New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 215 - Open Fires › Section 215.3 - Exceptions and restricted burning

Current through Register Vol. 46, No. 28, July 10, 2024
Burning in an open fire, provided it is not contrary to
					 other law or regulation, will be allowed as follows:
(a) On-site burning in any town with a total
				  population less than 20,000 of downed limbs and branches (including branches
				  with attached leaves or needles) less than six inches in diameter and eight
				  feet in length between May 15th and the following March 15th. For the purposes
				  of this subdivision, the total population of a town shall include the
				  population of any village or portion thereof located within the town. However,
				  this subdivision shall not be construed to allow burning within any
				  village.
(b) Barbecue grills, maple
				  sugar arches and similar outdoor cooking devices when actually used for cooking
				  or processing food.
(c) Small fires
				  used for cooking and camp fires provided that only charcoal or untreated wood
				  is used as fuel and the fire is not left unattended until
				  extinguished.
(d) On-site burning
				  of agricultural wastes as part of a valid agricultural operation on contiguous
				  agricultural lands larger than five acres actively devoted to agricultural or
				  horticultural use, provided such waste is actually grown or generated on those
				  lands and such waste is capable of being fully burned within a 24-hour
				  period.
(e) The use of liquid
				  petroleum fueled smudge pots to prevent frost damage to crops.
(f) Ceremonial or celebratory bonfires where
				  not otherwise prohibited by law, provided that only untreated wood or other
				  agricultural products are used as fuel and the fire is not left unattended
				  until extinguished.
(g) Small fires
				  that are used to dispose of a flag or religious item, and small fires or other
				  smoke producing process where not otherwise prohibited by law that are used in
				  connection with a religious ceremony.
(h) Burning on an emergency basis of
				  explosive or other dangerous or contraband materials by police or other public
				  safety organization.
(i) Prescribed
				  burns performed according to Part 194 of this Title.
(j) Fire training, including firefighting,
				  fire rescue, and fire/arson investigation training, performed under applicable
				  rules and guidelines of the New York State Department of State's Office of Fire
				  Prevention and Control. For fire training performed on acquired structures, the
				  structures must be emptied and stripped of any material that is toxic,
				  hazardous or likely to emit toxic smoke (such as asbestos, asphalt shingles and
				  vinyl siding or other vinyl products) prior to burning and must be at least 300
				  feet from other occupied structures. No more than one structure per lot or
				  within a 300 foot radius (whichever is bigger) may be burned in a training
				  exercise.
(k) Individual open fires
				  as approved by the director of the Division of Air Resources as may be required
				  in response to an outbreak of a plant or animal disease upon request by the
				  commissioner of the Department of Agriculture and Markets, or for the
				  destruction of invasive plant and insect species.
(l) Individual open fires that are otherwise
				  authorized under the Environmental Conservation Law, or by rule or regulation
				  of the department.