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Freehold Township, NJ Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Freehold Township, NJ, 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 chapter
Township Code Ch. 162, Art. V (§ 162-31)
Adopted by
Ord. No. O-22-8, effective May 24, 2022
Permit-free at
Single-family homes, duplexes and townhomes only
Maximum penalty
$1,250 fine or 90 days imprisonment
Enforced by
Fire prevention officer, police, code enforcement officer

Summary

Freehold Township allows permit-free open burning of firewood at single-family homes, duplexes and townhomes, but only inside an approved chiminea, outdoor fireplace or fire pit and only under the containment, distance and curfew limits in Township Code Chapter 162, Article V. Burning yard waste, leaves, treated lumber or garbage is banned outright, and violators face fines up to $1,250 or 90 days in jail.

OPEN BURNING An outdoor fire where wood or any combustible materials are burned for entertainment. Open burning is allowed at single-family homes, duplexes and townhomes without a permit provided the regulations set forth herein are met. ... Open burning in approved containers shall be allowed without a permit at single-family homes, duplexes, townhomes, subject to the regulations contained herein. ... The burning of yard waste, leaves, brush, vines, evergreen needles, branches smaller than three inches in diameter, treated lumber, garbage, paper products or anything other than firewood as set forth herein is prohibited. ... Any person, firm or corporation, violating any of the provisions of this article, shall be liable to a fine not exceeding the sum of $1,250, or to imprisonment not exceeding 90 days, or both.

Full Breakdown

Adopted in 2022 by Ord. No. O-22-8 as Chapter 162, Article V, Freehold Township's open burning ordinance responds to what the Township Committee calls a serious hazard to public health, safety and quality of life from combustible burning in a residential setting (§ 162-31A). The article defines OPEN BURNING as an outdoor fire where wood or combustible materials are burned for entertainment, and permits that kind of fire without a permit at single-family homes, duplexes and townhomes, provided the article's other regulations are followed (§ 162-31C, D(1)).

FIREWOOD is limited to the trunks and branches of trees and bushes; leaves, needles, vines and brush under three inches in diameter don't count. Section 162-31D(7) bars burning yard waste, leaves, brush, vines, evergreen needles, small branches, treated lumber, garbage or paper products, so a fire pit may only burn firewood or untreated lumber. shutoff rules covered separately under this Township's fire-pit standards. Enforcement runs through the fire prevention officer, the Police Department and the Code Enforcement Officer (§ 162-31E(1)), any of whom may order an open fire extinguished if it becomes a nuisance, defined in the article as any odor, emission or event that prevents reasonable use and enjoyment of one's property.

Because the permit-free allowance covers only the three listed housing types, multifamily buildings and commercial properties fall outside it and remain subject to the Uniform Fire Code enforced separately under Chapter 162, Article II.

Violations & Fines

Violating any provision of the open burning article carries a fine of up to $1,250, imprisonment for up to 90 days, or both, under § 162-31E(2). The fire prevention officer, a police officer or the code enforcement officer can each independently order an open fire extinguished on the spot if it is creating a nuisance, without waiting for a summons to be issued.

Frequently Asked Questions

Can I have an open fire in Freehold Township without a permit?
Yes, if you live in a single-family home, duplex or townhome. Section 162-31D allows open burning in an approved container without a permit at those three housing types, as long as you follow the size, material, distance and curfew rules in the same section.
What can I legally burn?
Only firewood, meaning the trunks and branches of trees and bushes, or untreated lumber. Section 162-31D(7) specifically bans burning yard waste, leaves, brush, vines, evergreen needles, small branches, treated lumber, garbage or paper products in any open fire.
Does an apartment building qualify for permit-free burning?
No. Section 162-31C limits the permit-free allowance to single-family homes, duplexes and townhomes; other property types fall outside the open burning article and remain governed by the Uniform Fire Code under Chapter 162, Article II.
What is the penalty for violating the open burning rules?
Section 162-31E(2) sets a fine of up to $1,250, imprisonment for up to 90 days, or both, for any person, firm or corporation that violates the article's provisions.

Sources & Official References

Other rules in Freehold Township

All Freehold Township rules

How Freehold Township compares: Cities with the Strictest Outdoor Burning Rules·Compare Freehold Township to another location·View the New Jersey fire regulations overview

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Significant Restrictions