Tonawanda, NY Fire Regulations: Outdoor Burning (2026)

Town of Tonawanda Code § 85-3 makes it unlawful to kindle, maintain, ignite or assist in an open, unconfined fire on any street, public ground or private land anywhere in the Town outside the corporate limits of the Village of Kenmore, which enforces its own code. Chapter 85 defines an 'open, unconfined fire' under § 85-4 as any fire not contained or controlled within an approved fuel- or refuse-burning plant, equipment or device, with 'approved' meaning accepted by the Code Enforcement Officer or a nationally recognized testing agency such as Underwriters' Laboratories.

Section 85-6 separately bans burning motor vehicle bodies, parts, accessories and similar salvage or junk materials in open fires. The Code Enforcement Officer, under § 85-2, may inspect any building or premises other than the interior of one-family dwellings to determine whether a fire hazard exists and can compel the property owner to remedy it. Residents who want to burn legally outside the narrow food-preparation exception must apply to the Town Board under § 85-7 for a special permit, granted only when the burning will not create a fire hazard or inconvenience neighboring property owners.

Chapter 85 was adopted July 15, 1974, as Chapter 18 of the 1974 Town Code and amended May 21, 1984, by Local Law No. 8-1984 to set the current penalty structure.