Brush and Outdoor Burning

In the Town of Durham, the Fire Chief also acts as the community’s Forest Fire Warden. New Hampshire Law RSA 227-L:17 I and II requires every person, firm or corporation who kindles any fire or shall burn or cause to be burned any materials in or near the woodlands, or where fire can communicate to the woodlands, except when the ground is covered with snow where you are burning SHALL obtain a written permit from the forest fire warden in the town or city where the fire will be kindled.

You must be at least 18 years of age to obtain a written fire permit. If not the owner of the property, you must have written permission from the owner to kindle a fire.

Burn permits can be obtained online at HERE. (Note: There is a $5.50 service charge for obtaining the permit online). Burn permits may also be obtained in-person at the Durham Fire Department station located at 51 College Road. There is no cost for permits picked up at the station.

ALL open burning requires a permit in the State of NH unless the ground is actually snow-covered (property owner permission still required). These regulations apply to pre-fabricated metal as well as masonry and other types of commercially available "fire pits", chimineas, etc., as well as natural stone and other types of fire-resistive rings. Devices in which charcoal or gas are burned do not fall under the open burning regulations (however it is always prudent to follow the minimum distance and safety guidelines).

Permits and the associated distances and times of allowed burning are broken down by size:

• A fire pit or ring 24 inches or less in diameter must be located at least 25 feet from a structure (including decks attached to structures). These small "cooking fires" may be burned at any time of day with a Category 1 permit.
• A fire pit or ring between 24 and 48 inches in diameter must be located at least 50 feet from a structure (including decks attached to structures). These fires may be burned only between the hours of 5pm and 9am with a Category 2 permit.
• A fire not enclosed in a fire-resistive ring, or one greater than 48 inches in diameter, must be located at least 50 feet from a structure (including decks attached to structures) and may be burned only between the hours of 5pm and 9am with a Category 3 permit. Brush being burned must be less than 5 inches in diameter. Keep piles small and feed them during the burning process.

Category 2 and 3 fires may be kindled with a permit before 5pm "If actually raining" -- the caveat is that if it stops raining before 5pm the fire must be completely extinguished and not rekindled until after 5pm. A permit is still required if raining.

What You Can Burn and When

Only leaves, woody debris or brush less than 5 inches in diameter, or untreated wood and dimension lumber (subject to Env-A 1001.05(g) below) can be burned. For any open burning a written fire permit is required.

Air quality regulations restrict the type of material burned in the open. Stumps, painted or treated lumber, tires, tubes, plastics, foam rubber and shingles are some of the prohibited materials (see Department of Environmental Services, Air Resources Division Open Burning Rules). Per Env-A 1001.05(g) "On-site burning, by the owner of a private, single-family residence occupied by the owner, of untreated wood, provided the material originates on site" is permitted.

Effective January 1st of 2002, incinerator permits or the burning of household trash is prohibited in the Town of Durham. Incinerators, which are solid barrel type containers of less than 7 cubic feet in size and holes no larger than ½” inch in diameter with a screen may be used to burn small amounts of brush and clean wood scraps in accordance with the aforementioned DES rule.

The permittee will be required to have suppression equipment on site while the burning is being done and the fires will have to be totally extinguished or be constantly attended. A buried fire is not an extinguished fire.

Safety Tips

• In rural areas, keep a 30-50 foot "green" safety zone around your home
• Limit the use of flammable plants in landscape designs
• Limit the use of plants that develop a dry or dead undergrowth
• Conduct regular maintenance of your property to reduce the opportunity of a brush fire
• Remove tree limbs around chimneys
• Keep the roof clear of dry leaves, needles and dead branches
• Keep gutters clean
• Properly dispose of trash and debris
• Remove dead and accumulated vegetation and dispose of it properly
• Limit ladder fuels (plants that provide a link between the ground and your house)
• Stack firewood away from structures
• Store and use flammable liquids properly
• ALWAYS dispose of cigarettes and matches carefully
• Teach children about fire safety. Keep matches and lighters out of their reach
• Make sure fire vehicles can get to your home - clearly display your address

For brochures on New Hampshire Fire Laws and brush fire safety, contact us at (603) 868-5531