Rhode Island Statewide Rule
Rhode Island Outdoor Burning Permits and DEM Rules
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
Summary
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.
The director may, by rule or regulation, prohibit the burning of any material in an open fire by any person on premises operated as a public or semi-public refuse disposal facility or at other central refuse disposal sites. The director may also prohibit the burning of any material in an open fire by any person in connection with any salvage, industrial, commercial, or institutional operation.
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?
Do I need a permit for a backyard fire pit?
Sources
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