In September of 2009, New York State changed the LAW regarding open burning. Due to our geographic location and somewhat rural setting, this is an item of interest for many of the people we serve.

This article was written by Jon Campbell, Gannett News:

New York enacts ban on open waste burning

By Jon Campbell • Gannett
ALBANY -- The state Department of Environmental Conservation enacted a statewide ban on burning trash Wednesday, eliminating so-called burn barrels and open pits used to incinerate waste. The ban is an effort to curb the amount of toxic chemicals released into the air, including dioxin, a carcinogen. Residents were previously allowed to burn home waste only in towns and villages with a population less than 20,000.

"These regulations are long overdue," said Laura Haight, senior environmental associate for the New York Public Interest Research Group."Smoke and fumes from outdoor garbage burning contaminate our air, water and food with dioxins and other toxic chemicals that can cause breathing difficulties such as asthma attacks." Open burning is also the leading cause of wildfires in the state, the DEC said.

David Carpenter, a professor at the University at Albany Institute for Health and the Environment, said burning plastics at low temperatures causes dioxin to be released into the air and land on vegetables and grass that cows eat, allowing it to enter the human food supply."We must get dioxin out of the food supply and the only way to get dioxin out is to reduce the dioxin that is released and gets into the environment," Carpenter said.

The ban does allow for some exceptions, including the burning of tree limbs and branches from May 15 through March 15 in towns with under 20,000 people. Small campfires and barbecue grills are still allowed. Among those affected by the ban are farmers. Previously, burning was the main disposal method for agricultural plastics, such as those used to wrap hay bales, officials said.

The state has allocated money in the current budget to form a program that will collect plastics at individual farms, state Farm Bureau spokesman Peter Gregg said. The program has not launched yet, but the state has partnered with Cornell University to get it off the ground, he said. Until then, Gregg said he expects farmers will simply hold on to their plastics at their farms.

Click here to read the full regulation.

The following Frequently Asked Questions (FAQs) address common questions regarding this issue. If you require additional information, please contact us!

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.
• In towns with a total population less than 20,000, you may burn tree limbs with attached leaves. The limbs must be less than 6 inches in diameter and 8 feet in length. However, this is not 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 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, plastics or other non-organic material is 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.

13. Are permits for open fires still required in some parts of the state?

Yes. While a permit is not required under this regulation, the Environmental Conservation Law (ECL) still requires that a permit be obtained from the Department if you plan to burn brush under the exception and you live in a town which is totally or partially located within the boundaries of the Adirondack and Catskill Parks which is designated as a "Fire Town" under the ECL. In addition, any local requirements or restrictions would apply.

14. Can a town prohibit open burning that the state allows?

Yes, towns, villages, cities and counties can pass ordinances that are stricter than, and not inconsistent with, the open fires regulations. You should check with local authorities to find out if local law requires a permit or prohibits open fires.

15. Can explosives, or other dangerous contraband, be burned?

Yes, on an emergency basis by police or other public safety organizations only.