The Monroe County burn ban actually comes from two layers of law working at once. New York State prohibits residential brush burning statewide from March 16 through May 14 every year, and Monroe County’s Sanitary Code bans most open burning the rest of the year too, with only a handful of narrow exceptions. Violations can bring civil penalties up to $1,000 under county law and state fines starting at $500 and climbing much higher.
The Spring Statewide Ban
From March 16 through May 14, the New York State Department of Environmental Conservation prohibits residential brush burning across the entire state. The window covers the weeks when most wildfires occur, before green growth returns and while dead leaves and dry vegetation still cover the ground.1New York State Department of Environmental Conservation. DEC Reminds New Yorkers Statewide Residential Brush Burning Prohibition Starts March 16
Outside that window, state rules allow on-site burning of downed limbs and branches under six inches in diameter and eight feet in length, but only in towns with a total population under 20,000.2Cornell Law Institute. New York Codes Rules and Regulations Title 6 215.3 That threshold matters in Monroe County. Greece, Henrietta, and Irondequoit all exceed 20,000 residents, so residential brush burning is effectively off the table year-round in those towns regardless of the calendar. In smaller towns, brush burning is possible outside the March 16 to May 14 window, but only after checking local ordinances.
One rule never changes: burning household garbage or leaves is illegal everywhere in New York, every day of the year, no matter the town size.1New York State Department of Environmental Conservation. DEC Reminds New Yorkers Statewide Residential Brush Burning Prohibition Starts March 16
What Monroe County Adds
Monroe County’s Sanitary Code Article V governs open burning throughout the county on top of state law. The code flatly prohibits burning refuse in any open fire unless the activity fits a narrow exception.3Monroe County. Monroe County Sanitary Code Article V Open Burning Control Household trash, construction debris, painted or treated wood, tires, and similar materials can never be burned outdoors in Monroe County.
The code also notes that local fire marshals and fire chiefs may impose stricter rules than the county or state require.4eCode360. Article V Open Burning Control County of Monroe NY Even when an activity looks permissible on paper, your specific town or village may have tighter restrictions. A call to your local fire department before lighting anything is the simplest way to stay compliant.
What You Can Still Burn
Both state and county rules carve out exceptions for a few types of controlled fires. These apply even during the spring statewide ban, so long as you follow the conditions attached to each.
- Barbecue grills, gas grills, charcoal grills, and similar outdoor cooking equipment, when actually used to prepare food.2Cornell Law Institute. New York Codes Rules and Regulations Title 6 215.34eCode360. Article V Open Burning Control County of Monroe NY
- Small campfires and cooking fires that use only charcoal or dry, clean, untreated, unpainted wood, stay under three feet tall and four feet in diameter, remain attended, and are fully extinguished afterward. Burning leaves or yard debris in a fire pit does not count as recreational burning and stays illegal.1New York State Department of Environmental Conservation. DEC Reminds New Yorkers Statewide Residential Brush Burning Prohibition Starts March 16
- Ceremonial or celebratory bonfires, including disposal of flags and religious items, if they burn only untreated wood or agricultural products and stay attended until fully out.2Cornell Law Institute. New York Codes Rules and Regulations Title 6 215.3
- Agricultural burning on contiguous farmland larger than five acres that is actively in use. The material has to be organic agricultural waste generated on-site and fully consumed within 24 hours. Pesticides, plastics, trash, and tires are still off-limits, and this exception is not blocked by the spring statewide ban.5Cattaraugus County. Annual New York State Burn Ban March 16 May 14 2026
The theme runs through every exception. The fire has to be small, attended, and fueled only by clean natural materials. The moment leaves, garbage, treated lumber, or anything plastic goes in, the exception disappears and you are in violation.
Penalties If You Burn Anyway
Monroe County and New York State run separate penalty systems, and both can come after the same fire.
County Fines
Under the Sanitary Code, a violation of Monroe County’s open burning rules is a civil penalty of up to $1,000 per violation.3Monroe County. Monroe County Sanitary Code Article V Open Burning Control Enforcement authority sits with the Monroe County Board of Health or its designee, the Sheriff, and local law enforcement. A hearing under the county’s public health administrative procedures has to happen before a fine is imposed.4eCode360. Article V Open Burning Control County of Monroe NY
State Fines
When the DEC pursues a violation under the Environmental Conservation Law, the numbers jump. A first offense carries a civil penalty between $500 and $18,000, plus up to $15,000 for each day the violation continues. A second or later offense can reach $26,000, with daily continuing penalties up to $22,500.6New York State Senate. New York Environmental Conservation Law Section 71-2103 Violations The Attorney General brings the action. State enforcement generally targets egregious or repeated violations, but the ceiling alone shows that illegal burning is not treated lightly.
What a Fire That Escapes Can Cost You
Government fines are only part of the exposure. If a fire you start spreads to a neighbor’s property, you face civil liability for every dollar of damage. Standard homeowners insurance covers sudden and accidental fire loss, but insurers can deny claims when the fire came from negligent or illegal conduct. Lighting a burn pile during an active ban is hard to characterize as anything but negligent, which gives your carrier grounds to refuse coverage and leaves you personally responsible.
If a neighbor’s insurer pays their claim, that carrier can pursue you through subrogation to recover what it spent. Fire department suppression costs can add thousands more. None of this depends on a criminal conviction. A neighbor only has to show that you failed to exercise reasonable care, your fire escaped, and it caused their loss. Burning during an active ban makes that case straightforward.
Checking Conditions and Reporting Violations
The spring statewide ban runs on fixed calendar dates, so those weeks are always predictable. Fire danger can still spike outside that window during droughts and dry spells. The DEC maintains a real-time fire danger map that rates conditions statewide, with Monroe County falling in the Lake Ontario Plains rating area.7New York State Department of Environmental Conservation. Fire Danger Map When ratings hit high or extreme, local officials can add temporary restrictions. The Monroe County government website and your local fire department are the best places to confirm current conditions.
Monroe County’s Environmental Health department investigates open burning complaints and enforces the Sanitary Code.8Monroe County. Environmental Health Outdoor Air Open Burning To report illegal burning, the DEC runs a 24-hour hotline at 1-844-DEC-ECOS (1-844-332-3267), and complaints can be filed anonymously. You can also email Central.Dispatch@dec.ny.gov or contact the Environmental Conservation Officer assigned to your area.9New York State. Report an Environmental Violation Note the location, what is being burned, who is burning it, and when it started.