Questions and Answers Regarding New Open Burning Regulations Effective October 14, 2009

1. Do the new regulations on open burning make burning household trash in burn barrels or piles illegal?

Yes. Burning trash is now prohibited statewide in all cases. DEC recommends that you recycle all appropriate materials (such as newspaper, paper, glass and plastic) and compost your organic kitchen and garden waste.

2. What are the new regulations on open burning in New York State?

Effective on October 14, 2009, all open burning is prohibited in New York with several exceptions including the following:

	Campfires less than 3 feet in height and 4 feet in length, width or diameter are allowed.
	Small cooking fires are allowed.
	Fires cannot be left unattended and must be fully extinguished.
	Only charcoal or clean, dry, untreated or unpainted wood can be burned.
	Ceremonial or celebratory bonfires are allowed.
	You may burn tree limbs with attached leaves. The limbs must be less than 6 inches in diameter and 8 feet in length.

However, there is no open burning of any kind allowed from

March 16 through May 14 due to the increased risk of wildfires.

See Section 215.3 for a full list of exceptions.

3. Why has the DEC changed the regulations allowing open burning in New York State?

Open burning of household trash releases dangerous compounds including arsenic, carbon monoxide, benzene, styrene, formaldehyde, lead, hydrogen cyanide and dioxin, among others. Open burning is also the single greatest cause of wildfires in New York.

4. Can I burn leaves if I live in a rural area?

No, burning leaves is banned in New York State. We encourage you to compost leaves.

5. Your rule says firewood must be untreated, some firewood is heat-treated, is that allowed?

Some firewood is heat treated (kiln dried) to control invasive insect species if it is to be transported over 50 miles. Heat treated firewood is not intended to be prohibited. However, the burning of chemically treated wood such as pressure-treated lumber and plywood is prohibited.

6. Are open fires allowed to control invasive plant and insect species?

Yes. Case-by-case DEC approval is not required.

7. Can agricultural wastes be burned?

Yes, organic agricultural wastes may be burned on-site where they are grown or generated including brush and wood produced by clearing fields and other activities. The fire must be located on contiguous agricultural land larger than 5 acres, and the materials capable of being fully burned within 24 hours.

The burning of pesticides, any plastics or other non-organic material is strictly prohibited.

8. Can I burn liquid petroleum fueled smudge pots to prevent frost damage to crops?

Yes. However, burning tires and other wastes for smudge is not allowed.

9. Can prescribed burns be performed?

Yes. Prescribed burns, the burning of forest land to achieve a vegetative or wildlife management goal, can be performed but only in accordance with DEC regulations. Check with your regional DEC office.

10. Are fire training burning activities allowed?

Yes, with some restrictions on the use of acquired structures and in accordance with guidance from NYS Dept. of State's Office of Fire Prevention and Control. The Fire Services Bureau may be reached at 518-474-6746.

11. Are individual open fires to control plant and animal disease outbreaks allowed?

Yes, as approved case-by-case by DEC, upon the request by the Commissioner of Agriculture and Markets.

12. Can I dispose of a flag or religious item in an open fire?

Yes, in a small-sized fire if it is not otherwise prohibited by law or regulation.

Where should I call to report an illegal open fire?

To report environmental law violations call 1-800-TIPP DEC (1-800-847-7332) or if necessary, the Gallupville Fire Department