It is strictly regulated.
Open burning in North Dakota is permitted under stringent conditions outlined by the North Dakota Department of Environmental Quality (NDDEQ) and local air quality control boards. Compliance hinges on adherence to state and federal air quality standards, with violations subject to enforcement under NDDEQ’s 2026 updated guidelines. Permissible activities include agricultural burning and land clearing, but only when conducted under approved permits and weather conditions that minimize smoke impact.
Key Regulations for Open Burning in North Dakota
- Permit Requirements: A written permit from the NDDEQ is mandatory for all open burning except for recreational fires (≤ 3 ft × 3 ft × 2 ft) or agricultural burns under specific exemptions. Permits are denied if emissions exceed National Ambient Air Quality Standards (NAAQS).
- Prohibited Materials: Burning household waste, plastics, tires, treated wood, or construction debris is illegal under NDDEQ’s 2026 enforcement protocols. Violations trigger fines up to $10,000 per day under the state’s Clean Air Act.
- Weather and Timing Restrictions: Burning is prohibited during air stagnation advisories or when wind speeds exceed 10 mph. Agricultural burns must occur between 8 AM and 4 PM to align with NDDEQ’s dispersion modeling requirements.