Is Open Burning Legal in Illinois After the 2026 Policy Reforms?

No, open burning in Illinois is largely prohibited under the Illinois Environmental Protection Act (415 ILCS 5/10 et seq.) and regulated by the Illinois Environmental Protection Agency (IEPA), with exceptions for agricultural and prescribed burns requiring permits. Local ordinances, such as those enforced by the Cook County Department of Environmental Control, often impose stricter limits. Violations may trigger fines or criminal penalties under state law.

Key Regulations for Open Burning in Illinois

  • Permit Requirements: Agricultural burning (e.g., crop residue) requires a permit from the IEPA or local authorities, with strict seasonal and weather-based conditions (415 ILCS 5/12). Prescribed burns for ecological management must align with IEPA’s 2024 Open Burning Guidelines, which mandate wind speeds below 10 mph and no inversion layers.
  • Prohibited Materials: Burning household garbage, construction debris, or treated wood is illegal statewide (35 Ill. Adm. Code 218). Violations may result in fines up to $10,000 per day under the Illinois Pollution Control Board’s enforcement rules.
  • Local Variances: Municipalities like Chicago and Peoria enforce additional bans, including recreational fires exceeding 2 feet in height or 3 feet in diameter (Chicago Municipal Code § 11-4-310). The IEPA’s 2026 compliance updates will further restrict burns near sensitive ecological zones.

Non-compliance risks escalate under the Illinois Air Pollution Control Act, which empowers the IEPA to issue cease-and-desist orders. Landowners should consult county health departments or the IEPA’s Burn Permit Hotline (1-800-635-2380) before initiating any burn.