New York, NY Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in New York, 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
- Code Section
- 6 NYCRR 215.2; NYC Admin. Code Section 24-149
- Trash burning
- Illegal statewide in all cases (NYSDEC)
- Leaves/yard waste
- Open burning prohibited
- Only allowed
- Barbecue grills under 10 sq ft grate; park grilling
Summary
Open burning is broadly prohibited in New York City under both state and city law. New York State regulation 6 NYCRR 215.2 bans burning any material in an open fire except for a short list of exceptions, and the NYSDEC confirms that 'Burning trash is illegal statewide in all cases.' New York City Administrative Code Section 24-149 independently prohibits open fires that emit air contaminants, allowing only narrow exceptions such as small charcoal/gas barbecue grills.
Except as allowed by section 215.3 of this Part, no person shall burn, cause, suffer, allow or permit the burning of any materials in an open fire. ... Open fire means any outdoor fire or outdoor smoke producing process from which air contaminants are emitted directly into the outdoor atmosphere. Open fires include burning in barrels or modified barrels.
Full Breakdown
' The New York State Department of Environmental Conservation explains that prohibited open burning includes 'Burning refuse, trash, tires, and other solid wastes. ' At the city level, NYC Administrative Code Section 24-149 ('Open fires prohibited; exceptions') prohibits causing or permitting open fires that emit air contaminants, with only limited exceptions - notably 'outdoor residential picnic and barbecue fires in equipment with a total grate area not exceeding ten square feet,' barbecue fires in city parks where permitted, fire-brigade training, and certain tar-kettle/salamander operations. There is no allowance for burning yard waste, leaves, trash or construction debris anywhere in the five boroughs.
Violations & Fines
Open burning violations can be enforced under both NYC Administrative Code Section 24-149 (air-pollution penalties by the Department of Environmental Protection) and the FDNY Fire Code, and unlawful open burning of solid waste also violates state law 6 NYCRR Part 215 enforceable by NYSDEC. The FDNY may order any prohibited open fire extinguished.
Frequently Asked Questions
Can I burn leaves or yard waste in New York City?
Is it legal to burn trash in a barrel?
What outdoor fires are allowed at all?
Sources & Official References
Other rules in New York
How New York compares: Cities with the Strictest Outdoor Burning Rules·New York rules heatmap·Compare New York to another location·View the New York fire regulations overview
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