The Outdoor Fire Chimney Law in Ohio

Open Burning

• The Ohio Environmental Protection Agency defines open burning as any outdoor fire that “does not vent to a chimney or stack.” Fuels include wood, charcoal, leaves and debris. The Ohio EPA does not necessarily need to be notified if you are having a small campfire in your backyard. However, a bonfire, for example, may require a permit, depending on location, dimensions and materials burned. Local ordinances may also play a part as to what you are allowed to burn and where it can take place.

Local Laws

• Open burning of treated and diseased wood releases fumes and allergens into the air — some may be toxic. Many local governments in Ohio refer to the Environmental Protection Agency’s guidelines on open burning in outdoor chimneys, fire pits and rings. In Maumee, for example, residents must have an operable garden hose or filled water buckets near the site. In many cities and townships -- Kettering, Ohio, for example -- residents cannot burn trash or leaves; only clean, dry wood. Residents of municipalities that do allow the burning of brush, leaves and tree trimmings must contact the EPA in advance.

Prohibited Burning and Penalties

• Ohio prohibits burning of garbage-- food wastes in particular -- as well as animal carcasses and materials containing grease, rubber, plastic and petroleum. The Ohio EPA has jurisdiction on open burning; violations can result in heavy fines. Local governments that restrict open burning in chimneys, fire pits and rings also regulate their areas with fines, which vary depending on the severity and frequency of the violations.

Permissible Outdoor Burning

• Unless a municipality precludes it, Ohio law allows for wood to be burned at barbecues, cookouts and campfires. It must not be stacked bigger than 2 feet high and 3 feet wide. Agricultural waste such as leaves, tree trimmings, stumps and brush can be burned if the fire site is at least 1,000 feet from a neighbor’s home or other inhabited structure. Outdoor chimneys, fire rings and pits cannot be used to burn land-clearing and residential waste inside city limits. However, if the fire is on private property, these materials can be burned outside a village or city. Ceremonial fires, with clean, seasoned wood stacked up to 5-feet high and 5-feet wide, are permitted for three hours; the EPA must be notified in advance if the burning is to be done inside city limits. Other types of outdoor burning may also require permits from the Ohio EPA.