Smithtown, NY Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Smithtown, 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
- Public property fires
- Banned in parks, beaches, streets, roads
- Private property fires
- Bonfires and rubbish fires banned Town-wide
- Exception
- Normal backyard barbecues only
- Land-clearing burns
- Prohibited anywhere in Smithtown
- First offense penalty
- Up to $2,500 fine or 60 days
- Repeat offense penalty
- Up to $5,000 fine or 90 days
- Cleared vegetation removal
- Must reach a landfill within 30 days
Summary
Smithtown Code § 164-38 bans kindling or maintaining any bonfire or rubbish fire on public property such as parks, beaches, streets and roads, and separately bans the same conduct on private property Town-wide. The only exception is a normal backyard barbecue. Burning debris from land-clearing operations is also prohibited, and the Fire Prevention Division enforces the ban with fines running into the thousands of dollars.
A. No person shall kindle or maintain any bonfire or rubbish fire or authorize such fire to be kindled or maintained in or on any public property, park, beach, street, alley or road. B. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any privately owned property. C. During the construction or demolition of any building or structure, no waste material or rubbish shall be disposed of by burning. D. This section shall not apply to normal backyard barbecues.
Full Breakdown
Smithtown Code § 164-38, in the Fire Prevention chapter's Article IV on General Precautions Against Fire, prohibits anyone from kindling or maintaining a bonfire or rubbish fire, or authorizing one to be kindled or maintained, on public property, naming parks, beaches, streets, alleys and roads (Subsection A). Subsection B repeats the same prohibition for privately owned property anywhere in the Town, closing off the assumption that backyard burning is allowed just because the land is private. Subsection C bars burning waste material or rubbish generated during the construction or demolition of any building or structure.
The law's only carve-out is Subsection D: it does not apply to normal backyard barbecues, so a charcoal or propane grill is legal while an open debris fire is not. The same section reaches land-clearing work: Subsection E bans burning trees, underbrush, shrubs or other debris from any land-clearing operation anywhere in Smithtown, Subsection F requires uprooted vegetation to be hauled to a Town dump or other legal landfill within 30 days after the clearing work is finished, and Subsection G requires that any land clearing be done only under a tree-clearing and land-preservation permit issued under Chapter 285, Trees. The Fire Prevention Division and the Fire Marshal administer Chapter 164 and investigate reported burns.
Violations & Fines
Under § 164-167A, a first violation of Chapter 164, including the open-burning ban, is punishable by a fine of up to $2,500 or up to 60 days in jail, or both. A second or subsequent offense carries a fine of up to $5,000 or up to 90 days in jail, or both, and each day a violation continues is a separate offense. The Town Attorney can also sue to enjoin an ongoing burn.
Frequently Asked Questions
Can I burn leaves or yard waste in my backyard in Smithtown?
Are beach bonfires allowed in Smithtown?
What must I do with debris from clearing land?
What are the penalties for illegal open burning in Smithtown?
Sources & Official References
Other rules in Smithtown
How Smithtown compares: Cities with the Strictest Outdoor Burning Rules·New York rules heatmap·Compare Smithtown to another location·View the New York fire regulations overview
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Outdoor Burning in Nearby Cities
How other cities in Suffolk County handle outdoor burning.