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1. What does the Ohio EPA consider "open burning"?

Open burning is any set outdoor fire that does not vent to a chimney or stack.

2. Why do Ohio laws prohibit some many types of open burning?

Depending upon the material being burned, open fires can release many kinds of toxic fumes. Leaves and plant materials send aloft millions of spores when they catch fire, causing many people with allergies to have difficulty breathing.

The pollutants released by open burning also make it more difficult to attain, or maintain, health-based air quality standards, especially in or near the major metropolitan centers.

The gases released by open burning can also harm neighboring buildings by corroding metal siding and damaging paint. Finally, open burning is not an efficient way to get rid of wastes since open fires do not get hot enough to burn the materials completely.

3. What materials can never be burned?

• Materials containing rubber, grease, and asphalt; those made of petroleum, such as tires, cars, and auto part; and plastics and plastic-coated materials
• Garbage and any wastes created in the process of handling, preparing, cooking, and consuming food
• Dead animals

4. What types of open burning are permitted in restricted areas?

A few types of open burning are permitted everywhere, even in restricted areas. Fires must be kept to a minimum size for their intended purpose, and shall not be used for waste disposal purposes.

Within a Restricted Area

• Bonfires, campfires, and outdoor fireplace equipment, whether for cooking food for human consumption, pleasure, religious, ceremonial, warmth, recreational, or similar purposes are allowed as long as the fire is composted only of clean, seasoned firewood, is not set for waste disposal purposes, and is not larger than 3 feet by 3 feet.
• By notifying Ohio EPA in advance, fires set to train firefighters, to dispose of certain ignitable or explosive materials, or to dispose of poisons such as pesticides and their containers are allowed with prior written permission from Ohio EPA. Recognized horticultural, silvicultural, range, or wildlife management practices, involving burning, also are allowed with prior written permission from Ohio EPA. This permission may take two weeks to obtain. Ohio EPA is represented by five district offices and nine local air agencies.
• Fires intended to control disease or pests may be set if the local health department, the Ohio Department of Agriculture, or the U.S. Department of Agriculture verifies to Ohio EPA that open burning is the only appropriate control methods.

Outside a Restricted Area

• Agricultural wastes: material generated by crop, horticultural, or livestock production practices. This includes such items as wood debris and plant matter from stream flooding, bags, cartons, structural materials, and landscape wastes that are generated in agricultural activities. Agricultural waste does not include land clearing waste; buildings (including dismantled/fallen barns); garbage; dead animals; animal waste; motor vehicles and parts thereof.
• Landscape wastes: plant matter such as tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, yard trimmings, and crop residues.
• Land-clearing wastes: plant matter that is removed when land is cleared for residential, commercial, or industrial development. This material may be burned only under certain circumstances and with prior written permission from Ohio EPA.
• Residential waste: wastes such as wood or paper products that are generated by one-, two-, or three-family residences. Garbage may not be open burned.

Additional Procedures

• No open burning can take place within 1,000 feet of an inhabited building located off the property where the fire is set. Nor can the fire obscure visibility for roadways, railroad tracks, or air fields.
• No wastes generated off the premises may be burned. For example, a tree-trimming contractor may not haul branches and limbs to another site to burn them.
• Open burning is prohibited when air pollution warnings, alerts, or emergencies are in effect.

5. Does Ohio EPA ever allow exceptions?

Under certain circumstances, yes. However, to burn a prohibited material or set a fire in a restricted area, you must receive written permission from Ohio EPA before you begin burning.

6. Can a community enact local ordinances to allow open burning?

Local ordinances cannot be less strict than the state law described here. They can be more strict, however.

7. What will happen if I am caught illegally open burning?

Ohio EPA has the legal authority to enforce the open burning laws. Violations can result in substantial penalties. If you have any questions, or would like to report a suspected open burning incident, contact your Ohio EPA district office or your local air pollution control agency. If you are in Butler, Clermont, Clinton, Hamilton, or Warren County, call the Agency at 513-946-7777.