Delaware Open Burning Regulations Statewide

Delaware Department of Natural Resources and Environmental Control (DNREC) Regulation 1113 prohibits open burning except for narrowly defined exemptions: recreational campfires under three feet in diameter using clean wood, agricultural burning for crop production, prescribed forestry burns, and ceremonial fires. Burning leaves, brush, garbage, construction debris, or tires is prohibited statewide. Emergency burns of disease-affected vegetation require DNREC notification. The Office of the State Fire Marshal also requires permits for many open-air fires under 16 Del. C. Chapter 66. Local fire authorities may impose additional bans during dry conditions but cannot authorize burning the state regulation prohibits.

Violations of DNREC's open burning regulation may result in civil penalties up to $10,000 per day under 7 Del. C. Section 6005, plus potential criminal liability for fires causing damage or endangering public health.