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Westchester County, NY Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Westchester County, 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 law
Sanitary Code § 873.1313
Default rule
All open fires prohibited
Permit exceptions
Land-clearing, demolition, fire training only
Enforcing agency
Westchester County Health Department

Summary

Westchester County's Sanitary Code bans open burning countywide unless the fire falls under a narrow permit exception for land-clearing or demolition debris, or fire-department training, enforced by the Health Department.

City-specific rules exist: Mount Vernon, Yonkers, White Plains, and New Rochelle have their own outdoor burning rules that differ from Westchester County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

1.Except as permitted by section 873.1314, no person shall burn, cause, suffer, allow or permit the burning of an open fire.2.No person shall burn, cause, suffer, allow or permit the burning in an open fire of refuse during an air pollution episode in an area for which such air pollution has been designated.

Source: Westchester County CodeView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 47).

Full Breakdown

Sanitary Code § 873.1313 prohibits any person from burning, causing, suffering, allowing or permitting an open fire, defined as any outdoor fire or smoke-producing process releasing air contaminants into the atmosphere, except as permitted under § 873.1314. That companion section allows burning only for on-site land-clearing or demolition debris, or at a designated fire-training site, and only under a written permit application to the Health Department that can be revoked for noncompliance or air-pollution violations. Burning refuse during a declared air-pollution episode is barred outright.

Violations & Fines

Violations of Article XIII are enforceable under § 873.218: up to $250 for a first offense and $500 for repeat offenses, plus revocation of any burning permit.

Frequently Asked Questions

Can I get a permit to burn brush on my property?
Only if it's land-clearing or demolition debris tied to construction, and only with a written permit under § 873.1314 showing no alternative disposal is available.
Is open burning banned everywhere in the county?
Yes, § 873.1313 bars open fires countywide except the narrow permitted purposes in § 873.1314 or burning otherwise permitted by law.

Sources & Official References

Other rules in Westchester County

All Westchester County rules

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

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Outdoor Burning in Cities Across Westchester County