Rhode Island Statewide Rule

Rhode Island Outdoor Burning Permits and DEM Rules

Heavy RestrictionsApplies statewide across Rhode Island (2026)

Rhode Island requires Department of Environmental Management approval for most open burning. Statewide air pollution rules under RIGL 23-28.2 prohibit burning of leaves, garbage, and construction materials.

Key Facts

Statute: RIGL 23-28.2
Agency: DEM Air Pollution Control
Banned materials: Leaves, garbage, debris
Recreational fire size: Three feet maximum
Max penalty: $25,000 per violation

Source: Rhode Island General Assembly

Full Breakdown

Under RIGL 23-28.2 and DEM Air Pollution Control Regulation No. 4, open burning is generally prohibited statewide except for narrow exceptions: small recreational fires, agricultural burning with permit, and limited brush burning by permit issued through DEM and local fire authorities. Burning of leaves, household garbage, demolition debris, treated wood, tires, and plastics is banned statewide regardless of municipality. During declared red flag or drought conditions, DEM may suspend all open burning. Recreational fires must use clean wood only, be no larger than three feet in diameter, and be supervised continuously.

Violations & Penalties

Illegal burning may result in DEM administrative penalties up to $25,000 per violation under RIGL 42-17.6, plus criminal charges and cost recovery.

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.