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Toledo, OH Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in Toledo, OH, 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

Governing section
Toledo Muni. Code § 1777.02
Standard adopted
OAC Chapter 3745-19 by reference
Penalty section
Toledo Muni. Code § 1775.99
Maximum fine
$25,000 per violation, per day
Criminal classification
First-degree misdemeanor
Enforcing agency
Division of Environmental Services
Enacted by
Ordinance 525-07, passed 8-7-07

Summary

Toledo's Municipal Code flatly prohibits open burning by adopting the entire Ohio Administrative Code Chapter 3745-19 Open Burning Standards by reference. Violators face a first-degree misdemeanor and fines up to $25,000 per day, enforced by the Division of Environmental Services.

1777.02. Open burning prohibited. There is hereby adopted and incorporated by reference as if set out at length herein for the purpose of prescribing regulations governing conditions related to air pollution that certain code known as Ohio Administrative Code Chapter 3745-19 Open Burning Standards. (Ord. 525-07. Passed 8-7-07.)

1775.99(a) Any person or organization... that violates any of the standards, limits, reporting or other requirements contained in Chapter 1773, 1775, 1777 (excluding section 1777.03)... shall be guilty of a misdemeanor of the first degree or shall be fined not more than twenty-five thousand dollars ($25,000) for each violation, or both. (b) Each day of violation shall constitute a separate offense.

Source: Ohio EPA Open Burning ProgramView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-105: Complete to June 30, 2026).

Full Breakdown

02, "Open burning prohibited," does not spell out its own burning standards, instead it adopts and incorporates by reference "as if set out at length herein" the Ohio Administrative Code Chapter 3745-19 Open Burning Standards, making the state's open-burning restrictions directly enforceable as city law. The section sits in Chapter 1777, Environmental Standards, within Title Five (Pollution Control) of the code, and was enacted by Ordinance 525-07, passed August 7, 2007. 03, the noise section). Anyone who violates the standards, limits, reporting, or other requirements of those chapters, including the open-burning adoption clause, "shall be guilty of a misdemeanor of the first degree or shall be fined not more than twenty-five thousand dollars ($25,000) for each violation, or both," and each day of a continuing violation counts as a separate offense.

In assessing a civil penalty the code directs consideration of the economic benefit the violator gained by delaying compliance, the degree of environmental harm, the violator's recalcitrance, any good-faith remedial efforts, and how long the violation lasted. The City may also recover its actual investigation, remediation, and litigation costs, and may pursue any other legal or equitable abatement action; all penalties and fines collected are credited to the Division of Environmental Services, the division that administers Title Five.

Violations & Fines

A violation of the open-burning prohibition is a first-degree misdemeanor punishable by up to $25,000 per violation, and each day the burning continues is a separate offense under § 1775.99. The Division of Environmental Services can also recover its costs of investigating and pursuing the case and may seek civil or injunctive relief to abate the burning independent of the criminal penalty.

Frequently Asked Questions

Is open burning illegal in Toledo?
Yes. Toledo Municipal Code § 1777.02 adopts the Ohio Administrative Code's Chapter 3745-19 Open Burning Standards by reference, making the state's open-burning restrictions enforceable as city law rather than writing separate local rules.
What happens if someone violates Toledo's open-burning rule?
Under § 1775.99, a violation is a first-degree misdemeanor punishable by a fine of up to $25,000, and each day the burning continues counts as a separate offense, so a multi-day violation can carry stacked fines.
Which city department enforces the open-burning ban in Toledo?
The Division of Environmental Services enforces Chapter 1777's pollution-control provisions, including § 1777.02, and any penalties or fines collected under the chapter are credited back to that division.
Does Toledo have its own list of what open burning covers?
No, rather than defining burning categories itself, § 1777.02 incorporates the state's Ohio Administrative Code Chapter 3745-19 Open Burning Standards wholesale, so the substantive definitions and exceptions live in the state rule Toledo has adopted.

Sources & Official References

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