Burn Ban NY: New York State Dates, Rules and Fines for 2026
Short answerYes, once a year. New York bans residential brush burning every year from March 16 through May 14 under 6 NYCRR § 215.3. The Governor can also order a temporary statewide burn ban when fire risk rises, as in October 2025. Burning trash or leaves is illegal year-round.
Last verified: October 27, 2026 against 6 NYCRR Part 215, Environmental Conservation Law Article 9 and Section 71-2103, and NY DEC and Governor’s Office guidance
A burn ban NY residents hear about can mean two different things. One is the yearly spring rule that stops brush burning from March 16 through May 14. The other is a short, temporary order from the Governor that bans most outdoor fires statewide when the woods are dry. As of October 27, 2026, we found no temporary statewide order in effect, so only the permanent year-round rules apply today.
This page covers the dates, what you can still burn, the fines, fire town permits and New York City. It is general information, not legal advice.
Key facts
- Annual ban: residential brush burning is prohibited March 16 through May 14 every year.
- Temporary bans: the Governor ordered statewide bans from November 12 to 30, 2024 and from October 2 to 15, 2025.
- Always allowed: campfires and small cooking fires up to 3 feet high and 4 feet wide, using only charcoal or clean, dry, untreated wood.
- Always banned: burning trash, leaves, treated or painted wood, and burn barrel fires.
- Fines: DEC says a first offense carries a minimum fine of $500.
- Fire towns: in parts of the Adirondack and Catskill Parks, brush burning needs a written DEC permit.
Is there a burn ban in New York State right now?
Only the yearly ban is permanent, and it ends each year on May 14. DEC runs the annual March 16 through May 14 ban, and it applied again in 2026. Outside those dates, a statewide ban exists only when the Governor announces one.
We found no announced temporary statewide ban as of October 27, 2026. Conditions change fast in dry weather, so check the Governor’s news page and DEC before you light anything. Your county or town may also have its own order.
When is the burn ban in New York State?
The annual burn ban runs from March 16 through May 14. In 2026 it began on March 16 and ended May 14.
DEC says open burning of debris is the single largest cause of spring wildfires in the state, and Forest Rangers put out dozens of fires that burn hundreds of acres each year. DEC has enforced the annual ban since 2009.
| Ban | Dates | Who set it | What it covers |
|---|---|---|---|
| Annual brush burning ban | March 16 to May 14, every year | DEC, 6 NYCRR § 215.3 | Residential brush burning |
| Temporary statewide ban | November 12 to 30, 2024 | Governor Hochul | Brush and debris fires, uncontained campfires, open cooking fires |
| Temporary statewide ban | October 2 to 15, 2025 | Governor Hochul | Same as 2024; announced as a 14-day order |
| Year-round rules | Always | DEC, 6 NYCRR Part 215 | Trash, leaves, treated wood, burn barrels |
When does the burn ban end in NY?
The annual ban ends on May 14. After that, people in towns with fewer than 20,000 residents may again burn limited brush on their own land from May 15 to the following March 15.
A temporary ban ends on the date in the Governor’s order. The October 2025 order lasted 14 days, through October 15, and the release said it would be re-evaluated before it expired. In 2024 the order ran until November 30. Local officials announce when a ban is lifted in their area.
What is banned under the New York burn ban?
The annual ban stops brush burning, and a temporary order goes further. During the 2024 and 2025 orders, you could not start outdoor fires to dispose of brush and debris, and you could not light uncontained fires such as campfires and open cooking fires.
The orders kept two exceptions. Backyard fire pits and contained campfires up to 3 feet high and 4 feet long, wide or across were still allowed, and so were small contained cooking fires.
What can you still burn in New York?
You can still have a campfire or small cooking fire if it stays under 3 feet high and 4 feet wide, and burns only charcoal or dry, clean, untreated, unpainted wood. 6 NYCRR § 215.3 also says such a fire may not be left unattended until it is out.
The same section allows barbecue grills and maple sugar arches used for food, and ceremonial or celebratory bonfires of untreated wood. Burning an old flag or a religious item in a small fire is also allowed.
Burning brush outside the spring ban
From May 15 to March 15, you may burn downed limbs and branches under 6 inches thick and 8 feet long on your own land, but only in towns with fewer than 20,000 people. The rule does not allow it inside villages. Check local law first, since towns, villages, cities and counties can be stricter.
Farms on more than 5 contiguous acres may burn organic waste grown on site if it burns out within 24 hours. Prescribed burns follow DEC rules.
What is always illegal to burn in New York?
You can never burn trash, tires or other solid waste in New York, including in a burn barrel. DEC also bans burning loose leaves or leaf piles, treated or painted wood, and composite wood such as plywood and particle board, all year.
Heat-treated or kiln-dried firewood is allowed. Large brush piles collected at town or county transfer sites cannot be burned either.
Fire towns in the Adirondacks and Catskills
In a designated fire town, you need a written DEC permit to burn brush even outside the spring ban. Under Environmental Conservation Law § 9-1105, it is unlawful in a fire town to set or sustain an open fire to burn logs, leaves, brush or other debris without a permit.
Essex and Hamilton counties are fire towns in every town. Parts of Clinton, Delaware, Franklin, Fulton, Greene, Herkimer, Lewis, Oneida, Saratoga, St. Lawrence, Sullivan, Ulster, Warren and Washington counties are also covered. Ulster County, for example, lists Shandaken, Woodstock, Denning and Wawarsing, and DEC keeps the full list on its open burning page.
What are the fines for breaking a burn ban in New York?
DEC says violators face criminal and civil enforcement, with a minimum $500 fine for a first offense. Forest Rangers, Environmental Conservation Police Officers and local authorities can all enforce the rules.
The statutes behind Part 215 set the ranges. Environmental Conservation Law § 71-2103 sets civil penalties of $500 to $18,000 for a first violation, plus up to $15,000 for each day it continues. Environmental Conservation Law § 71-2105 makes a willful violation a misdemeanor, punishable by a fine of $500 to $18,000, up to one year in jail, or both. Each day is a separate violation.
| Penalty | First violation | Repeat violation |
|---|---|---|
Civil (ECL § 71-2103) | $500 to $18,000, plus up to $15,000 per day | Up to $26,000, plus up to $22,500 per day |
Criminal, willful (ECL § 71-2105) | Misdemeanor: $500 to $18,000, up to 1 year, or both | Fine up to $26,000, prison, or both |
Setting a fire that endangers another person’s property is also unlawful under Environmental Conservation Law § 9-1105.
Burn ban NY by county: Buffalo, Albany, Rochester and the Hudson Valley
The state rules apply in every county, so Erie, Monroe, Albany, Onondaga, Dutchess, Orange and the rest all follow the same March 16 to May 14 ban. DEC does not publish a separate county burn ban. What differs is local law, which can be stricter.
Villages are excluded from the brush burning exception, and local governments can add stricter rules of their own. Call your fire department or code office before burning anywhere. In the 2024 drought, large fires burned in Ulster County (the Whitehouse Fire in Denning, 630 acres) and at Sterling Forest State Park on the New York and New Jersey border.
New York City rules
New York City has its own, stricter rule that applies year-round. NYC Administrative Code § 24-149 says no person may cause or permit the kindling, maintenance or use of any open fire.
The exceptions are narrow. They cover residential picnic and barbecue fires in grates up to 10 square feet using charcoal or gas, fires in equipment provided in city parks where the agency allows them, and residential fire pits authorized under Fire Code section 307.7. A yearly statewide ban therefore rarely changes much for a city resident.
Check before you burn: a statewide order does not replace local rules. If a county or town issues a stricter order, the stricter one controls. Our New York travel ban page explains how local emergency orders work during storms.
Real New York examples
- Upstate homeowner: a resident of a town of 12,000 can burn small branches in June, but not in April, and never trash or leaves.
- Adirondack cabin owner: a cabin in Hamilton County sits in a fire town, so even a May brush pile needs a written DEC permit.
- Brooklyn renter: a backyard bonfire is not permitted under Admin Code § 24-149, though a charcoal grill is.
Myths and facts
- Myth: The burn ban stops all campfires. Fact: Campfires under 3 by 4 feet using clean wood stay legal, even during the temporary orders.
- Myth: You can burn leaves if you keep them small. Fact: Burning loose leaves is banned all year.
- Myth: The ban only matters in spring. Fact: The Governor ordered statewide bans in November 2024 and October 2025.
- Myth: A burn barrel is a safe way to get rid of paper. Fact: Burning trash in a barrel is prohibited statewide.
What should you do if you are cited or your fire spreads?
If a fire gets out of control, call 911 first. Report wildfires to the Forest Rangers at 1-833-NYS-RANGERS (1-833-697-7264).
A ticket or court notice should be answered by the deadline on it. A civil penalty and a misdemeanor charge are different, so ask a New York-licensed attorney which one you face before you respond. Our outdoors, weather and emergencies section covers related rules.
Frequently asked questions
Is there a burn ban in New York State right now?
Not unless the Governor has announced one. The annual ban runs March 16 to May 14 only. As of October 27, 2026, we found no temporary statewide order. Check the Governor’s news page, the DEC fire danger map and your town for current notices before you burn.
Is there a burn ban in NY right now for campfires?
Campfires under 3 feet high and 4 feet wide, burning only charcoal or clean, dry, untreated wood, stay legal under 6 NYCRR § 215.3, including during the 2024 and 2025 temporary orders. Larger or uncontained fires are what the orders stop. A local rule can still be stricter.
Can I burn leaves in New York?
No. DEC bans burning loose leaves and leaf piles all year, in every part of the state. Mulch them, compost them, or use your town leaf pickup. The ban does not depend on the spring burn ban dates.
Is there a burn ban in Buffalo or Erie County?
The statewide rules apply in Erie County, including the March 16 to May 14 ban. DEC does not run a separate county ban. The City of Buffalo and the towns can set stricter local rules, so call the fire department or city hall before burning.
Do fire pits count under the burn ban?
A backyard fire pit up to 3 feet high and 4 feet wide, using only clean wood or charcoal, was exempt in the 2024 and 2025 orders. In New York City, only residential fire pits authorized under Fire Code section 307.7 are allowed under Admin Code § 24-149.
What is the penalty for burning during the ban?
DEC says the minimum fine for a first offense is $500. State law sets civil penalties of $500 to $18,000, plus daily amounts, and a willful violation can be a misdemeanor with up to one year in jail under ECL § 71-2105.
Who enforces the burn ban?
Forest Rangers, DEC Environmental Conservation Police Officers and local authorities enforce the rules. You can report illegal burning to the DEC hotline at 1-844-DEC-ECOs (1-844-332-3267) and wildfires to 1-833-NYS-RANGERS.
What changed on this page
- October 27, 2026: first publication, checked against
6 NYCRR Part 215,ECL §§ 9-1105, 71-2103 and 71-2105,NYC Administrative Code § 24-149, DEC open burning guidance and the Governor’s 2024 and 2025 burn ban announcements. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
For permits, wildfire reports or burning questions, contact the NYS Department of Environmental Conservation or your local fire department. In New York City, contact the FDNY. For a ticket or charge, talk to a New York-licensed criminal defense attorney, and the New York State Bar Association lawyer referral service can help you find one. For more topics in this area, browse outdoors, weather and emergencies.
