No, open burning in New Hampshire is heavily restricted under state and local air quality regulations, with most activities requiring prior approval from the New Hampshire Department of Environmental Services (NHDES). Exemptions exist for campfires and small recreational fires, but commercial or large-scale burning violates the Clean Air Act and NHDES Rule Env-A 1200. Municipal ordinances often impose additional prohibitions, particularly in urban areas.
Key Regulations for Open Burning in New Hampshire
- Permit Requirement: NHDES mandates a permit for all open burning except campfires ≤2 ft in diameter or recreational fires ≤3 ft in height, provided they are not nuisance-causing. Permits are denied in non-attainment zones under the 2026 federal ozone compliance plan.
- Prohibited Materials: Burning household trash, construction debris, tires, or treated wood is illegal under NHDES Env-A 1200 and local fire codes. Violations trigger fines up to $25,000 under RSA 149-M:16.
- Seasonal Restrictions: Open burning is banned during “Air Quality Action Days” (typically May–September) when ozone levels exceed 70 ppb, as enforced by NHDES in coordination with the New Hampshire Department of Health and Human Services.
Local fire departments and conservation commissions enforce these rules, with enforcement actions escalating under the 2024 amendments to RSA 149-M, which align state law with EPA’s 2026 ozone standards. Landowners burning without permits risk civil penalties and mandatory remediation costs.