Can You Burn Wood In Your Garden at Any Time of the Day?

Should you have a bunch of old wood, or any garden vegetation, you need to get rid of, burning it may the easiest and coolest way to go.

Of course, there is the matter of burning wood just because you want to, such as as part of a festive four of July garden gathering, or winters while sitting around your fire pit enjoying some woods. 

Depending on how big your property is, and where it is located in relation to your neighbors, you might also be concerned that burning wood in your yard might impact your neighbors, and even be illegal. 

In this short guide, we will cover the laws about burning wood on your own property, including helpful and informative links, for each state.

Can I burn wood in my garden at any time of day? – a state-by-state guide

Use this table to find guidance on backyard burning in your state.

StateCan I burn wood in my backyard?More info
Alabama (AL)Restricted – Alabama restricts summer burning between May and October.– Alabama burn law
– Backyard burning in AL
Alaska (AK)Restricted – Many municipalities in the state require an open burn permit due to air quality regulations.– Alaska burning applications (air quality)
– Recreational burning in Anchorage
Arizona (AZ)Restricted – Small recreational or cooking fires do not require a permit, but anything larger requires an air quality permit.– Burn permits in Arizona
– Open burning guidance for Phoenix AZ
ArkansasYes – You can burn wood and vegetation that grew on the land without restriction.– Yard waste open burning
California (CA)Restricted – Outdoor burn permits are required across California.– Burning logs outdoors in CA
– Outdoor burn permits CA 
Colorado (CO)Restricted – Smoke permits are required for open burns of woodpiles, vegetation, and yard waste.– Smoke permits in Colorado
Connecticut (CT)Yes – But the burning must not create a nuisance to neighbors or contravene municipal restrictions.– Open burning guidance for Connecticut
Delaware (DE)Yes – You can burn wood and vegetation whenever you want unless directed otherwise by a State Fire Marshal or the National Weather Service.– Citizens’ guide to open-air residential burning in Delaware
Florida (FL)Restricted – Burning must take place between 8.00 AM EST and one hour before sunset.The wood must be in a pile of eight feet in diameter or less or burned in a container.– Open burning advice – FL
Georgia (GA)Restricted – Several open burning activities have restrictions and require a permit due to air quality.– Open burning rules Georgia
Hawaii (HI)Illegal – Backyard burning has been illegal throughout Hawaii since 2012 with a $10,000 fine if caught. They exempted cooking fires.– Open burning guidance for Hawaii
Idaho (ID)Yes – Idaho permits residential burning of garden waste and wood unless a local ordinance is in place. – Idaho burning guidance
Illinois (IL)Illegal – Backyard burning is illegal for everything except landscape waste. – Illinois open burning guidance
Indiana (IN)Restricted – Indiana restricts residential open burning of clean wood in a burn barrel depending on property type and proximity to neighbors.– Indiana residential open burning guidance
Iowa (IO)Yes – Residential burning of logs and firewood. Burning of garden waste is prohibited. Some municipalities require permits.– Iowa burning guidance
Kansas (KS)Restricted – Kansas restricts residential open burning to household trash in a burn barrel for air quality reasons.– Kansas open burning guidance
Kentucky (KY)Yes – Some municipalities require permits.– Open burning guidance KY
Louisiana (LA)Illegal – Open burning in Louisiana is illegal. Exemptions exist for parishes with a population of 300,000 or less for garden waste on private property. At population of 90,000 or less branches and logs may be burnt.– Louisiana open burning guidance
Maine (ME)Restricted – Outdoor burn permits from the town forest fire warden or local forest ranger are required. – Maine open burning permit guidance
Maryland (MD)Yes – Maryland permits residential burning of garden waste and wood unless a local ordinance is in place. – Maryland open burning guidance
– Maryland open burn laws article
Massachusetts (MA)Restricted – Outdoor burn permits from the local fire department are required. – Massachusetts open burning guidance
Michigan (MI)Yes – Michigan permits residential burning of garden waste and wood unless a local ordinance is in place. – Michigan open burning guide
Minnesota (MN)Yes – Minnesota permits residential burning of garden waste and wood. – Minnesota landscape debris burning guidance
Mississippi (MS)Restricted – Outdoor burn permits from the local fire department are required. Mississippi also enforces burn bans periodically. – Open burning guidance. DeSoto MS
– Open burning guidance. Brandon MS
– Open burning guidance. Starkville MS
Missouri (MO)Yes – As long as the fire includes vegetation and untreated wood.– Missouri open burning guidance
Montana (MT)Yes – But only firewood can be burned. The diameter of the fire should be less than 3 feet. Open burning of waste, including vegetation, is restricted. – Montana advice on backyard fireplaces 
Nebraska (NE)Restricted – Outdoor burn permits from the local fire department are required. Mississippi also enforces burn bans periodically. Nebraska restricts smaller recreational fires to 3 feet in diameter using clean wood. – Nebraska open burning permits 
Nevada (NV)Illegal – Open burning in Nevada is illegal. Exemptions exist, including small fires with vegetation or wood. – Open burning guidance NV
New Hampshire (NH) Restricted – Outdoor burn permits from the local fire department are required.– Open burning guidance New Hampshire 
New Jersey (NJ)Restricted / Illegal – Open burning has been banned across many counties due to recurrent statewide fire threats. – Wood burning in New Jersey 
New Mexico (NM)Yes – Only wood is allowed to be burned openly in Albuquerque – City of Albuquerque – open outdoor burning
New York (NY)Restricted / Illegal – Authorities have banned open burning across New York City.
In New York State, you can openly burn wood in districts with a population of less than 20,000.  
– New York City burning restrictions
– New York State open burning regulations
North Carolina (NC)Yes – Wood and vegetation is permitted to be burned on a private property– North Carolina open burning guidance 
North Dakota (ND)Yes – Wood and vegetation is permitted to be burned on a private property– North Dakota open burning guidance 
Ohio (OH)Restricted – Ohio bans statewide outdoor burning between 6am and 6pm during March, April, May, October, November. Further restrictions may be in place if air quality alerts, or emergencies are taking place. Exemptions require prior notification of Ohia Environmental Protection Agency– Ohio open burning regulations
Oklahoma (OK)Yes – Oklahoma permit wood and vegetation to be burned on a private property. Some areas of Oklahoma require notification of the Forestry Division prior to the burn.– Oklahoma outdoor burning guidance
Oregon (OR)Restricted – Open burning restrictions vary by county in Oregon– Oregon open burning restrictions and exemptions
Pennsylvania (PA)Restricted – Many municipalities in the state require an open burn permit due to air quality regulations.– Pennsylvania open burning restrictions (Hampton)
Rhode Island (RI)Yes – Open burning must be supervised, at least 30 feet away from roadways, and take place between the hours of 8am and 5pm.– Rhode Island burning ordinances
South Carolina (SC) Restricted – Open burning restrictions vary by county in South Carolina – South Carolina open burning guidance
South Dakota (SD) Yes – The fire must be contained and have adequate clearance from buildings and trees. Maximum diameter of stacked wood  is 3 feet. – South Dakota open burning guidance
Tennessee (TN)Yes – Check local ordinances. – Burning guidance for the State of Tennessee
Texas (TX)Yes – Check local ordinances.– Outdoor burning in Texas guidance
Utah (UT)Restricted – Utah enforces mandatory no-burn days across the state. This is an air quality directive and is usually in place between November and March.– Utah no-burn days guidance
Vermont (VT)Yes– Vermont burning guidance
Virginia (VA)Restricted / Illegal – A burn ban is usually in place between  February and the end of April. During this time, you cannot start a fire between midnight and 4 pm. – The 4pm burning law
Washington (WA)Yes – The fire must be contained and have adequate clearance from buildings and trees. The maximum diameter of stacked wood is 3 feet. – Washington open burning guidance
West Virginia (WV)Restricted / Illegal – A burn ban is usually in place from March to May and October to December. You cannot start a fire between 7 am and 5 pm during this time. – West Virginia open burning guidance
Wisconsin (WI)Restricted – A permit is required to burn lawfully.– Wisconsin open burning guidance (including questionnaire)
Wyoming (WY)Yes – Burning must occur within daylight hours and finish 2 hours before sunset. Check the wind direction so that smoke is not blown towards buildings. – Wyoming burning guidance

Key takeaways for burning wood in your backyard

If you have the ability to burn wood on your property without restriction, please consider a few last-minute things to make sure your outside burning fire is not a nuisance:

Most recreational or cooking fires fly under the radar

cooking fires fly under the radar

Most of states allow fires for the purposes of cooking, camping or ceremonial, the fire must be relatively small and less than 3 feet in diameter when possible.

Burn between dawn and dusk 

You can’t burn wood in your backyard during any time of day. Use the hours between dawn and dusk, as this is often defined as a time period by the environmental protection agencies for your state.

Supervise the fire

Never leave a fire unattended. Stay with the fire until it is fully extinguished.

Have means of extinguishing the fire and a phone on-hand

If a fire is getting near to getting out of hand, be comfortable using a fire extinguisher to fully extinguish it. Many states will expect you to have a means to extinguish the fire, as well as a phone to call emergency services if necessary.

If in doubt, ask your local fire department

If you don’t know the rules in your area, your local fire service can help you. If you are doing a significant amount of burning, you should also notify them. 

Touch base with your neighbors

Touch base with your neighbors

Everyone hates getting smoke from a bonfire blown in their face so it is courteous to let your neighboors know if you plan to burn some wood.

Rounding up

Evidently, it is not as easy as you may expect to have a bonfire in your backyard.

Whether you are going to sit around the firepit, have a bonfire or burn some garden waste, you need to ensure you aren’t breaking any laws…. and, of course, your neighbor won’t complain!

Leave a Comment