New York State Comments on The Backyard Campfire Law

A recent neighborhood dispute raised an interesting question: What are the rules for backyard fires in New York State? If smoke from your neighbor’s campfire is drifting into your yard or home, do you have any legal options? And if you’re the one building the fire, what can you legally burn?

As summer rolls on and August brings slightly cooler evenings, many New Yorkers are enjoying backyard campfires with family and friends. Roasting marshmallows, making s’mores, and relaxing around the fire are some of the best parts of the season. But before you light that fire, it’s important to know the state’s rules.

New York State Campfire Rules

New York State allows recreational campfires, but there are restrictions you need to know.

The annual statewide burn ban ended on May 14, meaning recreational fires are once again permitted in most areas. However, not everything can be burned.

Burn barrels are illegal year-round, and it is also illegal to burn trash, leaves, or leaf piles. You should never burn pressure-treated lumber, composite materials, or other treated wood products because they can release harmful chemicals into the air.

"Burning pressure or chemically treated wood, painted or stained wood, or composite wood such as plywood and particle board. Firewood that has been heat treated or kiln dried is allowed to be burned".

Recreational campfires must also remain relatively small. Fires should be no more than 3 feet high and 4 feet in diameter.

What If Your Neighbor’s Campfire Smoke Is Blowing Into Your House?

Recently, I overheard neighbors debating this exact issue. One argued they had every right to enjoy a backyard fire, while the other insisted they should be able to leave their windows open without smoke filling their home every evening.

Unfortunately, that’s not always an easy dispute to settle.

While excessive smoke can certainly be frustrating, New York State generally allows legal recreational campfires. Once a fire is burning legally, the person tending it has very little control over where the wind carries the smoke.

Unless local ordinances or nuisance laws are being violated, the issue often comes down to neighbors working together and being considerate of one another.

Wildfire Smoke Has Already Been a Problem This Summer

Many New Yorkers have already dealt with poor air quality this year because of wildfire smoke drifting south from Canada.

Air Quality Alerts were common during parts of July as smoke spread across much of the Northeast and East Coast. While your neighbor’s campfire won’t create that kind of widespread air quality problem, it can still become a nuisance if the smoke consistently drifts into nearby homes.

It Is Always Illegal to Burn Trash in New York State

One rule is crystal clear: burning household trash is illegal throughout New York State.

As summer winds down, many homeowners begin cleaning out garages, sheds, and basements. Instead of burning unwanted items, use your town’s scheduled bulk trash pickup or recycling programs whenever possible.

Burning garbage not only violates state regulations but can also release dangerous pollutants into the air.

As we head toward fall, enjoy those cool evenings around the campfire with family and friends. Just be sure your fire is legal, safe, and respectful of those living nearby.