Skip to main content
CityRuleLookup

New Jersey Statewide Rule

New Jersey Open Burning Restrictions Apply Statewide

Heavy RestrictionsApplies statewide across New Jersey (2026)

Key Facts

Leaf Burning
Prohibited statewide
Permit Issuer
NJ Forest Fire Service
Recreational Fires
Allowed if small
Base Fine
$500 per day minimum
Last verified: September 5, 2026Source: Justia Law

Summary

New Jersey's Air Pollution Control Act prohibits open burning of refuse, leaves, and most yard waste statewide, with narrow permitted categories overseen by NJDEP and the Forest Fire Service.

In any district for which firewardens have been appointed under the provisions of this chapter, no person shall set fire to or cause to be set on fire in any manner whatsoever; or to start fires anywhere and permit them to spread to forests, thereby causing damage to or threat to life or property, either accidentally or otherwise, directly or indirectly, in person or by agent, or cause to be burned waste, fallows, stumps, logs, brush, dry grass, fallen timber or any property, material, or vegetation being grown thereon, or anything that may cause a forest fire, without first obtaining the written permission of the department. Within the designated protection area this requirement supersedes any law, rule, regulation or ordinance inconsistent therewith.

Full Breakdown

Under N.J.A.C. 7:27-2 and N.J.S.A. 26:2C-1 et seq., open burning of garbage, leaves, brush, and construction debris is prohibited throughout New Jersey. Limited exceptions exist for small recreational fires, prescribed burns by certified personnel, and agricultural burning with a permit from the New Jersey Forest Fire Service under N.J.S.A. 13:9-1. Municipalities may impose additional restrictions but cannot authorize burning that the state forbids.

Violations & Penalties

NJDEP penalties begin at $500 per day and can reach $10,000 for repeat violations; criminal charges and Forest Fire Service citations may also apply for unpermitted brush burning.

Frequently Asked Questions

Can I burn leaves in my backyard in fall?
No. New Jersey prohibits open burning of leaves and yard waste statewide; residents must compost or use municipal collection programs.
Are recreational campfires allowed?
Yes. Small recreational fires using clean wood for cooking or warmth are exempt, but they must follow Uniform Fire Code clearances and any active drought or burn bans.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.