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Southampton, NY Fire Regulations: Outdoor Burning (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Outdoor burning rules in Southampton, 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

Permit issuer
Fire Marshal
Exempt fires
barbecue pit, small cooking fires
First offense fine
up to $250
Third offense fine
up to $1,000
Appeal deadline
15 days to Town Board

Summary

In the Town of Southampton outside the villages, any fire kindled outdoors beyond a small cooking fire counts as a "bonfire" and needs a Fire Marshal permit under Town Code § 164-5A(1), part of the Chapter 164 fire-prevention permit system enforced by the Department of Fire Prevention.

A. A permit must be obtained from the Fire Marshal to conduct any of the following operations or to store, handle or use materials that are considered to present an extra or unusual fire hazard to life or property, as follows: (1) Bonfires. All fires conducted outside of a building, except fires kindled for the instruction of personnel in the methods of fighting fires or small fires kindled in or upon the ground or in a barbecue pit, exterior fireplace, cookout device or other similar out-of-doors eating or cooking device.

Full Breakdown

Chapter 164 folds the Town's open-burning rules into its general fire-prevention permit system. Section 164-2A has the Town Board adopt the New York State Uniform Fire Prevention and Building Code and layer on a local permit system "modeled on NFPA 1, 2 and 3" for activities the State Code leaves to local administration. Section 164-5A requires a permit "obtained from the Fire Marshal to conduct any of the following operations or to store, handle or use materials that are considered to present an extra or unusual fire hazard," and subsection (1) defines "Bonfires" as "all fires conducted outside of a building" other than instructional firefighting fires or small cooking fires.

Anything bigger, a beach bonfire, a brush pile, a ceremonial fire, needs a Fire Marshal permit before it is lit. Applications go to the Fire Marshal on Town forms with fees set by Town Board resolution (§ 164-5F, § 164-5O); permits are nontransferable, tied to one location and one permittee, and can be extended only for good cause shown (§ 164-5B, § 164-5C). The Chief Fire Marshal, a Town Board appointee who must be a Town resident with at least 10 years' firefighting service, or any Fire Marshal, enforces the requirement and may summarily abate a fire that presents an immediate hazard (§ 164-4B, § 164-4H). A denial or revocation may be appealed to the Town Board within 15 days under § 164-5N(1).

Violations & Fines

Section 164-6.5 sets Chapter 164's general penalty for burning without the required permit: a first violation carries a fine up to $250, a second offense up to $500, and a third or later offense up to $1,000, or imprisonment up to 15 days, or both, with each day of noncompliance charged as a separate offense.

Frequently Asked Questions

Do I need a permit to have a bonfire in Southampton?
Yes, unless it qualifies as a small exempt fire. Section 164-5A(1) defines "Bonfires" as "all fires conducted outside of a building," excluding only fires set to train firefighters or "small fires kindled in or upon the ground or in a barbecue pit, exterior fireplace, cookout device or other similar out-of-doors eating or cooking device," and requires a Fire Marshal permit for everything else.
Who issues a Southampton bonfire permit and what does it cost?
The Fire Marshal issues it on a Town application form, per § 164-5F, and the fee is set periodically by Town Board resolution under § 164-5O; fees are not refunded if the application is denied.
What happens if I burn without a permit?
It is unlawful under § 164-6.5A. A first violation is punishable by a fine of up to $250, a second by up to $500, and a third or later violation by up to $1,000 or up to 15 days in jail, or both, with each day of an ongoing violation treated as a separate offense.

Sources & Official References

Other rules in Southampton

All Southampton rules

How Southampton compares: Cities with the Strictest Outdoor Burning Rules·New York rules heatmap·Compare Southampton to another location·View the New York fire regulations overview

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Outdoor Burning in Nearby Cities

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