diameter without a DEC permit. Colonie has a population of approximately 85,590 and therefore does NOT qualify for the small-town brush exemption - DEC's regulation prohibits open burning of brush in Colonie year-round, regardless of season. Section 215.2 lists narrow exemptions: small cooking fires; small recreational fires under IFC 307.4 (campfires); ceremonial bonfires (with DEC permit); training fires; and agricultural waste from on-site agricultural operations. (2) 19 NYCRR Part 1219 - the New York State Uniform Code adopts IFC Section 307, which prohibits open burning except where the fire code official issues a permit or where the fire qualifies as a recreational fire under Section 307.4. (3) Town of Colonie Town Code (eCode360 CO0290) reinforces these standards through Chapter 116 (Building Construction Administration) and the Town's property-maintenance and nuisance provisions. Prohibited everywhere in Colonie: burn barrels; leaf piles; brush piles (year-round in Colonie because of the 20,000-population threshold); construction and demolition debris; painted or treated lumber; tires; plastics; household garbage; commercial waste. Permitted: residential cooking on a grill; a small recreational fire under IFC 307.4.2 (3-ft diameter, 2-ft height, 25-ft setback, seasoned wood, attended).
Violations of 6 NYCRR Part 215 are enforceable by the NY Department of Environmental Conservation under Environmental Conservation Law Article 71. ECL Section 71-2103 authorizes civil penalties up to $11,500 for a first violation and $22,500 for each subsequent violation, with a separate violation for each day the unlawful burning continues, plus possible criminal misdemeanor charges. IFC violations under 19 NYCRR Part 1219 are enforceable by the Colonie fire code official under Executive Law Section 382, with civil penalties up to $1,000 per day. Recklessly causing a fire that damages property or injures a person can also be charged criminally under NY Penal Law Article 150 (Arson) or Section 145.10 (Criminal mischief).
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