New York, NY Fire Regulations: Outdoor Burning (2026)

Statewide, 6 NYCRR Section 215.2 provides that '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.' The New York State Department of Environmental Conservation explains that prohibited open burning includes 'Burning refuse, trash, tires, and other solid wastes. This includes burning trash or other solid wastes in a burn barrel or similar device,' 'Burning loose leaves or leaf piles,' and 'Burning pressure or chemically treated wood,' and states plainly that 'Burning trash is illegal statewide in all cases.' 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.