Is Open Burning Legal in Idaho After the 2026 Framework Overhaul?

It is strictly regulated.

Open burning in Idaho is legal only under strict conditions enforced by state and local agencies. The Idaho Department of Environmental Quality (DEQ) and county air quality boards regulate emissions, while the Idaho Department of Lands (IDL) oversees forestry-related burns. Violations risk fines up to $10,000 under the Clean Air Act and local ordinances, with 2026 compliance shifts tightening enforcement near urban areas.

Key Regulations for Open Burning in Idaho

  • Permits Required: All open burning—except agricultural burns under 10 acres—requires a DEQ or local air quality permit. Permits are denied in nonattainment zones like Ada County.
  • Seasonal Restrictions: Burning is prohibited during “red flag” warnings or when wind speeds exceed 15 mph, as monitored by the National Weather Service.
  • Prohibited Materials: Burning household waste, plastics, or treated wood is illegal under Idaho Code § 39-117. Only natural vegetation, untreated wood, or land-clearing debris may be burned.