03/09/2026
While it may seem wet and safe to burn, there are many circumstances where it is not and actually a danger.
Here is a link directly to NYS DEC concerning the ban, with some excerpts below : https://dec.ny.gov/environmental-protection/air-quality/open-burning
FROM THE DEC WEBSITE
WHAT CAN I BURN?
The following types of open fires are allowed in NYS. All fires must consist of only charcoal or dry, clean, untreated, and unpainted wood.
The burning of brush is prohibited from March 16 through May 14 due to the increased risk of wildfires.
Campfires, small cooking fires, or any other outdoor fire less than 3 feet in height and 4 feet in length, width, or diameter. Information on building a safe campfire can be found below.
Ceremonial or celebratory bonfires, including the disposal of flags or religious items if it is not otherwise prohibited by law or regulation.
For most of the year, downed tree limbs and branches (also called brush) that are less than 6 inches in diameter and 8 feet in length, including branches with attached leaves, are allowed to be burned on-site in towns with total population less than 20,000 residents.
Open fires to control the spread of invasive species are allowed with case-by-case approval from DEC. Approval can be obtained from DEC regional offices.
Open fires on agricultural lands, as discussed below.
Prescribed burns, such as 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.
WHAT IS PROHIBITED?
Burning refuse, trash, tires, and other solid wastes. This includes burning trash or other solid wastes in a burn barrel or similar device.
Burning loose leaves or leaf piles.
Burning pressure or chemically treated wood, painted or stained wood, or composite wood such as plywood and particle board. Firewood that has been heat treated or kiln dried is allowed to be burned.
The practice of burning large piles of brush collected from local residents at town or county transfer sites. The individual landowners in small towns may burn their brush on-site, as discussed above. Downed limbs and branches generated at a transfer site are also allowed to be burned on-site with the same restrictions.
BURNING ON AGRICULTURAL LANDS
Open fires are allowed on contiguous agricultural land larger than 5 acres that is actively devoted to agricultural or horticultural activities. Open fires on agricultural land are not subject to the annual brush burning ban. The following restrictions apply to open fires on agricultural land:
Only 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 materials must be capable of being fully burned within 24 hours.
Burning of pesticides, plastics, trash, or other non-organic material is prohibited.
Burning tires and other wastes for smudge is prohibited.
The use of liquid petroleum fueled smudge pots to prevent frost damage to crops is allowed.
Individual open fires to control plant and animal disease outbreaks are allowed as approved on a case-by-case basis by DEC, upon the request by the Commissioner of Agriculture and Markets.
