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Oregon Statewide Rule

Oregon Outdoor Burning Rules and DEQ Statewide Restrictions

Heavy RestrictionsApplies statewide across Oregon (2026)

Key Facts

Lead Agency
Oregon DEQ and ODF
Always Banned
Garbage, plastics, treated wood
Max Civil Penalty
$25,000 per day
Fire Season Authority
ORS 477.515
Rule Citation
OAR 340-264
Last verified: August 20, 2026Source: Oregon Public Law

Summary

Oregon DEQ and Department of Forestry jointly regulate outdoor burning statewide, prohibiting open burning of garbage, plastics, and treated wood. Burn bans and seasonal restrictions are uniformly enforced through state agencies.

Permits required for fires on forestlands; waiver; permit conditions; cooperative agreements for permit administration; rules. (1) It is unlawful to set or cause to be set an open fire inside or within one-eighth of one mile of a forest protection district, either on one’s own land or on the land of another, without first securing a written permit for burning from the forester and complying with the conditions of the permit. In granting permits for burning: (a) The forester may waive the requirement that permits be secured prior to burning, except during a fire season or when required under rules adopted pursuant to subsection (4) of this section. (b) The forester shall prescribe conditions necessary to be observed in setting a fire and preventing it from spreading out of control. (c) The forester may prescribe conditions necessary to be observed in maintaining air quality. (2) Any permit obtained through willful misrepresentation is void. (3) To avoid confusion or duplication of administration and to promote government efficiency, the forester may enter into a cooperative agreement with a county, a city or a rural fire protection district that: (a) Allows the forester to administer the requirements of this section, in conjunction with the enforcement authority of ORS 477.980 to 477.993, on lands not otherwise subject to the requirements of this chapter;

Source: Oregon Public LawView official code

Full Breakdown

Under ORS 468A.555 to 468A.620 and OAR 340-264, the Oregon Department of Environmental Quality regulates open burning statewide. Backyard burning of garbage, tires, plastics, asbestos, treated or painted wood, and petroleum products is prohibited everywhere in Oregon. Permitted burning is limited to dry yard debris in designated areas. The Oregon Department of Forestry imposes seasonal burn bans during fire season under ORS 477.515 within forest protection districts. Many Willamette Valley counties prohibit residential backyard burning entirely under DEQ rule. Both agencies retain enforcement authority statewide regardless of municipal boundaries.

Violations & Penalties

Illegal open burning is a Class A violation under ORS 468.140 with civil penalties up to $25,000 per day. Burning during a declared fire-season ban can constitute a Class B misdemeanor under ORS 477.515.

Frequently Asked Questions

Can I burn household garbage in my backyard in Oregon?
No. ORS 468A.555 and OAR 340-264 prohibit burning garbage, plastics, tires, treated wood, and petroleum products anywhere in Oregon, regardless of city or county location.
How do I know if a burn ban is in effect?
Oregon Department of Forestry announces fire-season burn bans for forest protection districts. Check ODF's regional offices or DEQ's burn information line before any outdoor burning.
Are recreational campfires the same as outdoor burning?
No. Small recreational fires for cooking or warmth are typically exempt, but they are still subject to ODF fire-season prohibitions and any Public Use Restrictions on state lands.

Sources

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