Open Burning in New York: What to Know

Wildfires that blackened millions of acres across the United States last year were not sparked by lightning or power lines. In most cases, they were sparked by people.

More than 8.9 million acres were destroyed by wildfires nationwide in 2024, according to the most recent federal data. California topped the list with more than 1.8 million acres burned; New York ranked mid-range, with 6,495 acres scorched. Researchers say human-caused climate change has contributed to longer and more intense fire seasons, while human activity — including open burning — remains the leading source of wildfire ignitions.

Open burning — an outdoor fire not vented through a chimney — is the single greatest cause of wildfires in the United States. In New York, campfires and burning debris accounted for nearly 55% of all wildfires, with power line events a distant second at 13%.

But wildfires are not the only dangerous consequence of open flames: Smoke produced from burning trash or yard waste contains pollutants harmful to the environment and to our health — an equally important reason for New York’s open fire laws.

Burning trash is illegal statewide year-round, which includes incineration in burn barrels (repurposed 55-gallon steel drums), wood stoves, and fireplaces. Trash fires in burn barrels are especially notorious polluters: They tend to smolder, which yields high amounts of toxic smoke and soot. The NYS Department of Health reports that burning 10 pounds of household waste daily can produce as much air pollution as a modern incinerator burning 400,000 pounds of garbage.

Trash often contains plastics, pressure-treated wood, colored paper, and polystyrene (like foam cups). When incinerated, the resulting ash and smoke harbor heavy metals like arsenic, gases like formaldehyde, and persistent organic pollutants — forever chemicals like polychlorinated biphenyls (PCBs) and dioxin. These toxic substances are deposited in soil and tracked indoors as dust; they cover the garden produce we eat, and can enter the eggs, milk, or meat of farm animals. Chronic exposure to these poisons has been linked to increased risks of breast and lung cancers, leukemia, respiratory ailments, and heart disease.

Burning leaves is a health hazard, too. It sends fine particles of soot, tar, and mold spores into the air — small enough to be inhaled into the deepest part of the lungs, which can result in emphysema and asthma. Airborne carcinogenic chemicals, such as aromatic hydrocarbons and carbon monoxide, can sicken both property owner and neighbor alike.

Of the 56 wildfires recorded in Dutchess County between 2008 and 2024, 19 were due to debris burning, according to Dana Ferine, assistant public information officer with the NYS Department of Environmental Conservation (NYS DEC). “Burning debris caused the Old Pawling fire in 2024 that burned 22 acres in the town of Dover,” she said in an email to the Herald. 

New York has prohibited all open burning since Oct. 14, 2009 — with some exceptions: Barbecue and charcoal grills are allowed year round, as are small campfires or ceremonial bonfires (less than 3 feet high by 4 feet wide). In all cases, only charcoal or dry, clean, untreated wood can be used.

Open fires on agricultural land are also exempted: Burning is permitted throughout the year, provided the farm is larger than five acres, and only naturally-grown products that self-extinguish within 24 hours are burned.

Town Supervisor and Fire Chief Brian Walsh said that Pine Plains averages five to six wildfires annually. “They almost always happen because the fires are left unattended,” he said. “The fire department responds to an additional five or six calls every year: People worry when they see an agricultural fire, and phone it in. They don’t know about the exemptions.”

From May 15 through March 15, the state allows on-site burning of downed brush and branches (less than 6 inches in diameter and 8 feet in length) in small towns with populations less than 20,000. But because nearly half of New York’s wildfires occur in spring, the 2009 state regulations include an annual statewide burn ban from March 16 to May 14: Residential brush, leaf, or burning is strictly prohibited. Ferine said, “The statewide burn ban has resulted in 45% fewer spring wildfires in upstate New York.”

State and local authorities enforce the burn ban, Ferine said; NYS DEC Forest Rangers assist town fire departments if summoned. Walsh said, “We had to call in the forest rangers last year because we had two illegal fires on Sigler Road in Gallatin. [The property owner] wasn’t watching his burning leaf piles. You can’t leave fires unattended.” 

Ferine said the property owner was ticketed. “Violators of the open burning regulation are subject to criminal and civil enforcement actions,” she said, “With a minimum fine of $500 for the first offense.”

To avoid leaf burning, the U.S. Department of Agriculture advises homeowners to “leave the leaves.” Intact leaves suppress weed growth without killing grass, fertilize the soil, and can become a wildlife habitat.

Reduce trash by choosing products sold in refillable containers, and items with the least amount of packaging; compost plant-based kitchen foods; recycle as much as possible. Hire a sanitation service to dispose of trash and recyclables, or drop them at your local transfer station (fees apply). According to Walsh, Pine Plains residents can dispose of some recyclables, including metal, cardboard, and paper, at the Highway Department off West Church Street.
For more information, visit the Cornell Cooperative website for Dutchess or Columbia counties.

To report illegal open burning, call the NYS DEC hotline at 1-844-332-3267; to report a wildfire, call 1-833-697-7264.