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West Haven, CT Fire Regulations: Outdoor Burning (2026)

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

Outdoor burning rules in West Haven, CT, 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

Permission authority
Director of Air Pollution Control
First offense
Fine of not more than $100
Later offenses
Not more than $200 or imprisonment
Smoke limit
Nothing equal to or darker than Ringelmann No. Two
Appeal window
10 days to the Pollution Control Commission
Appeal deposit
$25, returned if the Director is reversed

Summary

No one in the City of West Haven, Connecticut can burn garbage, refuse, rubbish or other material in an open fire except at places and under conditions the Director of Air Pollution Control prescribes. A first offense carries a fine of up to $100, and each day of violation counts separately.

§ 67-11. Burning of certain materials in the open. No person shall burn any garbage, refuse, rubbish or other material in an open fire within the city except at such places and under such conditions and subject to such safeguards as to air pollution and fire as may from time to time be prescribed by the Director. To the extent that it shall not be possible to dispose of any material or substance by incineration and no other means of disposal is reasonably possible except by burning in the open, the Director shall be privileged to permit the burning in the open of such material or substance, notwithstanding the provision of this chapter, under such conditions and subject to such safeguards as to air pollution and fire as shall be prescribed by him.

Full Breakdown

Section 67-11 of the West Haven Code bars open burning in the City of West Haven, Connecticut, unless the Director of Air Pollution Control has set the place, conditions and safeguards. Chapter 67 comes from Ord. No. 93, adopted by the City Council on 11-25-1968. Section 67-2 defines the Director as the Director of Air Pollution Control and an open fire as any fire whose products of combustion are emitted into the open air without passing through a stack or chimney. Open air means all space outside of buildings, stacks or exterior ducts.

The ordinance targets burning of garbage, refuse, rubbish or other material. It gives the Director one discretionary route: where a material cannot be disposed of by incineration and no other means of disposal is reasonably possible, the Director can permit burning in the open under the air pollution and fire safeguards he prescribes.

Other sections of Chapter 67 apply to any open fire. Under § 67-6, no open fire can emit smoke equal to or darker than No. Two of the Ringelmann Chart, with narrow exceptions such as smoke no darker than No. Two for periods aggregating three minutes in any period of 15 minutes. Section 67-8 bars fumes, vapors, odors and noxious gases in such quantity or manner as to be detrimental to any person or to endanger the health, comfort and safety of the public.

Enforcement runs through the Bureau of Air Pollution Control. Under § 67-16, no one can refuse Bureau personnel entrance to premises at reasonable hours, and the Director of Air Pollution Control can seek a search warrant on an affidavit stating probable cause. Under § 67-17, every owner, operator, tenant or other person who causes, permits or participates in a violation is individually and collectively liable.

A person refused a permit or aggrieved by an order appeals to the Pollution Control Commission in writing within 10 days after the notice is mailed (§ 67-19). The appeal carries a $25 deposit and stays the decision while it is pending. Chapter 170 separately requires written permission from the Department of Parks and Recreation for fires in city parks and on beaches.

Violations & Fines

Section 67-20 sets a fine of not more than $100 for a first offense and not more than $200 or imprisonment for each succeeding offense. Each day of violation is a separate offense. Under § 67-17, owners, tenants, managers, operators and anyone who participates in the violation share liability for the penalties. Section 67-10 separately bars tampering with or removing a seal the Director has placed on equipment.

Frequently Asked Questions

Who decides whether open burning is allowed in West Haven?
The Director of Air Pollution Control. Section 67-11 bars burning garbage, refuse, rubbish or other material in an open fire except at places, under conditions and with safeguards for air pollution and fire that the Director prescribes from time to time. There is no other office named in the section that can grant permission.
What if a material cannot be disposed of any other way?
Section 67-11 gives the Director discretion in that case. Where incineration is not possible and no other means of disposal is reasonably possible except burning in the open, he can permit the burning notwithstanding the rest of Chapter 67, under conditions and safeguards for air pollution and fire that he sets.
What is the penalty for burning without permission?
Under § 67-20, the fine is not more than $100 for a first offense. For each succeeding offense the penalty is a fine of not more than $200 or imprisonment. Each day that the violation continues is a separate offense, so repeated days of burning are counted one by one.
How does someone appeal a refusal or order from the Director?
Section 67-19 requires a written appeal to the Pollution Control Commission within 10 days after the notice of refusal, decision, order or ruling is mailed, with a $25 deposit. The hearing is set not less than 10 days nor more than 30 days after filing, and the appeal stays the Director's decision.

Sources & Official References

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