New York Statewide Rule
New York Requires DEC Permits for Open Fires in Fire Towns
Key Facts
- Governing statute
- ECL Section 9-1105
- Permit issuer
- NYS DEC
- Applies in
- Designated fire towns
- Wilful fire-setting
- Felony (Sec. 71-0703)
- Max criminal fine
- $250 plus jail
Summary
New York's Environmental Conservation Law Section 9-1105 makes it unlawful to set any open fire burning brush, leaves, grass, or debris in a designated fire town without a written permit from the Department of Environmental Conservation. Wilfully setting fire in violation is a felony.
It shall be unlawful to set or cause to be set or sustain any open fire for purpose of burning logs, leaves, sawdust, slabs, brush, stumps, dry grass or other debris, in any of the fire towns, without first having obtained from the department a written permit so to do.
Full Breakdown
Under ECL Section 9-1105(5), it is unlawful to set, cause to be set, or sustain any open fire for burning logs, leaves, sawdust, slabs, brush, stumps, dry grass, or other debris in any of the state's fire towns without first obtaining a written permit from the Department of Environmental Conservation. The DEC runs forest fire control statewide under Article 9, Title 11. Anyone who wilfully sets fire in violation of subdivision 1 is guilty of a felony under ECL Section 71-0703. Other Article 9 violations carry a fine of up to $250, up to fifteen days in jail, plus a civil penalty of $10 to $100.
Violations & Penalties
Open burning in a fire town without a DEC permit is an Article 9 violation punishable by a fine up to $250, up to fifteen days imprisonment, and a $10 to $100 civil penalty; wilful fire-setting is charged as a felony.
Frequently Asked Questions
Do I need a permit to burn brush outdoors in New York?
What is the penalty for illegally setting a fire?
Sources
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