Heavily Restricted

How Delaware's Burn Rules Work

Open burning is prohibited or heavily restricted in most of Delaware due to population density and air quality concerns. Agricultural burning may be permitted with specific approval from the DE Forest Service.

Getting Authorization to Burn in Delaware

DetailInformation
Primary AgencyDE Forest Service
Phone(302) 739-9921
Websitehttps://agriculture.delaware.gov/forest-service
CostN/A
ValidityN/A

What You Can and Cannot Burn in Delaware

⚠ Never legal to burn anywhere: Household garbage, treated or painted wood, tires, plastics, construction debris, or hazardous materials of any kind. This applies throughout Delaware regardless of permit status.

Frequently Asked Questions — Delaware

Open burning is prohibited or heavily restricted in most of Delaware due to population density and air quality concerns. Agricultural burning may be permitted with specific approval from the DE Forest Service. Contact DE Forest Service at (302) 739-9921 for current requirements specific to your location.

Penalties for unauthorized burning vary by local jurisdiction in Delaware. Air quality violations can reach $10,000–$25,000 per day under federal and state environmental statutes. If fire escapes, you are liable for suppression costs. See our full penalties guide for more detail.

Where burning is permitted, natural vegetation — leaves, yard debris, brush, and untreated natural wood — is generally allowed. Household garbage, treated wood, plastics, tires, and construction debris are prohibited everywhere in Delaware. See our complete guide to what you can burn.

Disclaimer: This guide is for informational purposes only. Rules in Delaware vary by county and municipality. Always verify with DE Forest Service and your local authorities before burning.