Almost Always Legal to Burn (With Permit)
These materials are allowed under most state open burning rules when you have the appropriate permit and follow setback and safety requirements:
- Dry leaves from trees and shrubs on your property
- Yard trimmings — grass clippings, hedge clippings, flower stalks
- Brush and branches from trees and shrubs (untreated natural wood)
- Downed trees — natural wood that has not been treated, painted, or chemically preserved
- Stumps — burn slowly, require extended fire watch
- Storm debris — downed natural vegetation from weather events
- Agricultural crop residue — corn stalks, soybean stubble, orchard prunings (may need agricultural permit in some states)
Never Legal to Burn — Any State, Any Permit
These materials are prohibited under air quality laws and open burning regulations in every state. No permit exists that makes burning them legal:
- Household garbage and trash of any kind — food waste, packaging, paper products mixed with garbage
- Treated wood — pressure-treated lumber (CCA, ACQ, or other treatments), railroad ties, utility poles
- Painted or stained wood — decking boards, fencing, siding, furniture
- Manufactured wood products — OSB (oriented strand board), plywood, particle board, MDF, hardboard
- Tires and rubber of any kind
- Plastics — plastic bags, containers, film, sheeting, PVC pipe
- Asphalt roofing materials — shingles, roll roofing, tar paper
- Petroleum products — motor oil, gasoline, diesel (as fuel for burning, not as a starter)
- Electrical wire insulation — burning wire to recover copper is illegal everywhere
- Asbestos-containing materials
- Pathological or medical waste
- Hazardous household waste — paints, solvents, pesticides, aerosols
Gray Areas: Situational Materials
Some materials fall into a gray zone depending on state rules:
- Natural wood pallets — untreated, unpainted heat-treated (HT-marked) pallets are generally legal; chemical-treated (MB-marked) pallets are not. Most pallets are treated — if you can't confirm HT, don't burn it.
- Christmas trees — natural, unflocked, undecorated trees are generally legal under yard waste rules. Flocked trees (spray-coated) are not.
- Pruned ornamental shrubs — allowed in most states as natural yard debris.
- Diseased trees — most states allow burning diseased wood to prevent pathogen spread, but some (like states managing oak wilt or emerald ash borer) have specific rules. Verify with your state forestry agency.
- Dead grass and hay — agricultural-scale burning of pasture grass is a separate permit category in most states. Small residential quantities generally fall under yard debris rules.
What About Burn Barrels?
Burn barrels (metal 55-gallon drums used for trash burning) are prohibited in most states. The practice of burning household garbage in a barrel is specifically banned under air quality rules in virtually all states — the container doesn't change what's inside. Many rural homeowners use burn barrels for yard debris rather than trash; this may be permitted under the same rules as open burning in your state, but check first. Some states explicitly prohibit burn barrels regardless of what's in them.
How Rules Vary by State
While the prohibited-materials list is consistent nationwide, the allowed-materials list can vary:
- Construction debris: Most states prohibit it. A few rural states allow burning clean wood construction debris (not treated/painted) with special permits.
- Land-clearing debris: Allowed in most states with appropriate permits but with additional setback and notification requirements.
- Infectious or noxious plant material: Most states explicitly allow burning of invasive or diseased vegetation. A few have restrictions on specific pathogens.
Frequently Asked Questions
No. Construction lumber — even if it looks like plain dimensional lumber — is almost always pressure-treated, stickered, or marked in ways that indicate chemical treatment. Clean, unpainted dimensional lumber from a new purchase is theoretically burnable as 'untreated wood,' but unless you have proof of treatment status, assume it's prohibited.
Natural, unflocked, undecorated Christmas trees are generally legal under yard debris burning rules in most states. Flocked trees (spray-coated with white or colored material) are treated as prohibited due to the coating chemicals. Remove all lights, ornaments, tinsel, and stands before burning.
Only if they are heat-treated (marked HT). Chemical-treated pallets (marked MB for methyl bromide) are prohibited. Most pallets are either treated or of unknown treatment — if you can't confirm HT treatment, don't burn it.
In most rural and suburban areas, burning leaves with a permit is legal. Many cities and towns prohibit it due to smoke nuisance. Check your municipality's ordinances. Permits are required in most states for any leaf burning.