North Dakota Open Burning and Burn Ban Authority

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.

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.