Laws, Rules & General Information Pertaining to Outside Burning of Wood
IT’S THE LAW-FIRE PERMITS ARE REQUIRED This is only a synopsis of rules and laws contained in RSA 227-L. For more info contact: Steve Hansen, Fire Warden or go to www.nhdfl.org (NH Division of Forests and Lands).
EVERY person, firm or corporation who kindles or causes to be kindled any fire or burns or cause to be burned any material, except when the ground is covered with snow, SHALL obtain a written fire permit from the town or city where the fire is to be kindled.
LIABILITIES
ANY person causing or kindling a fire without a written fire permit from the Forest Fire Warden, or the Warden’s authorized agent, when such permit is required, and any person by whose negligence or the negligence of his agents any fire caused, shall be liable to a civil action for the payment to the town, state, or United States or any or all of the same of expenses incurred by the Forest Warden or Deputy Warden in attending or extinguishing such fire.
PENALTIES
ANY person violating the permit law and its provisions, and any person who willfully or recklessly kindles a fire that endangers woodlands, shall be guilty of a misdemeanor punishable by a fine up to $2,000.00 and/or up to one year in jail, or both.
Fire Permits
Permit to Kindle Fire: A Permit to Kindle a Fire is required for burning brush, cooking fires, or for seasonal campfires. There is no charge for these permits and they can be obtained in person from the Forest Fire Warden, Steve Hansen (home: 938-2634 or work: 938-5161). Permits cannot be issued over the telephone. The applicant should be prepared to show photo identification and, if not the landowner, must provide written permission from the landowner. Permits are only issued for the burning of brush and untreated lumber under 5” in diameter and only under favorable weather conditions. All other items (such as tires, painted wood, furniture, etc.) need to be disposed of in a proper manner, not by burning.
Camp Fire/ Brush Permits:
“Open Burning” means the burning of any material wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed container.
A Category I Fire: is a camp or cooking fire no greater than 2 ft. in diameter contained within a fire resistive ring. A Category I fire must be at least 25’ from structures. This would also include commercially made fire pits, chimneas and outdoor fireplaces. These fires may be kindled at any time, conditions permitting. Seasonal permits available.
A Category II Fire: is a camp or cooking fire no greater than 4 ft. in diameter contained within a fire resistive ring. A Category II or greater fire must be at least 50’ from structures. These fires may only be kindled between the hours of 5:00 pm and 12:00 am, unless it is actively raining or the ground is snow covered (100ft diameter around fire). Seasonal permits available.
A Category III Fire: means any other fire that is greater than 4 ft. in diameter or not contained in a fire resistive ring, such as an open brush/debris pile fire. These fires may only be kindled between the hours of 5:00 pm and 12:00 am, unless it is actively raining or the ground is snow covered (100ft diameter around fire). No Seasonal permits. A new permit is required for each day of burning.
Abbreviated Rules
(Complete Rules are covered under RSA 227-L:17 and Res 5600)
The permittee must be at least 18 years old and the legal landowner, or have the landowner’s written approval. The written approval must be submitted to receive a permit. Brush and wood cannot exceed 5 inches in diameter.
No household waste, treated wood or composite materials may be burned. Only clean, untreated and non-contaminated wood may be burned. No construction debris may be burned.
No accelerants, tires, or tubes are to be used in the material being burned.
All open fires shall be constantly attended until the fire is completely extinguished. A buried fire is not considered extinguished. “Completely extinguished” means to be extinguished so that it emits no smoke, heat, or flame.
Permittee must have proper suppression equipment to maintain control of the fire at all times.
Incinerator permits are no longer allowed, per RSA 125-N.
“REMEMBER: ONLY YOU CAN PREVENT WILD FIRES”