North Hempstead, NY Fire Regulations: Outdoor Burning (2026)

" Section 22-3 makes it unlawful to light, permit or maintain an open fire in or upon any street, road, highway, sidewalk or public place for any purpose, no exceptions. Section 22-4 layers on a location rule even where an open fire might otherwise be tolerated: it cannot be within 25 feet of any building or structure, or within 10 feet of a property line, on private property. Section 22-5, amended in 1966, requires that any open fire allowed under the chapter be continuously attended by an adult and contained in a metal receptacle designed to stop burning particles from escaping into the air.

Section 22-15 separately and unconditionally bans burning leaves, grass, weeds or other vegetation anywhere in the town, and Section 22-17 bars burning rubber goods, mattresses, paper goods, rubbish, vegetation or any other material in a way that pollutes the surrounding air with smoke. Protected fires (contained in a stove, furnace or incinerator) are addressed separately in Article IV: outdoor use is prohibited except where the device meets sizing rules (no larger than 2 feet wide and 5 feet tall, cast iron, twelve-gauge steel or fire brick, spark arrestor with openings no larger than 3/4 inch) and sits on 10 feet of gravel, cinders, cement or similar noncombustible surface on each side.

Section 22-18 excludes barbecue pits and fireplaces used for outdoor cooking, and lets the local fire department approve a nonrecurring fire, or a recurring business fire also cleared by the Nassau County Department of Health as not injurious to public health. This chapter applies only in the unincorporated areas of the Town of North Hempstead outside its roughly thirty incorporated villages; a village address is governed by that village's own code, not this one.