Rhode Island Statewide Rule

Rhode Island Outdoor Burning Permits and DEM Rules

Heavy RestrictionsApplies statewide across Rhode Island (2026)

Rhode Island generally prohibits open burning under the Air Pollution Control Act (R.I. Gen. Laws Chapter 23-23) and DEM Air Pollution Control Regulation No. 4. Burning leaves, garbage, and construction debris is banned statewide.

Key Facts

Statute: Chapter 23-23 (Section 23-23-18)
Agency: DEM Air Pollution Control
Banned materials: Leaves, garbage, debris
Recreational fire size: Three feet maximum
Regulation: Air Pollution Control Reg. No. 4

Source: Rhode Island General Assembly

Full Breakdown

Under R.I. Gen. Laws Chapter 23-23 (Air Pollution Control Act), Section 23-23-18, and DEM Air Pollution Control Regulation No. 4 (250-RICR-120-05-4), open burning is generally prohibited statewide except for narrow cases: small recreational fires, and agricultural or brush burning by permit through DEM and local fire authorities. Burning leaves, household garbage, demolition debris, treated wood, tires, and plastics is banned regardless of municipality. During red-flag or drought conditions, DEM may suspend all open burning. Recreational fires must use clean wood, stay under three feet in diameter, and be supervised continuously.

Violations & Penalties

Illegal burning may bring DEM administrative penalties, criminal charges, and cost recovery; environmental penalties are assessed under R.I. Gen. Laws Chapter 42-17.6.

Frequently Asked Questions

Can I burn fall leaves in my yard?

No. Rhode Island prohibits open burning of leaves statewide under DEM Air Regulation 4. Leaves must be composted or collected through municipal yard waste programs.

Do I need a permit for a backyard fire pit?

Recreational fires under three feet using clean wood typically do not require a permit, but local fire departments may impose additional conditions or temporary bans during dry weather.

Sources

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Full Breakdown

Frequently Asked Questions

Can I burn fall leaves in my yard?

No. Rhode Island prohibits open burning of leaves statewide under DEM Air Regulation 4. Leaves must be composted or collected through municipal yard waste programs.

Do I need a permit for a backyard fire pit?

Recreational fires under three feet using clean wood typically do not require a permit, but local fire departments may impose additional conditions or temporary bans during dry weather.