Outdoor Burning of Residential Brush and Yard Debris

If you wish to burn brush and/or yard debris at your residence you must obtain a written permit prior to kindling your fire. It is State Law. RSA 227-L:17 is the State RSA that pertains to outdoor burning and the issuance of fire permits. This includes Chiminea’s and Outdoor Portable Fireplaces. The only exception to this law is when there is 100% snow coverage on the ground. As a rule of thumb, there should be enough snow coverage to track a cat.

For more information on how to obtain a permit, rules, please read below:

Outdoor Burning using Chiminea’s & Portable Fireplaces

A burn permit is required for a wood-burning unit (see definitions listed below). This is a State Law. You must comply with the rules for outdoor burning when using one of the outdoor appliances listed or described below. These are the same rules and regulations that apply to burning of brush as well.

The information provided herein is an abbreviated and condensed review of the pertinent and important points regarding outdoor burning in the Town of New Boston and the State of New Hampshire. For complete information, rules and regulations you should visit the State of NH, Division of Forest and Lands website at www.nhdfl.org. You may also contact the Forest Fire Warden or any Deputy Forest Fire Warden with any questions you may have.

As of January 1, 2007 the New Boston Forest Fire Wardens will enforce state RSA 227-L:17 as it pertains to the use of outdoor burning appliances such as Chiminea’s and other Portable Outdoor Fireplaces.

The following definitions will be used as an informative guide to describe the type of permits that will be issued and what is considered an outdoor burning appliance. These are taken directly from State of New Hampshire regulations.

Res 5601.01 Definitions

  • “Category I Fire” means a small controlled fire, such as a camp or cooking fire, no greater than 2 feet in diameter contained within a ring of fire resistive material or in a portable fireplace.
  • “Category II Fire” means a controlled fire, such as a camp or cooking fire, no greater than 4 feet in diameter contained within a ring of fire resistive material or in a portable fireplace.
  • “Category III fire” means any other fire not a category I or category II fire or a fire greater than 4 feet in diameter or a fire not contained within a ring of resistive material.
  • “Completely extinguished” means to extinguish so that it emits no smoke, heat or flames. The term does not include a buried fire.
  • “Enclosed container” means any such purpose-built device, container, or vessel so constructed as to be completely enclosed by solid fire-resistive material, attached to a stack or chimney, and capable of regulating fire draft and constructed as a solid [a solid] fuel appliance.
  • “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.~ The use of portable fireplaces is considered open burning.
  • “Portable fireplaces” means devices such as chimineas, steel fire pits, and any other device designed to burn permissible combustibles other than gas or charcoal.

Res 5601.02 Fire Permit Required

A fire permit shall be required for all open burning when the ground is not covered by snow.

Res 5601.04 Category I, II, and III Fire Permit

A permittee shall be issued a category I, II or III fire permit if the forest fire warden or authorized issuing agent determines that:

The permittee is the landowner or has the landowner’s written permission; must be in writing if landowner is not present.

The permittee meets the required age limit;

Except for public and private camp and picnic sites, the permittee meets the criteria for specified distances from structures as follows;

A category I fire is 25 feet from structures; or

A category II or III fire is 50 feet from structures;

The material to be burned is clean, untreated wood or brush less than 5 inches in diameter, and meets applicable air resources regulations;

Weather conditions are favorable as to prevent the spread or escape of the fire.

The permittee has adequate suppression equipment to control the fire;

The permittee meets the required timeframe as follows:

A category I for any time of day whether raining or not; or

A category II or III for between the hours of 5:00 P.M. and 9:00 A.M. unless it is actually raining

The permittee has not had more than 2 open burning violations, or any grievous violations, within the past 7 years.~

A category I, II or III fire permit shall include the following information:

  1. The name of permittee;
  2. The land owner name and address, if different than permittee;
  3. The location where fire is to be kindled;
  4. The date(s) the fire is authorized to occur and the specific time;
  5. The category of fire the permit is for;
  6. The name of the forest fire warden or authorized issuing agent;
  7. The town the forest fire warden or authorized issuing agent is from; and
  8. The date the fire permit was issued to permittee.

Prior to being issued a fire permit, the permittee shall be required to provide their name, address, telephone number, and signature on the fire permit.