Colorado Statewide Rule

Colorado Open Burning Air Quality Permit Requirements

Heavy RestrictionsApplies statewide across Colorado (2026)

Key Facts

Statute: CRS 25-7-123
Permit authority: CDPHE or local APCD
Trash burning: Banned statewide
Max civil penalty: $15,000 per day

Last verified: September 5, 2026Source: C.R.S. 25-7-123 - Open burning - penalties

Summary

Colorado requires permits for most open burning under CRS 25-7-123 and Air Quality Control Commission Regulation 9, with universal restrictions during high pollution advisories statewide.

(2) (a) Within such designated portions of the state, no person shall burn or permit to be burned on any open premises owned or controlled by such person, or on any public street, alley, or other land adjacent to such premises any rubbish, wastepaper, wood, or other flammable material, unless a permit therefor has first been obtained from the division. In granting or denying the issuance of any such permit, the division shall base its action on the location and proximity of such burning to any building or other structure, the potential contribution of such burning to air pollution in the area, climatic conditions on the day of such burning, and compliance by the applicant for the permit with applicable fire protection and safety requirements of the local authority or area.

Source: C.R.S. 25-7-123 - Open burning - penaltiesView official code

Full Breakdown

Under CRS 25-7-123 and AQCC Regulation 9, open burning of vegetation, slash, or debris generally requires a permit from the local air pollution control authority or the Colorado Department of Public Health and Environment. Burning of trash, tires, treated wood, and construction debris is prohibited statewide. The state issues mandatory burn bans during ozone action days and high pollution advisories that override local permits. Counties and fire protection districts add their own seasonal restrictions but cannot waive state air quality requirements.

Violations & Penalties

Violations of CRS 25-7-123 carry civil penalties up to $15,000 per day and possible criminal charges for willful violations under CRS 25-7-122.

Frequently Asked Questions

Can I burn household trash in Colorado?

No. Open burning of household trash, tires, plastics, and treated lumber is prohibited statewide under AQCC Regulation 9, regardless of property size or location.

Do Colorado outdoor burning permits override during ozone alerts?

No. The state Air Pollution Control Division can suspend all open burning during ozone action days or high pollution advisories, voiding local permits during the alert period.

Sources

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