§ 2645. Open burning; permits
(a) Except as otherwise provided in this section, a person shall not kindle or authorize another person to kindle a fire in the open air for the purpose of burning natural wood, brush, weeds, or grass without first obtaining a permit to kindle a fire from the town forest fire warden or deputy forest fire warden stating when and where the fire may be kindled and imposing any conditions deemed necessary by the town forest fire warden or deputy forest fire warden. Special forest fire wardens designated by the Commissioner shall issue permits for Category 3 fires on land owned by the Agency of Natural Resources.
(b) During periods of increased fire hazard, or when the Department of Environmental Conservation has issued an Air Quality Alert due to forecasted ambient air quality, the Commissioner may:
(1) Notify town forest fire wardens that for a specified period, no permits to kindle a fire shall be issued. The forest fire wardens shall issue no permits during the specified period.
(2) Notify town forest fire wardens that for a specified period of time, permits for Category 2 or 3 fires shall be prohibited or restricted as set forth by the Commissioner.
(3) Notify town forest fire wardens that for a specified period of time, Category 1 fires shall be prohibited or restricted as set forth by the Commissioner.
(c) A permit to kindle a fire is not required for the following categories or conditions when the requirements set forth below are satisfied:
(1) the kindling of a fire in a location where there is snow surrounding the open burning site;
(2) Category 1 fires; or
(3) the kindling of a fire that complies with all requirements established by rule adopted by the Commissioner of Forests, Parks and Recreation when a person is primitive camping on lands owned by the Agency of Natural Resources.
(d) The Commissioner of Forests, Parks and Recreation may issue a ban on kindling fires on lands owned by the Agency of Natural Resources when necessary.
(e) As used in this section:
(1) “Category 1” includes campfires that meet the following requirements:
(A) fires 36 inches in diameter or less that are built in stone arches, outdoor fireplaces, or existing fire rings at State recreational areas, other public recreational areas, or on private property; or
(B) fires 36 inches in diameter or less built in a location that is 200 feet or more from any forestland, or field containing dry grass or other flammable plant materials contiguous to forestland.
(2) “Category 2” includes natural wood fires that meet the following requirements:
(A) fires in piles larger than 36 inches in diameter; or
(B) fires 36 inches in diameter or less, not built in stone arches, outdoor fireplaces, or existing fires rings at State recreational areas, other public recreational areas, or on private property.
(3) “Category 3 broadcast burn” includes fires that meet the following requirements:
(A) Fires applied to existing vegetation in a predetermined land area, in a manner to meet specific or prescribed objectives, including fuels management, slash abatement, firefighter training, agricultural field burning, forest management, wildlife habitat management, or introduced species management.
(B) All Category 3 fires must have a plan that includes location, objectives, and contingency for escaped fire.
(4) “Forestland” means woodlands, timberland, brushland, forest, and woodlots.
(5) “Natural wood” means:
(A) trees, including logs, boles, trunks, branches, limbs, and stumps;
(B) lumber, including timber, logs, or wood slabs, especially when dressed for use; and
(C) pallets that are used for the shipment of various materials, so long as such pallets are not chemically treated with any preservative, paint, or oil.
(6) “Natural wood” does not mean other wood products such as sawdust, plywood, particle board, or press board. “Natural wood” does not mean wood, brush, weeds, or grass if they have been altered in any way by surface applications or injections of paints, stains, preservatives, oils, glues, or pesticides.
(e) Nothing in this section shall be construed to limit the authority of the air pollution control officer to prohibit open burning in accordance with the rules adopted under chapter 23 of this title. (Added 1977, No. 253 (Adj. Sess.), § 1; amended 2015, No. 171 (Adj. Sess.), § 11; 2023, No. 21, § 1, eff. May 25, 2023; 2025, No. 162 (Adj. Sess.), § 8, eff. July 1, 2026.)