Howell, NJ Fire Regulations: Outdoor Burning (2026)

Chapter 86 of the Howell Township Code, titled Burning, Open, opens with its purpose in § 86-1: to protect public health, safety and welfare by prohibiting open burning except as permitted in the chapter or by the New Jersey Department of Environmental Protection under N.J.A.C. 7:27-2. Section 86-2 defines open burning as any fire whose products of combustion are emitted directly into the open air and are not directed through the stack or chimney of an incinerator. The definition turns on where the smoke goes, not on the size of the fire.

The three banned categories in § 86-3 each have a definition. Garbage is waste animal or vegetable matter and discarded food of any kind. Rubbish includes rags, old clothes, leather, rubber, carpets, wood, paper, ashes, furniture, tin cans, glass and masonry. Trade waste is waste from construction, building operations or the operation of any business, trade or industry, and the definition names plastic products, cartons, paint, grease, oil and other petroleum products. Plant life covers trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops, so brush and grass clippings fall under the leaves-and-plant-life ban in § 86-3(B).

Section 86-4 carves out two exceptions. The first is burning of rubbish, trade waste, leaves, plant life or a building or structure for training or research exercises in fire protection or fire prevention, but only at a facility or training center designed for that purpose. The second is burning of items allowed under a valid DEP permit issued under N.J.A.C. 7:27-2. Under § 86-4(B), anyone burning under either exception must submit a permit to the Fire Department at least five days before the burn. The chapter defines person to include individuals, corporations, firms and partnerships, and also political subdivisions such as municipalities and counties. Section 86-5 charges the Township Bureau of Fire Prevention, the Code Enforcement Office and the Howell Township Police Department with enforcement.