North Dakota Statewide Rule

North Dakota Open Burning and Burn Ban Authority

Heavy RestrictionsApplies statewide across North Dakota (2026)

Key Facts

Statute: NDCC 18-08, 23.1-06
Burn-ban authority: Governor and counties
Air rules: NDAC 33.1-15-04
Prohibited materials: Garbage, plastics, tires
Penalty cap: $10,000/day

Last verified: September 5, 2026Source: North Dakota Legislative Branch

Summary

North Dakota Century Code Chapter 18-08 grants the Governor and county commissioners authority to declare burn bans during periods of high fire danger, and these declarations preempt local permissive rules. The state also regulates open burning of waste through Department of Environmental Quality air-quality rules.

37-17.1-10.1. Burn restrictions - Penalty. An order or proclamation under section 37-17.1-10 which includes a restriction on open burning may provide for a penalty for a violation of the restriction through a citation, a criminal complaint, or an information through the district court in the county in which the offense occurred. An individual who willfully violates a burning restriction established by a local order or proclamation under this section is guilty of a class B misdemeanor.

Source: North Dakota Legislative BranchView official code

Full Breakdown

Under NDCC 18-08, county commissioners may prohibit open fires county-wide when the fire danger index reaches extreme levels, and the Governor may issue emergency burn bans applicable across the state. These declarations override any local ordinance that would otherwise allow burning. Separately, NDCC 23.1-06 and Department of Environmental Quality rules in NDAC Article 33.1-15-04 prohibit open burning of garbage, oily waste, treated wood, plastics, and similar materials statewide regardless of municipal permission. Agricultural and silvicultural burns retain limited statutory exemptions.

Violations & Penalties

Burning during a declared ban or burning prohibited materials is an infraction, with potential cost recovery for fire suppression and civil penalties up to $10,000 per day for air-quality violations.

Frequently Asked Questions

Does a city permit override a county burn ban?

No. When a county or the Governor declares a burn ban under NDCC 18-08, that declaration preempts any local burn permits. Permits are suspended for the duration of the ban.

Can I burn household trash in North Dakota?

No. State air-quality rules prohibit open burning of garbage, plastics, treated wood, and oily waste anywhere in North Dakota, regardless of whether a city allows other types of yard burning.

Sources

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